A federal court has ruled thatDonald Trump’s proclamation of an “invasion” at theUS-Mexico borderis unlawful, saying that the president had exceeded his authority in suspending the right to apply for asylum at the southern border.
As part of his crackdown onimmigration, Trump abruptly closed the southern border to tens of thousands of people who had been waiting to cross into the US legally and apply for asylum, signing a proclamation on the day of his inauguration that directed officials to take action to “repel, repatriate, or remove any alien engaged in the invasion across the southern border of the United States”.
In a ruling on Wednesday, US district judge Randolph Moss ruled in favor of 13 people seeking asylum in the US and three immigrants’ rights groups who argued that it was unlawful to declare an invasion and unilaterally ban the right to claim asylum.
Moss ruled that nothing in the Immigration and Nationality Act or the US constitution “grants the president or his delegees the sweeping authority asserted in the proclamation and implementing guidance”.
He also asserted the constitution did not give the president the authority to “adopt an alternative immigration system, which supplants the statutes that Congress has enacted and the regulations that the responsible agencies have promulgated”.
The ruling will not take effect immediately; rather Moss has given theTrump administration14 days to seek emergency relief from the federal appeals court. But if Moss’s ruling holds up, the Trump administration would have to renew processing asylum claims at the border.
People fleeing persecution and danger in their home countries would still be subject to a slew of other measures that have restricted access to legal immigration pathways. But the ruling would require the homeland security department to offer people at the southern border at least some way to seek refuge in the US.
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For now,crossingsat the US-Mexico border have dropped sharply since the administration cut off legal pathways to enter and ramped up the active military presence in the region.
But manywho had journeyedto the border – fleeing extreme violence, authoritarianism and poverty in Central and South America, as well as Africa and Asia – remained stranded on the Mexican side, holding out hope in shelters for migrants. Others have dispersed into Mexico, seeking work or residency there.
Advocates have warned that many of the migrants left in the lurch by Trump’s abrupt asylum ban have been put in vulnerable and dangerous situations. The plaintiffs in the case challenging Trump’s ban had fled persecution in Afghanistan, Ecuador, Cuba, Egypt, Brazil, Turkey and Peru. Some have already been removed from the US.
The district court ruling comes after a landmark supreme court decision last week in a case challenging Trump’s attempt to unilaterally end the country’s longstanding tradition of birthright citizenship. On Friday, the country’s highest courtruled to curb the power of federal judgesto impose nationwide rulings impeding the president’s policies.
But because the case challenging Trump’s asylum ban was filed as a class-action lawsuit, it is not affected by higher court’s restriction.