A federal judge ruled on Wednesday that the Trump administration cannot prevent migrants who cross the southern border from making asylum claims.
Judge Randolph Moss, an Obama appointee, held that the president does not have “unilateral authority to limit the rights of aliens present in the United States to apply for asylum” as he did in a day-one proclamation declaring an “invasion” at the southern border.
“The Court recognizes that the Executive Branch faces enormous challenges in preventing and deterring unlawful entry into the United States and in adjudicating the overwhelming backlog of asylum claims of those who have entered the country,” Moss wrote in the 128-page ruling.
Moss wrote that “nothing in the INA [Immigration and Nationality Act] or the Constitution grants the President or his delegees the sweeping authority asserted in the Proclamation and implementing guidance.” He granted a request to certify a class of migrants in the U.S. who are or will be subject to Trump’s proclamation.
The order will not take effect for 14 days to allow the Trump administration time to appeal, according to the ruling.
“A local district court judge has no authority to stop President Trump and the United States from securing our border from the flood of aliens trying to enter illegally,” Jackson said in a statement to the Daily Caller News Foundation. “The judge’s decision—which contradicts the Supreme Court’s ruling against granting universal relief—would allow entry into the United States of all aliens who may ever try to come to in illegally. This is an attack on our Constitution, the laws Congress enacted, and our national sovereignty.”
White House Deputy Chief of Staff Stephen Miller wrote on X that “the West will not survive if our sovereignty is not restored.”
“To try to circumvent the Supreme Court ruling on nationwide injunctions a marxist judge has declared that all potential FUTURE illegal aliens on foreign soil (eg a large portion of planet earth) are part of a protected global ‘class’ entitled to admission into the United States,” Miller wrote.
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