By Stabroek News
WASHINGTON, (Reuters) 鈥 A federal judge yesterday blocked President Donald Trump鈥檚 asylum ban at the U.S.-Mexico border, saying Trump exceeded his authority when he issued a proclamation declaring illegal immigration an emergency and setting aside existing legal processes.
U.S. District Judge Randolph Moss said in a 128-page opinion that Trump鈥檚 January 20 proclamation blocking all migrants 鈥渆ngaged in the invasion across the southern border鈥 from claiming asylum or other humanitarian protections went beyond his executive power.
The ruling is a setback for Trump, a Republican who recaptured the White House promising a vast immigration crackdown. Since Trump took office, the number of migrants caught crossing illegally has plummeted to record lows.
The American Civil Liberties Union brought the challenge to Trump鈥檚 asylum ban in February on behalf of three advocacy groups and migrants denied access to asylum, arguing the broad ban violated U.S. laws and international treaties.
Trump鈥檚 border restrictions went beyond a similar ban put in place by former President Joe Biden, a Democrat, in 2024. Key parts of the Biden ban were blocked by a separate federal judge in May in a lawsuit also led by the ACLU.
Moss said he would stay the effective date of a related order for 14 days to allow the Trump administration to appeal.
The decision applies to migrants who were subject to Trump鈥檚 ban or could be in the future, part of a certified class in the litigation. Such class certifications remain unaffected by last week鈥檚 Supreme Court decision reining in nationwide injunctions.
Moss ruled that neither federal immigration law nor the U.S. Constitution gave Trump the authority to disregard existing laws and regulations governing the asylum process even if stopping illegal immigration presented 鈥渆normous challenges.鈥
鈥淣othing in the [Immigration and Nationality Act] or the Constitution grants the President or his delegees the sweeping authority asserted in the Proclamation and implementing guidance,鈥 wrote Moss, an appointee of former President Barack Obama. 鈥淎n appeal to necessity cannot fill that void.鈥
The Trump administration has clashed with federal judges since Trump returned to office, particularly those ruling against his hardline immigration policies.
In a statement, White House spokeswoman Abigail Jackson said Moss did not have the authority to constrain Trump鈥檚 actions to combat illegal immigration and that the administration would appeal.
鈥淎 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,鈥 Jackson said. 鈥淲e ex-pect to be vindicated on appeal.鈥
The U.S. judiciary is one of three co-equal branches of government that include the executive and legislative branches, but Trump has tested that system of checks and balances.
Lee Gelernt, a lead ACLU attorney working on the lawsuit, said the ruling would help ensure protections for migrants fleeing danger.
鈥淭he president cannot wipe away laws passed by Congress simply by claiming that asylum seekers are invaders,鈥 Gelernt said.