Judge Halts Order Restricting Asylum Access at Border

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    In a significant judicial decision, a federal judge declared that President Donald Trump’s executive order halting asylum applications at the southern U.S. border is unlawful. However, the judge allowed a temporary hold on this decision, providing the government two weeks to initiate an appeal.

    Earlier, President Trump had proclaimed that the influx at the southern boundary amounted to an invasion, authorizing the cessation of physical entry to migrants and suspending their asylum rights until further notice. This was part of his broader strategy to curb migration on the country’s southern edge.

    U.S. District Judge Randolph Moss ruled from Washington that his injunction against Trump’s policy would become effective on July 16, enabling the administration a window to appeal. Moss articulated that neither the U.S. Constitution nor federal immigration statutes grant a president the authority to repatriate or remove individuals from the country without allowing them asylum opportunities or access to humanitarian protection mechanisms.

    While the Department of Homeland Security has yet to comment, an appeal from the administration seems likely. President Trump and his administration have frequently criticized court rulings that challenge his policies as forms of judicial overreach.

    Appointed by former President Barack Obama, Judge Moss acknowledged the significant challenges facing the southern border, including a substantial backlog of asylum cases. However, he emphasized repeatedly in his comprehensive 128-page ruling that the president lacks the power to entirely block asylum claims.

    Lee Gelernt, representing the American Civil Liberties Union, described the court’s decision as a pivotal triumph. He stated, “This decision ensures safety for those escaping severe danger and confirms that the president cannot bypass laws established by Congress by labeling asylum seekers as invaders.”

    The ruling coincided with a noticeable reduction in illegal border crossings. The White House reported a reduction to 6,070 migrant arrests by the Border Patrol in June—a 30% decrease compared to May. This indicates a potential for the lowest annual figures since 1966. On pressing days of late 2023, border arrests had surged past 10,000.

    This decline in arrests has been linked to increased enforcement by Mexican authorities within their borders beginning in December 2023 and was further intensified by asylum restrictions introduced by then-President Joe Biden in June 2024. After Trump’s inauguration in January, a further drop in crossings occurred when he dispatched military personnel to the border under a national emergency declaration.

    President Trump and his backers maintain that the asylum system is subject to exploitation, drawing individuals aware of the lengthy asylum claim processes in overextended immigration courts, during which they can reside and work in the U.S.

    Conversely, advocates insist that the right to seek asylum is entrenched in both U.S. legislation and international agreements, asserting that it remains a critical safeguard for individuals fleeing persecution. They argue that these protections, established by Congress, stand beyond presidential override, even for those crossing illegally.

    For asylum eligibility, applicants must exhibit a credible fear of persecution on restricted grounds, including race, religion, nationality, or affiliation with specific social or political factions.

    In his order, President Trump maintained that the Immigration and Nationality Act provided the executive with the prerogative to suspend entry based on assessments of potential national detriment.

    Immigrant-support organizations such as the Florence Project of Arizona, the El Paso-based Las Americas Immigrant Advocacy Center, and Texas’s RAICES launched a lawsuit against the government. These groups contended that equating migrants approaching the southern border with an invasion was a fallacy, arguing that Trump’s directive constituted an overreach, subverting the immigration protections legislated by Congress for at-risk individuals.

    The administration countered that determining foreign policy and enforcing immigration fall within the executive’s remit, thus sanctioning the president’s declaration of invasion as a political question beyond judicial review.