Federal judge blocks Trump’s asylum ban for migrants at southern border

A federal judge has blocked President Donald Trump’s executive order that aimed to prevent migrants crossing the border from seeking asylum or applying for withholding of removal in the U.S. This decision represents a significant setback for Trump as he continues to push for stricter immigration policies.

U.S. District Judge Randolph Daniel Moss, who was appointed by President Obama, ruled on Wednesday that Trump’s proclamation exceeded his authority by attempting to block migrants from seeking asylum or withholding of removal. The American Civil Liberties Union (ACLU) brought the lawsuit on behalf of several migrant groups and 13 asylum-seekers earlier this year, arguing that Trump’s action was unlawful and unprecedented.

In his 128-page opinion, Moss stated that Trump lacks the constitutional authority to override federal statutes governing removals. He emphasized that to hold otherwise would make much of the Immigration and Nationality Act optional. The judge granted a 14-day stay on his order to allow the Trump administration to appeal the decision.

Moss also certified a class of migrants who were or would be subject to Trump’s proclamation, allowing the lawsuit to proceed under the Supreme Court’s guidelines set in Trump v. CASA. The Supreme Court ruling limited the scope of injunctive relief that lower courts can provide unless a certified class is involved.

The White House criticized the ruling, arguing that it went against the intent of the Supreme Court’s decision in Trump v. CASA. The Trump administration is expected to appeal the ruling to a higher court for emergency relief.

Despite acknowledging the challenges the executive branch faces in dealing with unlawful entry and asylum claims, Moss maintained that Trump’s proclamation and implementing guidance went beyond his authority. He emphasized that the U.S. Constitution and the Immigration and Nationality Act do not grant the president such sweeping powers.

ACLU attorney Lee Gelernt hailed the decision as a significant victory for asylum seekers in the U.S., stating that it would save lives and uphold the separation of powers. The plaintiffs had argued that the administration’s proclamation falsely cited an “invasion” as a reason to deny asylum seekers protection in the U.S.

Trump adviser Stephen Miller criticized the judge’s decision, describing Moss as a “marxist” judge. Miller accused the judge of circumventing the Supreme Court ruling on nationwide injunctions and allowing potential future illegal aliens on foreign soil to be considered part of a protected global “class” entitled to admission into the U.S.

This ruling comes as Trump continues to push for hard-line immigration policies in his second term. The administration has sought to end birthright citizenship and has increased deportations, using a wartime immigration law to expedite the removal of hundreds of migrants to a maximum-security prison in El Salvador earlier this year.

Breanne Deppisch, a national politics reporter for Fox News Digital, covers the Trump administration with a focus on the Justice Department, FBI, and other national news.