Judge Invalidates Trump's 'Invasion' Proclamation

Constitution and federal law don't give the president the power to reject asylum seekers, opinion says
Posted Jul 2, 2025 6:42 PM CDT
Judge Rules Trump Can't Reject Asylum Seekers
Immigrants seeking asylum walk at the ICE South Texas Family Residential Center in August 2019 in Dilley, Texas.   (AP Photo/Eric Gay, File)

A federal judge prohibited the Trump administration on Wednesday from unilaterally expelling people seeking asylum in the US, ruling that the president doesn't have the authority to "adopt an alternative immigration system." US District Judge Randolph D. Moss' decision invalidated the proclamation that President Trump issued that declared an "invasion" on the southern border and invoked emergency powers to deport migrants without letting them apply for asylum, the Washington Post reports. The decision takes effect in two weeks to give the administration time to appeal.

"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," wrote Moss, who was appointed by Barack Obama, in a 128-page opinion. But he said the Constitution and federal law don't grant Trump the powers he was claiming, per the New York Times. Many of those who have sought asylum in the US had faced persecution in Afghanistan, Cuba, Egypt, Peru and Turkey, court filings said. "This ruling means that asylum will once again be available for those fleeing horrific danger and in doing so, reaffirms that the president must respect the laws Congress enacts," said Lee Gelernt, an American Civil Liberties Union lawyer who argued the case brought by immigration rights groups.

Moss agreed to certify the people involved in the case as a class, so the ruling applies to those "currently present in the United States." That's in response to the Supreme Court ruling last week limiting judges' ability to stop administration policies nationwide. Presidential aide Stephen Miller posted on social media that Moss' order was an attempt to "circumvent" the Supreme Court's will, as well as create "a protected global 'class' entitled to admission into the United States," per the Times.

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