Border victory at risk: How one judge’s ruling threatens Trump’s immigration wins

A federal judge ruled Wednesday that President Trump’s attempt to bar most illegal immigrants from making asylum claims at the southern border is illegal — a decision that could blow a hole in the administration’s border policies. Here’s what you need to know about the asylum ban court ruling:

The federal court ruling

Obama-appointed judge strikes down Trump asylum ban:

• Judge Randolph Moss ruled Trump’s asylum bar is illegal
• Moss serves on federal court in Washington
• Said Congress laid out rules for border that Trump can’t override
• “An appeal to necessity cannot fill that void” according to judge

The legal reasoning

Court cites Immigration and Nationality Act authority:

• Nothing in INA or Constitution grants president “sweeping authority” for proclamation
• Trump’s need for expediency can’t override Congressional rules
• Judge acknowledged government struggles to stop illegal immigration
• Moss issued 128-page ruling on asylum restrictions

The appeals process

Judge provides government opportunity to challenge decision:

• Moss put 14-day hold on his ruling for appeals
• Gives president’s team chance to appeal decision
• Also allows government to make plans for carrying out orders
• Case likely to quickly become next big legal front

The border success context

Trump policies have dramatically reduced illegal crossings:

• Asylum blockade contributing to record-low illegal border traffic
• One day last week recorded just 137 illegal crossers
• Lowest single-day total in quarter century
• Well below Biden years when agents regularly tallied 10,000 daily crossers

The nationwide statistics

CBP reports record-low unauthorized entries:

• Customs and Border Protection recorded 25,243 unauthorized entries in June
• 12% below previous monthly record Trump set earlier this year
• Shattering the Biden average according to data
• Includes land, maritime boundaries and airports

The catch-and-release elimination

Border Patrol ends controversial practice:

• No illegal immigrants caught and released by Border Patrol for last two months
• Bogus asylum claims had been strategy for migrants to earn catch-and-release
• White House border czar Tom Homan called results the “Trump effect”
• “We have never seen numbers this low” according to Homan

The Trump proclamation

President declared border invasion in January:

• Trump issued proclamation declaring border under “invasion”
• Suspended asylum and withholding of removal claims
• Asylum had become loophole with illegal immigrants lodging bogus claims
• Withholding applies to migrants facing persecution or violence if returned

The class action certification

Court expands ruling to cover future migrants:

• Moss certified class action for migrants who show up at border
• Applies to migrants already in U.S. or who might arrive
• Covers anyone affected by Trump’s asylum ban proclamation
• Judge suggested previous migrants could get retroactive reprieve

The Miller response

White House deputy chief of staff criticizes decision:

• Stephen Miller decried decision as “startling in its breadth”
• Said “marxist judge” declared future illegal aliens on foreign soil part of protected class
• Accused judge of trying to circumvent Supreme Court ruling on nationwide injunctions
• Miller made comments on social media

The broader legal battles

Case represents new front in immigration litigation:

• Previous big cases dealt with interior matters like deportations
• Trump’s National Guard deployment to quell anti-ICE violence in Los Angeles also challenged
• This case goes to heart of Trump’s biggest success at U.S.-Mexico border
• Could become major challenge to administration’s border policies

Read more:

• Judge rules Trump’s asylum ban illegal