Federal judges rule executive action cannot override statutory asylum protections under immigration law.
By yourNEWS Media Newsroom
A federal appeals court has blocked an executive order issued by Donald Trump that sought to suspend asylum access at the southern border, ruling that the action conflicts with existing immigration law.
A three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit determined that individuals arriving at the border retain the legal right to apply for asylum under the Immigration and Nationality Act. The court found that the president does not have the authority to bypass those statutory protections.
In the majority opinion, Judge J. Michelle Childs wrote that presidential powers to restrict entry into the United States do not extend to overriding procedures established by Congress. “The power by proclamation to temporarily suspend the entry of specified foreign individuals into the United States does not contain implicit authority to override the INA’s mandatory process to summarily remove foreign individuals,” she stated.
The ruling also concluded that the administration could not eliminate the ability of migrants to apply for asylum or limit the processes used to evaluate claims involving protection from torture.
Judge Cornelia Pillard joined the majority opinion. Judge Justin Walker issued a partial dissent, stating that while immigration law provides protections against removal to countries where individuals may face persecution, the executive branch retains authority to broadly deny asylum applications in certain circumstances.
Walker agreed with the majority that migrants cannot be deported to locations where they face persecution and that established legal procedures must be followed.
The case centers on a key component of the administration’s immigration policy aimed at restricting asylum claims at the U.S.-Mexico border. The White House did not immediately comment on the decision.
Lee Gelernt, an attorney with the American Civil Liberties Union, said the ruling is “essential for those fleeing danger who have been denied even a hearing to present asylum claims under the Trump administration’s unlawful and inhumane executive order.”
The decision leaves in place existing asylum procedures while litigation over the executive order continues.