Judge Blocks Trump’s Order Restricting Asylum at Southern Border
A federal judge has blocked a key immigration policy from President Donald Trump, ruling that the executive branch does not have the authority to suspend asylum rights, even amid growing concerns about the southern border. The Department of Homeland Security has yet to issue a formal response, but an appeal is expected in the coming days.
The ruling, delivered by Judge Randolph Moss—an appointee of former President Barack Obama—spans 128 pages and underscores a central theme: that the president cannot override laws passed by Congress, particularly those that guarantee protection for individuals fleeing persecution.
Moss acknowledged the logistical and humanitarian strain facing the U.S. immigration system, noting the severe backlog of asylum cases and the challenges posed by high numbers of border arrivals. Still, he maintained that those pressures do not justify bypassing the legal right to seek asylum under U.S. and international law.
“This is a major legal victory,” said Lee Gelernt of the American Civil Liberties Union, who argued the case. “It reaffirms that asylum seekers cannot be stripped of their rights simply because the president frames the issue as a national security crisis.”
Border Crossings Have Declined
Interestingly, the decision comes at a time when unauthorized crossings are at historic lows. According to the White House, Border Patrol agents made just over 6,000 arrests in June—down 30% from May and on track for the lowest annual number since 1966. On June 28 alone, only 137 arrests were made, a dramatic drop from the end of 2023, when daily arrests sometimes exceeded 10,000.
Several factors have contributed to the decline, including tougher enforcement efforts by Mexican authorities since late 2023 and new restrictive asylum policies introduced by Biden in June 2024. The numbers dropped further following Trump’s inauguration in January and his subsequent declaration of a national emergency, which sent thousands of troops to the southern border.
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Legal Dispute Over Executive Power
Trump has long criticized the asylum process, claiming it has become a loophole exploited by migrants who plan to remain in the U.S. while awaiting decisions from backlogged immigration courts. He argues that the executive branch has the authority to limit asylum access under the Immigration and Nationality Act, which allows the president to bar entry to groups deemed harmful to the nation’s interests.
However, immigrant advocacy groups strongly disagreed. Organizations including the Florence Project, RAICES, and Las Americas Immigrant Advocacy Center filed a lawsuit against the administration. They contended that the policy equates migrants with hostile invaders, a comparison they say is both inaccurate and legally baseless.
“These measures attempt to rewrite congressional immigration laws,” the lawsuit states. “Asylum protections were established to safeguard people at risk of persecution or torture — and those protections cannot be erased by executive fiat.”
A Divided Legal Landscape
The government’s defense argued that immigration enforcement falls under executive authority and that labeling the border situation an “invasion” was a political determination not subject to judicial review.
But Judge Moss rejected that stance, reiterating that executive powers are still bound by statutory limits. His ruling could set the stage for a major legal battle over the boundaries of presidential authority in shaping immigration policy.
With an appeal likely and political tensions mounting, the issue of asylum rights — and how far a president can go to restrict them — may soon land in higher courts, perhaps even the Supreme Court.
