WASHINGTON (AP) — A three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit issued a ruling on Friday that blocks President Donald Trump's executive order aimed at suspending asylum access, a key aspect of his immigration policy. The decision reinforces the legal right of migrants to seek asylum at the U.S.-Mexico border, asserting that the president cannot bypass existing immigration laws.
The judges concluded that the immigration laws in place grant the right to individuals to apply for asylum, and noted that the president does not have the authority to remove those rights through executive actions. The court's opinion emphasized that, under the Immigration and Nationality Act (INA), the power to suspend entry does not include the authority to eliminate the asylum process.
Judge J. Michelle Childs, who was nominated by President Joe Biden, stated in the ruling, “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.”
There was no immediate response from the White House regarding the ruling. Meanwhile, ACLU attorney Lee Gelernt highlighted the importance of this appellate ruling, affirming its significance for those in danger who were previously denied a chance to present their asylum claims due to the executive order.
In a partial dissent, Judge Justin Walker, nominated by Donald Trump, acknowledged the protections offered to immigrants against removal to countries where they would face persecution, but argued that the administration still retains the ability to broadly deny asylum applications.
This ruling is seen as a pivotal moment in the ongoing debate over immigration policy and the rights of asylum seekers in the United States.
