One of the first proclamations of Trump’s second term was Proclamation 10888 — Guaranteeing the States Protection Against Invasion. The move forbade migrants from claiming asylum when crossing the border at any place outside a port of entry, and restricted requirements to claim asylum for those entering through said ports of entry. In July, U.S. District Judge Randolph Moss, an Obama appointee, ruled that Trump had exceeded his authority with the move.
The 3-judge panel from the U.S. Court of Appeals for the D.C. Circuit put an administrative pause on Moss’s ruling, which was lifted after their decision Friday.
In his 128-page ruling, Moss argued that Trump’s unilateral moves violated the Immigration and Nationality Act, which provides the “sole and exclusive” means for deporting illegal immigrants. Trump’s proclamation had set up “an alternate immigration system” that violated the law, he claimed, rejecting the government’s argument that an out-of-control border necessitated the move.
“Nothing in the INA or the Constitution grants the President … the sweeping authority asserted in the Proclamation and implementing guidance,” Moss wrote. “An appeal to necessity cannot fill that void.”
Though he argued that an emergency doesn’t excuse the move, he seemed to cede that there was, in fact, an emergency.
“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,” Moss wrote. “But the INA, by its terms, provides the sole and exclusive means for removing people already present in the country.”
The White House was quick to respond, arguing that the ruling violated the recent Supreme Court decision limiting the ability of district judges to issue nationwide injunctions on federal government policies.
“A local district court judge has no authority to stop President Trump and the United States from securing our border from the flood of aliens trying to enter illegally. The judge’s decision — which contradicts the Supreme Court’s ruling against granting universal relief — would allow entry into the United States of all aliens who may ever try to come to in illegally,” White House spokesperson Abigail Jackson said in a statement obtained by Politico.
Department of Homeland Security Spokeswoman Tricia McLaughlin derided Moss as a “a rogue district judge” who was “threatening the safety and security of Americans.”
The Washington Examiner reached out to the Department of Homeland Security for further comment.
JUDGE BLOCKS ICE DEPORTATION STRATEGY FOR PAROLED IMMIGRANTS
Moss’s ruling is the latest of several major legal moves against Trump’s immigration agenda. On Friday, U.S. District Judge Jia Cobb of the District of Columbia ruled that the Trump administration’s use of expedited removal exceeded the Department of Homeland Security’s legal authority.
Cobb blocked three actions from the Trump administration: a Jan. 23 DHS memo directing immigration officials to apply expedited removal as broadly as possible; a Feb. 18 ICE directive authorizing officers to consider expedited removal for “paroled arriving aliens”; and a March 25 DHS notice terminating the Biden-era parole programs for Cubans, Haitians, Nicaraguans, and Venezuelans.
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