Judge blocks Trump's asylum ban at US border

Immigrant arrested outside asylum hearing — Although federal courts have limited some of Trump's policies, 'immigration arrests are up sharply' and 'border crossings are down dramatically'

(Image credit: Bryan R. Smith / AFP via Getty Images)

What happened

A federal judge in Washington, D.C., Wednesday ruled that President Donald Trump overstepped his authority and violated federal law by shutting down the U.S.-Mexico border to asylum seekers in a January proclamation.

Who said what

Presidents face "enormous challenges in preventing and deterring unlawful entry" into the U.S. and in working through the "overwhelming backlog of asylum claims," U.S. District Judge Randolph Moss wrote in his 128-page opinion. But neither the Constitution nor immigration law gives the executive branch an "extra-statutory, extra-regulatory" power to "adopt an alternative immigration system" that denies migrants the right to seek asylum from persecution.

The ruling in the class action lawsuit applies to most asylum-seekers in the U.S., throwing up another "legal roadblock" for Trump's "aggressive" immigration crackdown, The Washington Post said. But while federal courts have "limited" some of his policies, "immigration arrests are up sharply, border crossings are down dramatically" and Trump's "sprawling tax bill" in Congress "would turbocharge funding for immigration enforcement." Trump's multiple attempts to restrict asylum in his first term were also blocked by federal courts.

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What next?

Moss postponed his order for 14 days to give the administration time to appeal, and a White House spokesperson said they would. But if the ruling is not overturned, "the processing of asylum claims at the border would resume immediately," Axios said.

Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.