U.S. District Judge Randolph Moss ruled unlawful Trump’s day-one proclamation shutting down the right to claim asylum at the southern border on the dubious grounds that an “invasion” is occurring there.
In his 128-page ruling, Moss said that Trump’s proclamation asserted “sweeping authority” that far exceeds the powers he legally possesses under the Constitution and the Immigration and Nationality Act. And the Trump administration’s “appeal to necessity cannot fill that void.”
The ruling, which applies to all people “who are now or will be present in the United States,” effectively stops the proclamation in its tracks—at least after a two-week stay, during which the president is expected to appeal. In the interim, Moss said the administration “shall take steps to ensure that they … are fully prepared to implement the Court’s order without further delay.”
Moss mentioned that Supreme Court case in his ruling, but cited the Administrative Procedure Act, a federal law that directs courts to “set aside” federal actions found to be “not in accordance with law.”
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