The administration must also “provide relief” to recently deported migrants who may want to file for asylum in the United States, the Wednesday judgment says.
The ruling by Judge Randolph Moss may crash Trump’s deportation policy because it would force officials to release migrants, or detain them at great expense while judges consider asylum pleas.
The judgment will be appealed, but it argues that the pro-asylum laws passed by Congress decades ago override Trump’s January 20 proclamation, “Guaranteeing the States Protection Against Invasion.”
Trump’s proclamation denied migrants the right to file for amnesty except when made at official entrances to the United States. The proclamation allows Immigration and Customs Enforcement (ICE) and other agencies to quickly deport migrants without any need to detain them for the months or years needed to resolve an asylum plea in court.
But the judge says illegal migrants can apply for judge-approved asylum anytime and anywhere in the United States as a defense against their deportation. The policy could revive the easy-migration rules imposed by President Barack Obama’s administration that sharply reduced Americans’ wages and spiked housing costs.
Moss worked in the Obama administration and was nominated to the courts by Obama.
Obama’s deputies began the huge migration wave in 2010 by releasing migrants to freely look for jobs while their often-bogus asylum pleas were pending. The catch-and-release policy created the funding mechanism that allowed at least 15 million global migrants to move into Americans’ communities, workplaces, and government aid programs.
Under Biden, federal judges repeatedly turned a blind eye to his border policies. For example, the Supreme Court allowed Biden’s deputies to continue the catch-and-release jobs policy that funded the mass migration by arguing that it was up to Congress to enforce its ban against the release of asylum-seeking migrants.
Moss wrote:
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…
…
Nothing in the INA or the Constitution grants the President or his delegees the sweeping authority asserted in the Proclamation and implementing guidance. An appeal to necessity cannot fill that void.
The case was bought by three elite-backed advocacy groups and 13 migrants. The groups are the Refugee and Immigrant Center for Education and Legal Services (“RAICES”), Las Americas Immigrant Advocacy Center (“Las Americas”), and the Florence Immigrant & Refugee Rights Project (“Florence Project”).
The judge ordered his decision to be enforced immediately for the 13 plaintiffs:
The Court is persuaded that the government is acting unlawfully; where that unlawful activity may well cause irreparable injury to the plaintiffs; and where the government may continue to enforce the law using lawful means, the balance of harms and public interest weigh against granting a stay.
The decision will be appealed. Meanwhile, as migration laws are deliberately complex, the Trump administration will seek regulatory workarounds.
“Judicial insurrection!” responded Gene Hamilton, a close ally of White House migration czar Stephen Miller. He added:
A single district court judge in DC wants to set aside hundreds of years of precedent, the Constitution, and the plain text of the law, to say that the United States cannot stop illegal aliens from flooding across the border. This cannot stand.
The decision offers “classwide relief to every human being on earth who might ever come to the United States illegally! UNREAL,” Hamilton wrote.
This ruling attempts to accommodate the U.S. Supreme Court’s recent decision to curb nationwide injunctions by instead endorsing a class action suit for migrants who “were, are, or will be subject to” the Proclamation. Moses wrote:
The Court will, accordingly, certify a class (or subclass) consisting of all individuals who are or will be subject to the Proclamation and/or its implementation and who are now or will be present in the United States.
Breitbart News
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