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Judges panel allows Trump to continue asylum restrictions on migrants

The court's move reaffirms the Executive branch's ability to enforce his policy while court litigation continues.

Border Patrol detains several illegal immigrants.

Border Patrol detains several illegal immigrants.AFP.

Sabrina Martin
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A panel of the D.C. Circuit Court of Appeals ruled in favor of the Trump administration, allowing a crucial part of its immigration policy restricting access to asylum for those who do not enter through official U.S. ports of entry to stand.

The court action reaffirms the Executive branch's ability to enforce its asylum policy while the court litigation continues, and represents a partial victory for the administration after a federal judge attempted to strike down the presidential order. The proclamation, issued by Trump shortly after taking office, states that only those who enter legally through authorized points of entry will be able to apply for asylum, a measure designed to curb illegal immigration and restore order at the southern border.

Partial reversal of a previous lower court decision

Federal Judge Randolph Moss, appointed by former President Barack Obama, had blocked the policy last month on the grounds that it violated the Immigration and Nationality Act (INA). According to his ruling, the executive could not limit asylum only to those entering through official channels, even if they were undocumented migrants claiming to be fleeing persecution.

However, the appeals panel - composed of Judges Patricia Millett, Cornelia Pillard and Judge Gregory Katsas - lifted the administrative pause it had previously imposed, allowing the Moss decision to go into effect only partially. The panel limited its scope by restricting its application exclusively to migrants already inside the United States, leaving in place Trump's policy for those attempting to enter through irregular channels from abroad.

Reaction from the government and ongoing legal dispute

Department of Homeland Security spokeswoman Tricia McLaughlin praised the decision and accused Judge Moss of putting national security at risk by overriding legal tools that Congress had already made available to the Executive. "The President secured the border in record time at an unprecedented level by using every available legal tool provided by Congress. A rogue district judge took those tools away, threatening the safety and security of Americans and ignoring a Supreme Court decision issued only days earlier admonishing district courts for granting nationwide injunctions," he said in remarks to CBS News.

The case stemmed from a lawsuit filed by the American Civil Liberties Union (ACLU) on behalf of nonprofit organizations, alleging that Trump's policy violated fundamental rights of asylum seekers. Now, with the appeals panel's new ruling, the Administration can continue to restrict access to the immigration protection system as the litigation moves forward.
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