As everyone knows, President Trump has effectively shut down the U.S. border. As you can see in this chart, the number of border encounters so far this year is lower than any single month during Joe Biden's tenure.
But the way that Trump did this was, partly, by putting an temporary stop to people gaming the U.S. asylum system. Under that system, anyone who presented themselves at the border could claim asylum and then, if they passed the initial interview, be allowed to move into the country to await an immigration court decision on their claim. Because of the massive backlog in the system, the court decision might take 5-7 years. By that point, most people would simply stay, regardless of what the immigration determined. And so long as they didn't commit a felony, ICE was unlikely to ever come looking for them.
But Trump's decision to shut down the asylum system has been tied up in court and today an appeals court ruled his ban on such claims was illegal.
One of President Trump’s key assertions of presidential power over the southern border was ruled unlawful by a federal appeals court on Friday.
In a 2-to-1 decision, the U.S. Court of Appeals for the District of Columbia upheld an earlier ruling by a district court judge that Mr. Trump had to adhere to requirements outlined in the Immigration and Nationality Act and could not categorically deny asylum claims from people crossing from Mexico into the United States.
Existing immigration law “does not allow the president to remove plaintiffs under summary removal procedures of his own making,” Judge J. Michelle Childs wrote for the majority. She rejected the administration’s view of the law, which would allow it to “unilaterally and heedlessly return individuals even to countries where they will most certainly face persecution.”
The judges are essentially ending an approach that Trump put in place on his first day of his 2nd term.
On Mr. Trump's first day back in office, he directed his administration to suspend the asylum process for millions of people seeking to come to the U.S. due to potential torture or persecution in their native countries.
In his executive order, Mr. Trump said that there was an "invasion" into the U.S. and as a result, he was "suspending the physical entry" of undocumented migrants into the country until he determined "that the invasion has concluded."
On the heels of that directive, the Department of Homeland Security issued guidance informing immigration authorities at the southern border that individuals who cross between ports of entry are "not permitted to apply for asylum." The department also declared that people subject to Mr. Trump's executive order could be summarily removed under one of two new processes, "direct repatriation" or "expedited removal," without being allowed to request asylum.
Under the guidance, asylum officers were told not to ask specific questions about whether a migrant has a credible fear of persecution or torture.
Immigrants rights groups sued and the case has been making its way through the courts ever since. Naturally, the ACLU is pleased and promises this won't result in open borders even though that's de facto how this program has worked for years.
“The court’s opinion does not mean there are now open borders, but only that the United States will no longer be one of the few countries in the world who after World War II does not provide a hearing for those fleeing persecution,” said Lee Gelernt, the American Civil Liberties Union attorney who argued the appeal. “The court properly made clear that the president cannot simply waive away the laws enacted by Congress.”
At this point the Trump administration has two options. It can appeal the decision to the full appeals court or it can appeal directly to the Supreme Court. The administration hasn't indicated which road it will take but has said it plans to appeal.
White House spokeswoman Abigail Jackson said Trump had utilized his “lawful authority” to end the “egregious exploitation” of the U.S. asylum system.
The Justice Department “will seek further review of this badly flawed decision and we are confident we will be vindicated,” she said in a statement.
We'll have to wait and see where this goes. Trump's opponents may be in the midst of handing him a resurgence of his favorite issue just in time for the midterms.
Editor’s Note: Thanks to President Trump, illegal immigration into our great country has virtually stopped. Despite the radical left's lies, new legislation wasn't needed to secure our border, just a new president.
Help us continue to report the truth about the president's border policies and mass deportations. Join HotAir VIP and use promo code FIGHT to receive 60% off your membership.
Join the conversation as a VIP Member