No Emergency to Justify Trump Asylum Ban at Mexico Border Says Fed Judge
By Reuters | 02 Jul, 2025

Federal District Court Judge Randolph Moss found Trump overstepped his authority by banning claims of asylum in the absence of an actual national emergency.

drone view of the Rio Grande River between Mexico and the United States in Presidio County, Texas, U.S., February 24, 2025. REUTERS/Cheney Orr/File Photo

A federal judge on Wednesday blocked President Donald Trump's asylum ban at the U.S.-Mexico border, saying Trump exceeded his authority when he issued a proclamation declaring illegal immigration an emergency and setting aside existing legal processes. 

U.S. District Judge Randolph Moss said in a 128-page opinion that Trump's January 20 proclamation blocking all migrants "engaged in the invasion across the southern border" from claiming asylum or other humanitarian protections went beyond his executive power.

The ruling is a setback for Trump, a Republican who recaptured the White House promising a vast immigration crackdown. Since Trump took office, the number of migrants caught crossing illegally has plummeted to record lows.

The American Civil Liberties Union brought the challenge to Trump's asylum ban in February on behalf of three advocacy groups and migrants denied access to asylum, arguing the broad ban violated U.S. laws and international treaties.

Trump's border restrictions went beyond a similar ban put in place by former President Joe Biden, a Democrat, in 2024. Key parts of the Biden ban were blocked by a separate federal judge in May in a lawsuit also led by the ACLU.

Moss said he would stay the effective date of a related order for 14 days to allow the Trump administration to appeal.

The decision applies to migrants who were subject to Trump's ban or could be in the future, part of a certified class in the litigation. Such class certifications remain unaffected by last week's Supreme Court decision reining in nationwide injunctions.

Moss ruled that neither federal immigration law nor the U.S. Constitution gave Trump the authority to disregard existing laws and regulations governing the asylum process even if stopping illegal immigration presented "enormous challenges."

"Nothing in the [Immigration and Nationality Act] or the Constitution grants the President or his delegees the sweeping authority asserted in the Proclamation and implementing guidance," wrote Moss, an appointee of former President Barack Obama. "An appeal to necessity cannot fill that void."

The White House, Justice Department and U.S. Department of Homeland Security did not immediately respond to requests for comment.

(Reporting by Ted Hesson; Editing by Chris Reese and Aurora Ellis)