WASHINGTON (AP) — An appeals court has blocked President Donald Trump's executive order that sought to suspend asylum access for migrants, reaffirming a critical aspect of U.S. immigration law intended to protect those fleeing danger.
A three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit determined that under existing immigration laws, individuals have the right to apply for asylum upon reaching the U.S. border, a right that the president cannot override.
The judges ruled that the Immigration and Nationality Act does not grant the president the authority to create new removal procedures that violate the rights of asylum seekers or to suspend their requests for protection from torture or persecution in their home countries.
Judge J. Michelle Childs, who was nominated by President Joe Biden, wrote in the opinion, The power by proclamation to temporarily suspend the entry of specified foreign individuals into the United States does not contain implicit authority to override the INA’s mandatory process to summarily remove foreign individuals.
The White House has yet to respond to the ruling.
Lee Gelernt, an attorney for the ACLU, stated that the appellate ruling is vital for individuals fleeing danger who were denied an opportunity to present their asylum claims due to the previous administration's policies.
Judge Justin Walker, nominated by Trump, expressed partial dissent, suggesting that the law protects immigrants from being sent back to places where they may face persecution, but supports the administration's discretion to issue broad denials of asylum applications.
Walker did concur with the majority that the president cannot expel migrants to countries where they would face persecution or deny them the fundamental procedures necessary to contest their removal.
Judge Cornelia Pillard, who was nominated by former President Barack Obama, served on the panel as well.
