In a ruling released on Friday, a US appeals court ruled that President Donald Trump cannot bar migrants from seeking asylum at the border.
The District of Columbia Court of Appeals upheld a previous ruling that Trump overstepped his authority in an attempt to block migrants from entering the US without permission by applying for asylum in the US.
The court ruled that Congress did not want the executive branch to have this level of discretion over removals and asylum processes.
It noted that US law explicitly safeguards the right of people who are “physically present” in the US to apply for asylum and to have their applications reviewed on a case-by-case basis in accordance with legal processes.
The court also pointed out that if the executive wants to alter this system, it will have to go to Congress, which has the constitutional power to amend the Immigration and Nationality Act (INA).
The court stressed that the asylum process is a “delicate and complex” system, and one that cannot be unilaterally changed by the executive.
The court also upheld a previous ruling by District Judge Randolph Moss.
Trump promised during his campaign to dramatically reduce illegal immigration and remove millions of illegal immigrants.
Since his re-election in January last year, his administration has stepped up deportations and has cracked down on the border, resulting in a drop in the number of people crossing.
But some of these measures have come into question, with courts preventing or delaying elements of the government’s mass deportation program.
Courts have consistently expressed concern about possible due process protections for migrants under US law.
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