President Donald Trump determined on his first day back in office that the “current situation at the southern border qualifies as an invasion under Article IV, Section 4 of the Constitution.”
He then proclaimed, pursuant to the Immigration and Nationality Act, that migrants stealing into the homeland would henceforth be restricted from claiming asylum until the invasion was over. Those who failed to provide federal officials with sufficient personal information at legal ports of entry would similarly be restricted in making asylum claims.
Of course, this proclamation enraged all the usual suspects on the left, including the American Civil Liberties Union, which challenged the asylum ban in February on behalf of three radical activist groups and a handful of foreigners denied asylum.
‘An appeal to necessity cannot fill that void.’
According to the activist groups’ complaint, the proclamation was “as unlawful as it is unprecedented,” and “immigration — even at elevated levels — is not an ‘invasion.'”
On Wednesday, an Obama judge weaseled around the U.S. Supreme Court’s June 27 determination regarding nationwide injunctions in Trump v. CASA Inc. in order to universally bar the administration from expelling asylum seekers from the United States.
Photo by Chip Somodevilla/Getty Images
U.S. District Judge Randolph Moss said Trump had exceeded his executive authority in adopting “an alternative immigration system” and that his day-one proclamation was unlawful.
“Nothing in the INA or the Constitution grants the president or his delegees the sweeping authority asserted in the Proclamation and implementing guidance,” wrote Moss. “An appeal to necessity cannot fill that void.”
While the Supreme Court indicated last week that the national injunctions weaponized against the Trump administration by district court judges “likely exceed the equitable authority that Congress has given to federal courts,” Justice Brett Kavanaugh recognized in his concurring opinion that district courts may still be able to “grant or deny the functional equivalent of a universal injunction — for example, by granting or denying a preliminary injunction to a putative nationwide class under Rule 23(b)(2).”
Moss embraced this “functional equivalent of a universal injunction” and certified all border-jumping asylum seekers “who are now or will be present in the United States” as a protected class.
‘The American people see right through this.’
Moss did, however, stay his ruling two weeks pending an appeal from the Trump administration. Depending on how the appeal goes, the floodgates could be reopened to multitudes of foreign nationals seeking asylum.
“To try to circumvent the Supreme Court ruling on nationwide injunctions a marxist judge has declared that all potential FUTURE illegal aliens on foreign soil (eg a large portion of planet earth) are part of a protected global ‘class’ entitled to admission into the United States,” wrote White House deputy chief of staff Stephen Miller.
Miller added, “The West will not survive if our sovereignty is not restored.”
Department of Homeland Security spokeswoman Tricia McLaughlin similarly underscored the gravity of Moss’ ruling, noting in a statement obtained by CNN, “The President secured the border in historic fashion by using every available legal tool provided by Congress. Today, 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.”
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Photo by GUILLERMO ARIAS/AFP via Getty Images
While the White House did not comment on whether Trump might follow President Abraham Lincoln’s example of taking actions that bypass or supersede the rulings of meddlesome judges, it indicated the administration expects to win on appeal.
“A local district court judge has no authority to stop President Trump and the United States from securing our border from the flood of aliens trying to enter illegally,” White House spokeswoman Abigail Jackson said in a statement to Blaze News. “The judge’s decision — which contradicts the Supreme Court’s ruling against granting universal relief — would allow entry into the United States of all aliens who may ever try to come in illegally.”
“This is an attack on our Constitution, the laws Congress enacted, and our national sovereignty,” continued Jackson. “We expect to be vindicated on appeal.”
Attorney General Pam Bondi characterized Moss as a “rogue” judge “trying to circumvent the Supreme Court’s recent ruling against nationwide injunctions.”
“The American people see right through this,” said Bondi. “Our attorneys … will fight this unconstitutional power grab as [Trump] continues to secure our border.”
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Author: Joseph MacKinnon
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