A three-judge panel of the U.S. Court of Appeals for the District of Columbia found that immigration law allows those fleeing persecution to apply for asylum.
“Congress did not intend to grant the Executive the expansive removal authority it asserts,” Judge J. Michelle Childs wrote, adding that they upheld a lower court’s ruling.
The three panel judges who heard the case were Childs, Justin R. Walker and Cornelia T.L. Pillard. Walker, a Trump appointee, filed a separate opinion concurring in part and dissenting in part from the majority.
Childs was appointed by former President Joe Biden and Pillard was appointed by former President Barack Obama.
“The (Immigration Nationality Act) does not allow the President to remove Plaintiffs under summary removal procedures of his own making,” according to the ruling. “Nor does it allow the Executive to suspend Plaintiffs’ right to apply for asylum, deny Plaintiffs’ access to withholding of removal under the INA, or curtail mandatory procedures for adjudicating Plaintiffs’ Convention Against Torture claims.”
The White House did not respond to States Newsroom’s request for comment.
“This decision puts an end to the inhumane Trump policy of sending people, including families with little children, back to horrific danger without even a hearing,” American Civil Liberties Union attorney Lee Gelernt, who argued the appeal, said in a statement. “The court made clear that the president does not have the unilateral power to wipe away all of the asylum laws enacted by Congress.”
One of Trump’s first executive orders suspended entry to the southern border on the grounds that there was an “invasion,” which the administration claimed was a condition that allowed the president to invoke a section of the law to suspend asylum claims.
The executive order is part of Trump’s immigration crackdown, as he aims to conduct mass deportations of immigrants in the interior and cease migration to the U.S. through curbing access to asylum and refugee resettlement.
In response to the order, immigration advocacy groups filed a class action lawsuit against the Trump administration. The groups who brought the suit were the ACLU, the Refugee and Immigrant Center for Education and Legal Services, Las Americas Immigrant Advocacy Center, and Florence Immigrant and Refugee Rights Project.
RAICES, Las Americas Immigrant Advocacy Center and the Florence Immigrant And Refugee Rights Project provide legal services to immigrants, and argued that Trump’s executive order harms the legal aid work of the individual plaintiffs.
