Judge cites Antonin Scalia while blocking Trump asylum ban
Share this @internewscast.com

Donald Trump addresses the Road to Majority conference in Washington, DC, on June 22, 2024. (Allison Bailey/NurPhoto via AP). Right: In this Oct. 18, 2011 file photo, U.S. Supreme Court Justice Antonin Scalia glances at the balcony before speaking at the Chicago-Kent College of Law in Chicago (AP Photo/Charles Rex Arbogast, File).

A federal judge in Washington, D.C., has stopped President Donald Trump’s officials at the Department of Homeland Security (DHS) from enacting the executive’s proclamation from Inauguration Day, which stated that an “invasion” and emergency warranted an asylum ban along the southern border.

U.S. District Judge Randolph Moss ruled on Wednesday, in a detailed opinion, that Trump exceeded his legal authority and acted “contrary to law” by bypassing the Immigration and Nationality Act (INA) to “prevent covered aliens from seeking asylum or establish new limitations on asylum that have not been formally regulated.”

Moss, a Barack Obama appointee, cited the late conservative Justice Antonin Scalia several times to push back on the Trump administration’s arguments that there was no judicial review of the president’s proclamation available to seven individual plaintiffs who remain in the U.S. — identified only by the initials A.M., Z.A., T.A., A.T., B.R., M.A., and G.A — and three plaintiff nonprofit legal groups: the Refugee and Immigrant Center for Education and Legal Services; Las Americas Immigrant Advocacy Center; and the Florence Immigrant & Refugee Rights Project.

The judge pointed out that he was not enjoining the president but rather those in DHS attempting to implement the proclamation through guidance against asylum or “withholding of removal” relief. Moss said he was following the “approach” to judicial review of a presidential action that Scalia “endorsed.”

“On Defendants’ telling, no matter what the Court does, the Proclamation will remain in effect and, even if the implementing guidance is enjoined or vacated, the Proclamation will continue to preclude immigration officials from considering Plaintiffs’ requests for asylum or withholding of removal,” Moss said. “Justice Scalia spoke directly to this issue in his concurring opinion in Franklin v. Massachusetts.”

Love true crime? Sign up for our newsletter, The Law&Crime Docket, to get the latest real-life crime stories delivered right to your inbox.

In that concurrence, Scalia wrote that “[r]eview of the legality of Presidential action can ordinarily be obtained in a suit seeking to enjoin the officers who attempt to enforce the President’s directive.”

Later in Moss’ opinion, he reiterated that there wasn’t “merit” to the argument that Trump’s proclamations “lie beyond the scope of review even, when the relief is limited to enjoining the actions of subordinate government officials.” He pointed a second time to Scalia’s concurrence.

The judge said the administration’s assertion that flouting the INA was done out of necessity flies in the face of the Framers’ understanding and “undermines respect for the rule of law[.]”

“[N]othing in the INA or the Constitution grants the President or his delegees the sweeping authority asserted in the Proclamation and implementing guidance. An appeal to necessity cannot fill that void,” Moss said.

Share this @internewscast.com
You May Also Like

Trump Administration Faces Allegations of FOIA Violations in Controversial Palantir Document Case

President Donald Trump gestures while speaking with reporters in the James Brady…

Tragic Neglect: Authorities Charge Couple for Starving Child by Neglecting Feeding Tube

Left inset: Megan Fredrick (KXTV/YouTube). Right inset: Sherwood Johnson (KXLY/YouTube). Background: The…

Tragic Drunk Driving Incident on Golf Cart: Man Learns His Fate After Wife’s Fatal Fall

Background: The neighborhood where Christina Theodosiou died after falling from a golf…

Unattended Bag Sparks Travel Chaos: Major Airport Faces Security Scare and Delays

The discovery of an unattended bag forced parts of Perth Airport to…

Prominent Sydney Solicitor Faces Charges in Massive $25 Million Fraud Scandal

A Sydney solicitor has been charged after allegedly helping facilitate a scheme…

Shocking Incident: Woman Opens Fire During Ladies’ Night Out, Police Report Reveals

Background: News footage of the Dr. Limon restaurant in Homestead, Fla. (WPLG).…

Fourth Suspect Charged in Connection to Sydney Grandfather’s Alleged Kidnapping and Murder

A fourth man has been charged over the alleged kidnapping and murder…

Tragic Workplace Incident: Family Claims Bullying Led to Fatal Co-Worker Altercation

Inset left: Gregory Lewis (Tarrant County Jail). Inset right: Thomas King (GoFundMe).…

Judge Steps Down Amid Allegations of Handcuffing Attorney

Inset left: Rosie Speedlin-Gonzalez”s official judicial profile picture (Bexar County). Inset right:…

Father Attributes Child’s Fatal Injuries to Car Seat Accident, Authorities Report

Inset: Gabrielle E. Ayers (Jefferson County Jail). Background: The Arkansas home where…

Mother Sends Father Disturbing Photo of Son Under Car with Instructions to ‘Run Him Over,’ Police Report

April Alexander (Adams County Sheriff’s Office). A Mississippi woman is now charged…

Motorcyclist Involved in Accident with 7-Year-Old Daughter on Board, Authorities Report

Dallas Coburn holds his daughter after his motorcycle crashed (KDKA/YouTube). A man…