An appeals court on Friday affirmed adistrict court's rulingthat an executive order invoked by President Donald Trump to suspend immigration asylum claims is unlawful.
In a divided 2-1 ruling, the Court of Appeals for the District of Columbia Circuit affirmed a court order saying the Immigration and Nationality Act allows migrants who cross the southern border apply for asylum.
Judge blocks Trump's asylum ban at southern border
"The INA does not allow the President to remove Plaintiffs under summary removal procedures of his own making," the court wrote. "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."
On Day 1 of his second term in office, President Trump issued anexecutive orderhe called "Guaranteeing the States Protection Against Invasion," which aimed to block immigrants from seeking asylum and other forms of relief once they enter the United States and to allow for their swift removal from the country.
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Friday's ruling means that migrants who make it to U.S. soil, whether at a legal port of entry or in between, can legally seek asylum as has been allowed in previous administrations.
The Trump administration will likely appeal the decision, which could set up a possible showdown at the Supreme Court.
"This decision will potentially save the lives of thousands of people fleeing grave danger who were denied even a hearing under the Trump administration's horrific asylum ban," said ACLU attorney Lee Gelernt, who argued the appeal.
A spokesperson for the Department of Homeland Security said they "strongly disagree" with the ruling and that "this will not be the last word on this matter."
"America's asylum system was never intended to be used as a de facto amnesty program or a catch-all, get-out-of-deportation-free card. President Trump's top priority remains the screening and vetting of all aliens seeking to come, live, or work in the United States," the spokesperson said. "We will use all of the tools in our toolbox to ensure that the integrity of our legal immigration system is upheld, fraud is uncovered and expeditiously addressed, and illegal aliens are removed from the country."