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Federal judge rules the Trump can't shut down border asylum by declaring an invasion

gavel in a courtroom
Michał Chodyra/Getty Images
Gavel in courtroom.

A federal judge has ruled the Trump administration cannot shut down asylum at the border by declaring an invasion there.

Upon entering office on Jan. 20, Trump immediately enacted a section of the Immigration and Nationality Act to partially close the border.

Migrants were completely barred from entering the U.S. to seek asylum. Even some who came before the proclamation have since been told their legal status is expiring.

Legal service providers filed suit against the proclamation, arguing it ignored congressionally approved laws that guarantee the right to seek protection in the U.S.

In a 128-page decision, U.S. District Judge Randolph Moss said the Trump administration’s total bar on border asylum exceeds presidential authority. In an email, Assistant DHS Secretary Tricia McLaughlin said the government would appeal.

"The president secured the border in historic fashion by using every available legal tool provided by Congress,” her statement read. “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.”

Alisa Reznick is a senior field correspondent covering stories across southern Arizona and the borderlands for the Tucson bureau of KJZZ's Fronteras Desk.