On the day of his inauguration, Trump said that the situation on the border with Mexico was the same emergency. This should be applied until Trump decides that it has ended. In the decree, Trump ordered that the possibility of using asylum is suspended at the moment.
Judge Moss admitted that the situation on the border was very difficult, but several times emphasized that the US president cannot abandon the right to asylum. The judge gave the US government time for objection. Then he would block this restriction of the asylum law on a court decision. The US government advocated an objection a few hours after the decision.
The controversial stop of the shelter is one of the main elements of Trump’s immigration policy. In fact, the number of those who were arrested during the illegal crossing of the border fell sharply. On Wednesday, the White House announced that in June there were 6,070 arrests, which was 30 percent less than in May. This has become the lowest annual value since 1966. At the end of 2023, the border police partially recorded more than 10,000 arrests in one day.
Further disputes about judicial powers
The vice-head of Trump Stephen Miller, who is considered an architect of a tough anti-migration policy, immediately felt a legal foul from the federal judge. Only last week, the Supreme Court took the opportunity to block the actions of the government throughout the country with an intermediate order – the victory of Trump in his struggle against the judiciary.
Nevertheless, the Supreme Court left some options: for example, in the case of collective costumes, so this was called class actions. The competent court must first check, and then confirm that one or more individual cases associated with the plaintiffs are equally related to a very large group of people (class), therefore, it is more efficient to solve the issue in one procedure for all, and not in all cases that were discussed individually. In this case, the decision may continue to be used throughout the country.
In fact, the Washington County Court has already declared class actions in the name of the ACLU civil rights organization in the name of some asylum seekers made against Trump’s shelter, and thus allowed the national effect of the decision even after the decision of the Supreme Court.
Nevertheless, the Trump government insisted on a sharp rhetoric that Judge Moss tried to take a fraudulent way. In his decision last week, the Supreme Court himself warned the district judge before announcing the inflationary cases of class actions. If this happens, the Supreme Court will intervene again.