JUDGE REJECTS TRUMP ‘INVASION’ PROCLAMATION, HALTS DEPORTATION ORDERS
The immigrant rights groups in this case brought both a class action and an APA suit, seeking relief for a putative class of all others who “were, are or will be subject to” Trump’s proclamation and the vacatur of the proclamation.
Moss noted his decision only applies to asylum seekers currently in the U.S. but ordered further briefing to address how to remedy those who've already been deported.
The Trump administration argued that any relief should be limited to the individual plaintiffs in the case, which would effectively kneecap any remedy Moss could issue.
“That contention is both at odds with settled precedent and difficult to square with the statutory text of the APA, which offers no such limitation,” Moss said.
Faisal Al-Juburi, a spokesman for lead plaintiff Refugee and Immigrant Center for Education and Legal Services lauded Moss’ decision in an emailed statement.
He said the decision makes clear that the U.S. is a nation of laws, the Trump administration’s actions go beyond the limits set by the Constitution and by Congress and that the judicial branch “stands between us and anarchy.”
“The Trump administration’s prerogative is once again found to be unlawful,” Al-Juburi said. “It is increasingly clear where the illegality lies, and it is not with the immigrant families upon whom this administration is inflicting unfathomable harm.”
