A federal judge has struck down President Donald Trump’s Proclamation 10888, which prohibited migrants from making asylum claims after crossing the southern border.
Trump issued the proclamation on Inauguration Day, referring to the influx of illegal immigrants and asylum seekers as an “invasion.” The proclamation bars access to asylum for individuals who crossed the border outside of official ports of entry and those who failed to present documentation such as “extensive medical information, criminal history recrods, and other background records.”
In the case of RAICES v. Noem, US District Judge Randolph Moss ruled against the executive action, arguing that it bypasses the Immigration and Nationality Act (INA),” which allows “any alien who is physically present in the United States” to apply for asylum “irrespective of such alien’s status.” The judge held that the executive branch does not possess the authority to rewrite asylum law.
Judge Moss, who was appointed by former President Barack Obama, contended that the proclamation “purports to rely on statutory and constitutional provisions that neither contemplate nor permit such a wholesale rewriting of the Nation’s immigration laws.” The ruling notes that the White House enforced the policy through informal Department of Homeland Security emails, one of which defined “an alien who crosses between the ports of entry on the southern land border” as being “engaged in the invasion.” DHS argued that these individuals “are not permitted to apply for asylum.”
BREAKING - Federal Judge Randolph D. Moss, appointed by Obama, ruled that President Trump exceeded his authority by blocking illegals in the U.S. from seeking asylum and is now ordering him to reopen the border to asylum seekers. pic.twitter.com/zstaeY0z1g
— Right Angle News Network (@Rightanglenews) July 2, 2025
Trump’s proclamation contradicts provisions of the INA that guarantee access to asylum, according to Judge Moss, who pointed out that the legislation plainly states that “any alien who is physically present in the United States… may apply for asylum… irrespective of such alien’s status.”
The White House had asserted that Article II of the Constitution and the Invasion Clause granted the executive branch the authority to suspend rights in response to a border crisis. Judge Moss disagreed.
NEW! A federal court just ruled that President Trump's "invasion" proclamation banning asylum at the border is UNLAWFUL.
— Aaron Reichlin-Melnick (@ReichlinMelnick) July 2, 2025
Judge Moss vacates agency guidance implementing the proclamation, issues declaratory relief that the order is unlawful, and enjoins its implementation. pic.twitter.com/6uTe9G9Oxa
“The fourth section does not rely on any statutory authority but, rather, invokes Article II and Article IV, Section 4 of the Constitution,” he wrote. He noted that these provisions could not “be read to grant the President…authority to adopt an alternative immigration system.” Moss stressed that there are no provisions in the Constitution empoweringg the president to override immigration laws enacted by Congress.
The plaintiffs stated that the White House’s Proclamation violated the Administrative Procedure Act (APA). However, Moss did not rule on this allegation.
Moss’ ruling granted relief to plaintiffs who are currently in the United States. However, he deferred ruling on those who had already been deported under the Proclamation in order to provide relief to those already in the country. He will take up the deportee’s case in a future ruling.