Immigration and Nationality Act doesn\u2019t authorize the president<\/a> to remove the plaintiffs under \u201cprocedures of his own making,\u201d allow him to suspend plaintiffs\u2019 right to apply for asylum or curtail procedures for adjudicating their anti-torture claims.<\/p>\n\u201cThe power by proclamation to temporarily suspend the entry of specified foreign individuals into the United States does not contain implicit authority to override the INA\u2019s mandatory process to summarily remove foreign individuals,\u201d wrote Judge J. Michelle Childs, who was nominated to the bench by Democratic President Joe Biden.<\/p>\n
\u201cWe conclude that the INA\u2019s text, structure, and history make clear that in supplying power to suspend entry by Presidential proclamation, Congress did not intend to grant the Executive the expansive removal authority it asserts,\u201d the opinion said.<\/p>\n
The administration can ask the full appeals court to reconsider the ruling or go to the Supreme Court.<\/p>\n
The order doesn\u2019t formally take effect until after the court considers any request to reconsider.<\/p>\n
White House press secretary Karoline Leavitt said she had not seen the ruling but \u201cit\u2019s unsurprising to me. We have liberal judges across the country who are acting against this president for political purposes. They are not acting as true litigators of the law. They are looking at these cases from a political lens.\u201d<\/p>\n
Leavitt, speaking at a press gaggle outside the White House, said Trump was taking actions that are \u201ccompletely within his powers as commander in chief.\u201d <\/p>\n
She added that the judges should be thanking the president for stopping what she called a \u201cscam\u201d allowed during the Biden administration which let \u201ctens of millions of illegal aliens\u201d into the country by allowing them to \u201cfraudulently\u201d claim asylum.<\/p>\n
The Department of Homeland Security didn\u2019t immediately respond to a request for comment.<\/p>\n
ACLU attorney Lee Gelernt said in a statement that the appellate ruling is \u201cessential for those fleeing danger who have been denied even a hearing to present asylum claims under the Trump administration\u2019s unlawful and inhumane executive order.\u201d<\/p>\n
Judge Justin Walker, a Trump nominee, wrote a partial dissent. He said the law gives immigrants protections against removal to countries where they would be persecuted, but the administration can issue broad denials of asylum applications.<\/p>\n
Walker, however, agreed with the majority that the president cannot deport migrants to countries where they will be persecuted or strip them of mandatory procedures that protect against their removal.<\/p>\n
Judge Cornelia Pillard, who was nominated by Democratic President Barack Obama, also heard the case.<\/p>\n
In the executive order, Trump argued that the Immigration and Nationality Act gives presidents the authority to suspend entry of any group that they finds \u201cdetrimental to the interests of the United States.\u201d<\/p>\n
The executive order also suspended the ability of migrants to ask for asylum.<\/p>\n
\u2014\u2014\u2014<\/p>\n
AP reporters Gary Fields, in Washington, and Gisela Salomon, in Miami, contributed to this report.<\/p>\n<\/div>\n
\n
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