Trump officials defend order prohibiting asylum at southern border

RUBY, ARIZONA – JANUARY 05: Migrants seeking asylum from Mexico, India and Ecuador keep warm by a fire while waiting to be apprehended by U.S. Customs and Border Patrol officers after crossing over a section of border wall into the U.S. on January 05, 2025 in Ruby, Arizona. Unlawful border crossings along the Texas Southern border have plummeted to a four-year low according to recent data provided by U.S. Customs and Border Protection. Immigration experts have attributed parts of the decrease to a ruling under the Biden administration which encouraged traveling migrants to make appointments through an app before turning themselves in at ports of entry. The ruling also established that migrants attempting to cross illegally were ineligibile for asylum. President-elect Donald Trump continues speaking about his plans for hardline border and migration policies at the U.S.-Mexico border upon his return to office on January 20. (Photo by Brandon Bell/Getty Images)

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(NewsNation) — President Trump administration officials are defending the president’s move to end asylum claims at the southern border through an executive order.

Trump officials stated their case to a panel Tuesday of the D.C. Court of Appeals judges after the American Civil Liberties Union, National Immigrant Justice Center, Center for Gender & Refugee Studies, Texas Civil Rights Project, ACLU of the District of Columbia and ACLU of Texas sought a permanent injunction preventing the administration from blocking asylum claims.

A separate appeals panel decided to lift a lower court’s order, allowing the administration to block asylum seekers while the merits of the case were argued.

During the discussion, administration officials referenced the 212(f) proclamation an order allowing the president authority to suspend entry of migrants under certain circumstances. They also claimed that due to an “invasion” at the southern border, asylum protections could be denied.

Department of Justice attorneys on behalf of the Trump administration contended Trump has the power in deciding who is admissible into the country, regardless of whether it’s an asylum claim.

The president can “take the steps necessary to make an entry bar effective, including defining consequences for violating it,” said DOJ attorney Drew Ensign.

Encounters with migrants at the southern border is at the lowest point in years.

Since taking office in January, Trumo has focused on immigration in the country with mass deportations and reducing migration to the United States through curbing access to asylum and refugee resettlement.

Immigration

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