(Washington) An American federal judge suspended a Donald Trump proclamation on Wednesday on Wednesday to prohibit illegally input by the Mexican border from submitting asylum in the United States.
This ban appears in a proclamation of the American president on January 20, the first day of his mandate, claiming that the situation on the southern border of the United States “constitutes an invasion” because of the influx of candidates for entry into American territory.
But according to a federal judge of the capital Washington, “nothing in the Immigration and Nationality Act or in the Constitution gives the President or his representatives the exorbitant powers invoked in the proclamation and in the directives on his application”.
This judge was seized by 13 individuals, who say they are fleeing persecution in Afghanistan, Ecuador, Cuba, Egypt, Brazil, Turkey and Peru, as well as three NGOs for the rights of immigrants.
Six of them have already been expelled under this proclamation, said the judge.
The magistrate “recognizes that the executive power faces enormous challenges to prevent illicit entries in the United States and resolving the overwhelming volume of suffering asylum requests”.
But he considers that only the Immigration and Nationality Act governs expulsion procedures.
The judge nevertheless reports by two weeks the entry into force of his decision in order to give the Trump administration time to call it and specify that it only applies to persons who have not yet been expelled.
Donald Trump erected the fight against illegal immigration in absolute priority, evoking an “invasion” of the United States by “criminals from abroad” and communicating abundantly on the expulsions of immigrants.
But his massive expulsion program was thwarted or slowed down by multiple court decisions, in particular on the grounds that the people targeted should be able to assert their rights.