Overview

• A three-judge D.C. Circuit panel lifted its stay on Judge Randolph Moss’s July ruling and held that Proclamation 10888 overstepped presidential power under the Immigration and Nationality Act.
• The court blocked the core restriction on asylum claims outside official ports of entry while narrowing the injunction to allow certain asylum-processing rules to remain in effect.
• Judges Patricia Millett, Cornelia Pillard and Gregory G. Katsas cited a recent Supreme Court decision curbing nationwide injunctions as they tailored relief in the appeal.
• White House spokesperson Abigail Jackson and DHS spokeswoman Tricia McLaughlin denounced the decision as judicial overreach that conflicts with high-court limits on universal injunctions.
• The American Civil Liberties Union sued in February on behalf of nonprofit groups, arguing that the proclamation violated the INA’s statutory asylum procedures.