Overview

• Judge Randolph Moss held that Proclamation 10888 conflicts with the INA’s guarantee that any person physically present in the United States may apply for asylum.
• He vacated Department of Homeland Security guidance that labeled migrants crossing outside official ports of entry as an “invasion” and barred under the proclamation.
• The injunction halts enforcement of the asylum ban for 14 days to give the administration time to file an appeal.
• Moss deferred decisions on relief for individuals already deported under the proclamation and on plaintiffs’ Administrative Procedure Act claims.
• The ruling underscores the judiciary’s role in checking executive immigration actions under Article II and the Invasion Clause.