Judge blocks Trump's asylum ban at southern border, says he exceeded authority
U.S. District Judge Randolph Moss said in a 128-page opinion that Trump's January 20 proclamation blocking all migrants 'engaged in the invasion across the southern border' from claiming asylum or other humanitarian protections went beyond his executive power.
The ruling is a setback for Trump, a Republican who recaptured the White House promising a vast immigration crackdown. Since Trump took office, the number of migrants caught crossing illegally has plummeted to record lows.
The American Civil Liberties Union brought the challenge to Trump's asylum ban in February, arguing it violated U.S. laws and international treaties.
Trump's border restrictions went beyond a similar ban put in place by former President Joe Biden, a Democrat, in 2024. Key parts of the Biden ban were blocked by a separate federal judge in May in a lawsuit also led by the ACLU.
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The Independent
12 minutes ago
- The Independent
Judge blocks Trump's asylum ban at southern border saying he exceeded authority
A federal judge has blocked President Donald Trump's order suspending asylum access at the U.S.-Mexico border. In a day-one executive order, Trump declared the situation at the southern border constitutes what he called an invasion of America. The president said he was 'suspending the physical entry' of migrants and their ability to seek asylum until he decides it is over. Federal District Judge Randolph Moss has now blocked that order, writing, 'the President cannot adopt an alternative immigration system, which supplants the statutes that Congress has enacted.' Moss added that neither the Constitution nor immigration law gives the president 'an extra-statutory, extra-regulatory regime for repatriating or removing individuals from the United States, without an opportunity to apply for asylum' or other humanitarian protections. The order will take effect July 16, giving the Trump administration two weeks to appeal. American Civil Liberties Union attorney Lee Gelernt, who argued the merits of the case, called Moss's ruling a 'hugely important decision.' 'Not only will it save the lives of families fleeing grave danger, it reaffirms that the president cannot ignore the laws Congress has passed and the most basic premise of our country's separation of powers,' Gelernt said in a statement. The Homeland Security Department did not immediately respond to a request but an appeal is likely. The president and his aides have repeatedly attacked court rulings that undermine his policies as judicial overreach. The ruling comes after illegal border crossings have plummeted. The White House said Wednesday that Border Patrol made 6,070 arrests in June, down 30 percent from May. On June 28, the Border Patrol made only 137 arrests, a sharp contrast to late 2023, when arrests topped 10,000 on the busiest days. Arrests dropped sharply when Mexican officials increased enforcement within its own borders in December 2023 and again when then-President Joe Biden introduced severe asylum restrictions in June 2024. They plunged more after Trump became president in January, deploying thousands of troops to the border under declaration of a national emergency. Trump and his allies say the asylum system has been abused. They argue that it draws people who know it will take years to adjudicate their claims in the country's backlogged immigration courts during which they can work and live in America. But supporters argue the right to seek asylum is guaranteed in federal law and international commitments — even for those who cross the border illegally. They say asylum is a vital protection for people fleeing persecution — a protection guaranteed by Congress that even the president doesn't have the authority to ignore. People seeking asylum must demonstrate a fear of persecution on a fairly narrow grounds of race, religion, nationality, or by belonging to a particular social or political group. In the executive order, Trump argued the Immigration and Nationality Act gives presidents the authority to suspend entry of any group that they find 'detrimental to the interests of the United States.' Groups which work with immigrants — the Arizona-based Florence Project, the El Paso, Texas-based Las Americas Immigrant Advocacy Center and the Texas-based RAICES — filed the lawsuit against the government, arguing the president was wrong to equate migrants coming to the southern border with an invasion. They also argued Trump's proclamation amounted to the president unilaterally overriding '... the immigration laws Congress enacted for the protection of people who face persecution or torture if removed from the United States.' But the government argued that because both foreign policy and immigration enforcement fall under the executive branch of government, it was entirely under the president's authority to declare an invasion. 'The determination that the United States is facing an invasion is an unreviewable political question,' the government wrote in one argument.
The Herald Scotland
14 minutes ago
- The Herald Scotland
Scotch whisky sector and Women's Scottish Open in focus
He also looks at emerging markets for Scotch whisky, including Vietnam. Scott notes the Trump tariffs are 'presenting a huge challenge for the Scotch whisky industry at arguably the worst possible time'. Kristy Dorsey catches up with what is going on at Dundonald Links in Ayrshire as it gears up to host the Women's Scottish Open, with world number one Nelly Korda scheduled to play. Read more Craig Reekie, general manager of Dundonald Links, tells Kristy: 'It's a world-class field we've got this year, and we're excited to be doing it in the middle of Ayrshire, which has obviously got a rich golfing history.' I interview Graeme Malcolm, co-founder and chief executive of M Squared Lasers, who recalls: 'My journey began with a fascination for lasers, inspired by a great physics teacher and a summer job at Barr & Stroud.' He declares: 'I'm proud that we've developed some of the world's purest light sources, powering breakthroughs in science and industry.' And he talks about how the lasers of M Squared support European Space Agency missions and 'are used in healthcare imaging for early diagnosis of conditions like Parkinson's and dementia'. Read more Mark Williamson speaks to Offshore Energies UK chief executive David Whitehouse about the outlook for investment in the North Sea. João Sousa, deputy director of the University of Strathclyde's Fraser of Allander Institute, considers the following question: 'One year on, how different has economic and fiscal policy been under Labour?' Stephen Boyd, director of IPPR Scotland, writes: 'Economic development is a tortuously difficult endeavour, wrought with difficult decisions, trade-offs and sheer bad luck.' And he gives his view on how the Scottish Government is faring on these fronts. In her regular column, fashion entrepreneur Antoinette Fionda-Douglas writes: 'In Scotland, being an entrepreneur already takes grit. Being a female entrepreneur? That takes something more, something closer to defiance.' Gareth Cole talks to Sarah Campbell about putting Café Canna up for sale and his plans to take over a new space on Coll. Also on an island theme, Colin Cardwell profiles Bute Boatbuilders following the successful delivery of the ferry Arranmore Blu to its a new home in Donegal, proving in the process that bespoke ship building on the Clyde is alive and well. The Herald's business writers share their expert perspectives on a range of business and economic developments as they reflect on what they have been writing about during the past month. Scott Wright contemplates who has had a good month, and who has not. Tech entrepreneur Ian Ritchie, and business and life coach Ed Haddon offer their insights in their regular columns. I hope you enjoy this month's edition.
The Herald Scotland
29 minutes ago
- The Herald Scotland
Scotch whisky industry sailing through choppy waters
The Trump tariffs landed as distillers were dealing with an almighty hangover from a post-Covid boom. Demand for premium Scotch whisky cooled as economic conditions deteriorated in key markets such as China, the US and Latin America, leaving importers with surpluses of stock to work through. Geopolitical turbulence, with Russia continuing its assault on Ukraine, attacks on shipping in the Mediterranean, and conflict between Israel and Hamas in Gaza, has done nothing for consumers' thirst for the water of life either. The impact of these challenges has been writ large in recent results from major industry players. In June, Bruichladdich owner Remy Cointreau cited the volatile global economic and geopolitical backdrop as it scrapped a key long-term target, highlighting the effects of tariffs both in US and anti-dumping duties in China, a major market for the company's Cognac exports. That came shortly after Johnnie Walker Diageo warned in May that US tariffs may hit its profits by $150 million a year. Pernod Ricard, owner of Dumbarton-based Chivas Brothers, cited the fall-out from US tariffs in April as sales fell short of forecasts in the third quarter. Given this background, it was no surprise that Scotch Whisky Association (SWA) was blunt in its assessment when asked to comment on the trading outlook by The Herald Business HQ Monthly, with the industry body also highlighting the impact on distillers from the high cost of production. Read more: 'What we're seeing right now is a once-in-a-generation set of challenges facing the Scotch whisky industry,' a spokesperson for the SWA said. 'Businesses of all sizes, but particularly SMEs (small and medium-sized enterprises), are operating under considerable strain as input costs have risen, from increased raw material and energy prices to the rise in employment costs. Consumer spending is also being impacted, the impact of which is being felt across the supply chain and hospitality sector. 'On the international stage, the key markets relied upon by smaller and medium sized companies to establish their business – the UK, the EU, and the US – are all facing their own unique obstacles which have put up barriers to trade and access. The US is our most valuable market, and is vital for many companies as they establish their export portfolio. 'It's important that talks continue between governments on both sides to reduce the current 10% the tariff burden for Scotch in the US. In the EU, we are monitoring developments on the new UK-EU deal to understand how the Scotch whisky industry can benefit.' With the impact of tariffs imposed during the first Trump president still fresh in their minds – the 25% tariff on single malt is believed to have hit exports by £650 million - Scotch whisky distillers are reporting disruption in the US market. Some distillers are changing their approach to the US, which remains the sector's biggest market by value. The value of Scotch shipped to the US was measured at £971 million in 2024. (Image: GlenAllachie) Billy Walker of GlenAllachie is upbeat about the industry's prospects in Vietnam 'The immediate term impact has been confusion and uncertainty over the tariffs leading to our distributors being very cautious,' said Ian Palmer, founder and chairman of InchDairnie Distillery in Fife. 'In the long term, there will be price increases for the US consumer leading to a loss of volume and that will be more evident at the 'value' end of the market. 'The more premium end will be better placed to ride out the storm. Our brands, our Scottish rye whisky, RyeLaw, and our recently launched peated malt, KinGlassie, are both at the premium end. At present we are managing both our costs and our price point, as well as preparing to be flexible. 'Historically, the US has always been seen as solid and safe market. This has gone now, so we are looking to manage the risk by ensuring we have a good geographic spread for our brands.' The uncertainty which has arisen from the Trump tariffs was also highlighted Martin Murray, co-owner and founder of Thurso-based Dunnet Bay Distillers. 'It's a real challenge for us,' he said: 'We'd set out a plan for 2025 with market visits and investment, but that has been significantly impacted by the US tariffs. It feels like we're living week to week and that's not good for anyone in the supply chain. The possibility of [tariffs] rising to 25% would have a big impact on sales and investment in this market. As a result, we've changed our strategy to be investing in sales in Asia. Our sales in China are going well in a market that still has challenges post-Covid.' Commenting more generally on the outlook, Mr Murray added: 'Currently, it certainly feels very turbulent, but there is an underlying resilient demand. We're braced for a challenging period, whilst things come back into balance. At the moment it feels like it's perfect storm of economic headwinds, trade policy uncertainty and changing behaviours. 'The biggest threats are tariffs in the US, and the impact on increasing costs in hospitality in the UK. For us we see the opportunities as being the continued trend of premiumisation and emerging markets.' Scotch whisky veteran Billy Walker, owner of the GlenAllachie Distillery in Speyside, said he is working in partnership with its US importers to spread the cost of tariffs on both parties. Read more: Mr Walker, who before acquiring GlenAllachie had built up and sold the BenRiach Distillery Company and previously worked for Ballantine's, Inver House, and Burn Stewart, said: 'We're trying to mitigate [the tariff] by taking 50% of it on us. So from an importer's point of view, they are going to be confronted with a 5% [cost increase]. 'But on a general position, these tariffs are going to be more damaging than the previous ones, because the previous ones were only on single malt. These are on all Scotch whisky.' Asked if there was any hope of the US tariffs on UK goods being reduced, Mr Walker said the SWA, which represents the industry in government matters, was doing a 'terrific job with the appropriate political people in the UK to find a way to mitigate them, or to get them reduced or removed'. But he said: 'I don't think they are going to get them wholly removed… it would be really welcome if they disappeared completely, but I don't think that is likely in the short-term.' Despite the challenges on the immediate horizon across the Atlantic, distillers emphasised the importance of the US market to the industry's prospects in the long run. Richard Urquhart, sales director at Elgin-based Gordon & MacPhail, owner of the Benromach and The Cairn distilleries in the north of Scotland, said the importance of the US to the company and the wider industry 'hasn't changed despite the imposition of tariffs'. Mr Urquhart said: 'While these tariffs have undoubtedly introduced added complexity and cost pressures, we remain committed to the market and to our American consumers and we will continue to work closely with our in-market partners to minimise impact. 'In terms of strategy, we will continue to navigate the changing environment. It's not about pulling back, it's about adapting. We remain focused on delivering exceptional whisky experiences, regardless of the trading climate.' For some distillers, it is a case of as you were. William Dobbie, managing director of R&B Distillers, owner of Isle of Raasay Distillery, said that US tariffs 'present a bit of short-term but are manageable together with our import partners'. He told The Herald Business HQ Monthly: 'The tariff on UK goods is not as punitive as some other regions in the world, which is manageable for now. The US tariffs are not changing our strategy at all. In fact, we are investing in the US market and plan to have some boots on the ground there over the next 12 to 24 months. 'Our independent, private ownership means we can take a very long-term point of view and allow us to make decisions that will put the business in a strong place long after the challenging short-term market conditions we are experiencing. If we changed our business plans at every whim of the current US administration we would be changing them every week, which is not something we have a desire or need to do.' Read more: Away from the US, distillers' hopes of building sales in the burgeoning spirits market of India received a major boost recently. The UK-India trade deal, which followed years of negotiations between the two countries, halved tariffs on imports of whisky and gin to India from 150% to 75%. The tariffs will then be reduced to 40% by the 10th year of the agreement. 'The UK-India trade deal is genuinely transformational for the Scotch whisky industry,' said Mr Murray at Dunnet Bay Distillers. 'Reducing tariffs from 150% to 75% immediately, and to 40% by year ten, opens unprecedented opportunities in what's already the world's largest whisky market by volume. 'Industry experts estimate this could increase Scotch exports to India by £1 billion annually, while generating £3.4bn in additional tax revenue for the Indian government through increased sales. For new distilleries like Castletown Mill, this is particularly significant because the deal enables smaller and independent producers to access the Indian market for the first time. 'India's growing middle class of over 300 million people represents a massive opportunity for premium spirits with authentic heritage stories. We've just got to be patient as we start our distillation of whisky this year.' Other markets are emerging strongly for the industry. Mr Walker highlighted the potential of a range of markets in Asia for Scotch whisky, including South Korea, Taiwan, Singapore and Malaysia, and singled out Vietnam as one to watch. Describing Vietnamese people as 'hard-working, energetic, and entrepreneurial', Mr Walker said: 'There's money to be spent there. I can see Vietnam becoming a huge holiday area in the next few years because it has such a wonderful coastline with remarkably decent infrastructure. 'And they are knowledgeable, they are not novices when it comes to Scotch whisky.' Mr Palmer also highlighted the potential of Asia for the industry. He acknowledged Asia and South America are 'not immune' to the current economic and trade uncertainty, but forecast that 'Asian markets will probably come out of the mist sooner than other markets'. Mr Murray added: 'We're finding challenges in most markets at present. The recovery post pandemic has not materialised and we're still seeing consumer spending habits changing. There are signs of a recovery with orders coming in regularly from China.' While there has been a steady flow of new distillery openings in Scotland over the last couple of decades, the current conditions may lead potential developers to think twice about investing in new facilities for Scotch whisky production in the current climate. Mr Palmer believes there is currently 'plenty' of distilling capacity, 'so any new distillery will have to have a long-term funding plan in place and develop a product that brings something new to the marketplace'. He added: 'I don't think more of the same will work in the current economic environment.' Mr Murray was slightly more optimistic on this front, noting: 'I believe there is still scope for new distilleries to open. I believe the traditional route to market is going to be less important as direct digital marketing and sales give new distilleries access to a significant audience willing to pay for premium products. 'Emerging markets have the place to play in supporting new distilleries' sales in the long term.'
