The Biden administration has responded to a federal judge’s ruling blocking former President Donald Trump’s executive order, which had barred Mexican citizens from seeking asylum after entering the U.S. illegally. The judge, Randolph Moss, issued a nationwide injunction, stating that Trump’s policy violated constitutional and immigration law principles by creating an unauthorized immigration system. However, Moss delayed the ruling’s effect by two weeks to allow time for appeal.

Stephen Miller, Trump’s former White House policy advisor, sharply criticized the decision, calling the judge a “Marxist” and accusing him of granting asylum protections to a global class of future migrants. Miller argued that lower court judges should not have the authority to block national policies and condemned the continued use of nationwide injunctions, especially after a recent Supreme Court ruling aimed at limiting them.

Trump’s halted executive order, “Guaranteeing the States’ Protection Against Invasion,” closed the U.S.-Mexico border to asylum seekers, citing national security and public safety concerns. The order also ended use of the CBP One app and reinstated stricter border enforcement measures like the “Remain in Mexico” policy. Immigration advocates quickly sued, claiming the ban endangered asylum seekers.

Although arrests at the southern border had already declined due to increased enforcement in Mexico and Biden-era restrictions, Trump’s policy contributed to an additional drop in crossings. Supporters of Trump argue that the asylum process is being misused by individuals exploiting delays in court processing.

Critics, however, maintain that the right to seek asylum is protected by both U.S. law and international agreements, and cannot be overridden by executive order.