It's Complicated
Border and Immigration Update
Hi friends,
Because this is a complicated topic, it’s kind of long. The first part is below, but some email providers would truncate it if I put the whole thing here, so I’ve included a PDF of the full document.
If you’re confused, or you’ve been wondering ‘what if’, ‘how come’, or ‘what’s next’, this will help.
It’s Complicated
A look at Trump’s border and immigration goals, where we are, who’s fighting the President’s goals and what their legal tools are, the legal tools of the Trump administration, the clash that’s unfolding in courtrooms across America, and the path to Constitutional immigration wins.
1. What’s Trump Trying to Do?
Plain and simple: President Trump wants to get illegal immigrants out of the United States, fast.
Especially those with any additional criminal history or gang ties. And even more urgently, it’s important to stop them from entering in the first place.
That’s it. That’s the mission. But achieving it? That’s where things get complicated.
Trump is not just trying to clean up after the last four years — he’s trying to reset the entire system, using a mix of executive authority, existing immigration law, and smarter legal strategy than we’ve seen before.
Trump knows that the border system is overwhelmed, the courts are backlogged, and loopholes are everywhere. He’s using his businessman’s experience: layered strategy, better lawyers, and cases designed to reach the Supreme Court.
2. What’s Working in His Favor Right Now?
As of July 2025, Trump actually has quite a few things going his way:
Remain in Mexico is back
Formally called the Migrant Protection Protocols (MPP), this policy requires many non-Mexican asylum seekers to wait in Mexico until their hearings are held. That means:
Fewer people inside the U.S. waiting years for court dates.
Lower risk of “catch and release” or disappearance into the interior.
Less burden on overwhelmed immigration courts.
This policy was upheld by the Supreme Court in Biden v. Texas (2022), which ruled that while presidents can end it, they don’t have to — and it’s legal to use.
Trump revived it in early 2025, with updated rules and Mexico’s agreement.
Legal momentum — despite some setbacks
Yes, a federal judge just ruled against one part of Trump’s asylum policy (see Judge Randolph Moss’s July 2, 2025 ruling), but the case is on appeal and enforcement is paused until July 16. If higher courts — especially SCOTUS — side with Trump, it sets major precedent.
Even better, SCOTUS’s recent decisions (like Department of Homeland Security v. Thuraissigiam, 2020) limit the due process rights of asylum seekers, making it more efficient, providing for fast, legal action.
Strong legal team and better preparation
This isn’t 2017. Trump’s legal team is now loaded with:
Veterans of the first Trump term
Lawyers from outside organizations with specialized knowledge
Former DOJ attorneys who specialize in national security and immigration
Advisors familiar with the Chevron reversal, which now allows judges to make legal and Constitutional interpretations — something Trump can use to his advantage, for example, when he wants to change how terms like “credible fear” or “persecution” are defined.
Time is on his side
Asylum cases now take 5 to 10 years to resolve. That gives Trump time to:
Revise and improve procedures
Remove people while cases are pending
Delay or have new intended entrants ‘remain in Mexico’ long enough for a Supreme Court ruling
In short, it can’t and won’t be fixed overnight. Trump has time to control the flood, use the legal tools, and improve/clarify rules as the system does its work.
What Are the Biggest Challenges?
As we’re seeing, this is a major battle. Trump is up against:
Immigration law written by Congress
Specifically, the Immigration and Nationality Act (INA), which includes:
8 U.S.C. § 1158 – says anyone physically present in the U.S. has the right to apply for asylum, regardless of how they entered
8 U.S.C. § 1225(b) – governs credible fear interviews and expedited removal
8 U.S.C. § 1182(f) – the famous “entry restriction” clause Trump used in Trump v. Hawaii (2018)
He has some power under these laws, but that power is, rightfully, limited by the checks and balances we’re all familiar with. That’s where the contest lies. Both sides must present their best legal case, and the judges, possibly Supreme Court justices, will do their work and come up with a ruling. And, if you’ve been paying any attention, you know it will likely be narrow, not broad. Their job is to address only the questions before them, no more.
Activist legal groups and class-action tactics
Groups like the ACLU, the National Immigration Law Center, and dozens more are:
Filing lawsuits within hours of each new policy
Using class-action certification to make one ruling apply nationwide (e.g., Judge Randolph Moss’s July 2, 2025 ruling)
Even though the Supreme Court ruled in Trump v. CASA, Inc. (June 27, 2025) that nationwide injunctions should be limited, lawyers are getting creative with class actions to achieve the same effect. Remember, the lawyer’s job is to use every legal tool – no matter who his client is.
Friendly judges in key districts
Some courts — especially in Washington D.C., Northern California, and parts of New York — tend to side with immigration activists. These judges:
Block Trump’s rules with injunctions
Rely on broad readings of due process or international law
Force the administration into long appeals
Example: Judge Randolph Moss in D.C., who ruled Trump’s January 2025 border “invasion” proclamation went too far — even though it hadn’t yet taken full effect.
Treaty obligations and international law
Even if Trump wanted to deport everyone immediately, he’s bound by:
U.S. laws banning non-refoulement (sending someone back to a place where they’ll be tortured or killed)
That’s why his lawyers are focused on keeping people outside the U.S. while their cases play out — Remain in Mexico helps solve that problem.
Media pressure and political spin
Major outlets portray Trump’s actions as:
“Banning asylum”
“Punishing refugees”
“Violating international law”
This can influence public opinion, and it gives activist judges more cover to block Trump’s actions.
Now, let’s walk through the actual legal tools Trump is using, how they’ve been used before, and where courts have ruled on them. We’ll cover the entry ban authority, terrorist designations, Remain in Mexico, and expedited removal.
What Legal Tools Does Trump Actually Have?
Of course Trump can’t wave a magic wand. But he does have serious authority under existing immigration law, executive power, and prior court rulings (precedent). These are true powers — they’re on the books and already used before.
Continues in the PDF below.
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The battle for our God-given freedoms is always just starting.
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Stay calm - President Trump is a businessman who operates strategically, and not everything will make sense at first. His plan to shrink government and Make America Great Again is a process, not an overnight fix. Trust the long game, not just the headlines.
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Until next time…
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@Timothywiney
My, but aren’t you the original mind of the decade: a Trump Contrarian. The voters that disturb you so much, who wanted real system change seem to realize what you fail to recognize. Trump is a pragmatic business entity that plays position like a pro billiard master. We’ve never had that in my lifetime: He plays the long game with unique perspectives in leverage and unorthodox procedures to get results after several Dem administrations’ leadership failures. You mentioned the Fauci debacle, a President’s only as good as his selected team, and his deep state ‘advisors’ helped to load him up with an ‘overthrow Trump’ group of subversives. (You’ll see as the documents are being unclassified, as I write). This can be described as “we didn’t know what we didn’t know”. Fauci was a holdover from the past 4 administrations. This man did not have a medical practice, he did not work in a lab - he was a deal maker go-between with the U. S. Government and the research labs that created the insidiously dangerous vaccines that the corrupt, medical Lords unleashed on the public. (He pocketed $9 Million for his participation) Again, as you look back on 5 years of suffering, ‘we didn’t know what we didn’t know’. I wish I had more time and cyber ink to continue, but as for your TDS condition: I’d have that looked at.
It's not complicated at all. https://timothywiney.substack.com/p/my-apology-to-the-trump-faithful