A group of immigration rights advocacy organizations has taken legal action against the Biden administration, filing a federal lawsuit on Wednesday to challenge a recently implemented rule that effectively bars many asylum seekers from protection based on where and how they entered the United States. The controversial executive order, signed by President Joe Biden on June 4, has drawn sharp criticism from advocacy groups who argue that it violates the fundamental right to seek asylum, as recognized by both domestic and international law.
The plaintiffs in the case, Las Americas Immigrant Advocacy Center, Las Americas, and the Refugee and Immigrant Center for Education and Legal Services, are represented by the American Civil Liberties Union and several other civil liberties organizations, rights groups, and lawyers. The lawsuit comes amidst a divisive presidential campaign season, during which border security has emerged as a key concern for voters, as illegal border crossings along the US-Mexico border, the world's busiest migration corridor according to UN figures, have surged in recent years.
Critics of the asylum ban contend that the policy will push vulnerable individuals into greater danger and exacerbate the strain on Mexico's already overburdened asylum system. The ACLU had previously vowed to challenge the proclamation in court shortly after it was signed, and the filing of this lawsuit marks the fulfillment of that promise.
In their complaint, the plaintiffs accuse the Biden administration of violating US immigration policy and international law through the implementation of the asylum restrictions. They argue that the rule's screening procedures will systematically lead to the wrongful deportation of individuals back to the persecution or torture from which they fled, as the rules require asylum seekers to verbally "manifest" a fear of return to border agents, without being asked, in order to avoid speedy deportation. Furthermore, the suit challenges the brief timelines imposed for asylum seekers to find and consult lawyers before their credible fear interviews, asserting that these restrictions deprive migrants of their due process rights.
The plaintiffs maintain that Congress has never granted presidents the authority to bar asylum based solely on an immigrant's manner of entry, and they have asked the court to block the enforcement of the new rules pending the outcome of the case. This argument echoes the stance taken by the courts when the administration of former US President Donald Trump unsuccessfully attempted to implement a nearly identical ban.
Following the announcement of the lawsuit, ACLU Immigrants' Rights Project deputy director Lee Galernt issued a statement emphasizing the necessity of legal action, stating, "We were left with no alternative but to sue. The administration lacks unilateral authority to override Congress and bar asylum based on how one enters the country, a point the courts made crystal clear when the [administration of former US President Donald Trump] unsuccessfully tried a near-identical ban."
The lawsuit, which was filed in the US District Court for the District of Columbia, marks a significant challenge to the Biden administration's efforts to address the complex issues surrounding border security and immigration. As the case progresses, it will likely spark further debate on the balance between national security concerns and the rights of asylum seekers, while also testing the limits of presidential authority in shaping immigration policy.
