The American Civil Liberties Union and several migrant rights groups have taken legal action against President Biden’s recent crackdown on asylum at the U.S.-Mexico border, arguing that the policy change is unconstitutional. The lawsuit, filed just a week after the policy was enacted, challenges the legality of Biden’s attempt to disqualify most migrants from seeking asylum and expedite their deportation. The ACLU, along with other organizations, filed a 29-page lawsuit in federal court in Washington, D.C., arguing that the new regulations violate U.S. asylum law and federal policy-making rules.
The new policy, which went into effect a week ago, will remain in place until the average number of daily illegal border crossings falls below 1,500, a level that has not been recorded since 2020. The regulations, published by the Departments of Justice and Homeland Security, aim to make it easier for U.S. immigration officials to deport migrants who do not qualify for asylum. The ACLU has not requested an immediate block of the regulations but is asking the court to strike them down.
This is not the first time the ACLU has taken legal action against asylum restrictions. In 2018, the organization successfully halted a similar policy implemented by the Trump administration. Lee Gelernt, the lead ACLU attorney on the case, stated, “We were left with no choice but to file this lawsuit. The ban will place countless people at risk and is legally identical to the Trump ban we successfully blocked.”
President Biden invoked the authority of 212(f) in a proclamation last week to suspend the entry of most migrants along the southern border. This authority allows officials to ban migrants from seeking asylum if they cross the border illegally between official ports of entry. However, migrants who secure one of 1,450 daily appointments to enter the U.S. at ports of entry are still eligible to apply for asylum.
The new policy has significantly increased the rate at which U.S. immigration officials can deport migrants who do not qualify for asylum. Only those who explicitly express fear of returning to their home country are screened for other forms of legal protection, which are much more challenging to obtain and do not guarantee a permanent safe haven like asylum does.
While the impact of Biden’s policy has been felt more strongly by migrants from countries like Mexico, Cuba, Haiti, Nicaragua, and Venezuela, who are more likely to be deported, it has had a more limited impact on migrants from countries like China. This is because the U.S. does not regularly deport individuals to China due to diplomatic issues and logistical challenges.
The ACLU’s lawsuit specifically challenges the suspension of asylum for migrants who cross between ports of entry, citing a provision in federal law that guarantees asylum to anyone who sets foot on U.S. soil. The organization argues that this provision is being violated by Biden’s new policy, which effectively bars many migrants from seeking asylum.
Overall, the legal battle between the ACLU and the Biden administration highlights the ongoing debate over immigration policy in the United States. As the lawsuit moves forward, the outcome will have significant implications for the rights of migrants seeking asylum at the U.S.-Mexico border.
