The American Civil Liberties Union (ACLU) and several migrant rights groups have filed a lawsuit challenging President Biden’s recently announced crackdown on asylum at the U.S.-Mexico border. The 29-page lawsuit is the first legal action against Mr. Biden’s attempt to use presidential authority to disqualify most migrants from asylum and make it easier for immigration officials to deport them. The ban on asylum claims took effect a week ago and will remain until the weekly average of daily illegal border crossings falls below 1,500. The ACLU argues that these regulations violate U.S. asylum law and federal policy-making rules.
The ACLU had previously convinced federal courts to halt a Trump administration asylum restriction in 2018 that relied on the same legal authority used by President Biden. The lead ACLU attorney behind the lawsuit stated that they had no choice but to file this lawsuit because the ban will put countless people at risk and is legally identical to the Trump ban that they successfully blocked. President Biden invoked the 212(f) authority to suspend the entry of most migrants along the southern border, authorizing officials to ban migrants from asylum if they cross illegally between official ports of entry.
President Biden’s move has allowed U.S. immigration officials to deport larger numbers of migrants more quickly, as they cannot request asylum. This has made it more challenging for migrants to obtain legal protections that do not guarantee a permanent safe haven like asylum. The Biden-Harris Administration has defended its actions, stating that border encounters remain too high, and the Administration will continue to enforce immigration laws. The impact of this border measure has been more limited on migrants from countries like China, where regular deportations do not occur.
The ACLU’s lawsuit challenges the suspension of asylum between ports of entry, the requirement that migrants affirmatively express fear to be screened, and the heightened screening standards asylum officers were instructed to employ under Biden’s measure. The organization also challenged another measure that reduced the time migrants in U.S. border custody have to consult with lawyers before their asylum screenings from 24 to 4 hours. This lawsuit is not surprising, as virtually every major immigration action taken by President Biden has faced legal challenges from various groups and states.
The number of migrants crossing the southern border illegally spiked to a record 250,000 in December but has since dropped significantly. In May, Border Patrol recorded 118,000 illegal crossings, marking the third consecutive monthly drop. Lawsuits have been filed by both advocacy groups like the ACLU and Republican-led states for various immigration policies enacted by President Biden. These lawsuits have challenged the reversal of Trump-era immigration policies as well as more restrictive border policies implemented by the Biden administration.
