The first lawsuit challenging President Biden’s recent executive order on immigration was filed in federal court by the American Civil Liberties Union (ACLU) on behalf of two pro-immigration groups. The suit claims that the Biden administration implemented “illegal changes” to US immigration laws without providing advance notice, alleging that the administration lacks unilateral authority to bar asylum based on how individuals enter the country. The ACLU argues that the administration harmed immigrant advocacy groups by implementing an Interim Final Rule without allowing for notice and an opportunity to comment, in violation of federal law. However, the lawsuit does not seek an emergency injunction to stop Biden’s order.
President Biden’s executive order, issued last week, prevents individuals from applying for asylum when encounters with migrants between ports of entry reach an average of 2,500 per day over a week. The restrictions can be lifted after two weeks if crossings average 1,500 per day for seven consecutive days. The proclamation took effect immediately as migrant encounters were around 4,000 per day when it was signed. Critics of the order claim that it effectively shuts the door on countless individuals fleeing violence and persecution, with anti-asylum policies being characterized as cruel, ineffective, and unlawfully undermining the fundamental right to seek asylum in the United States.
The lawsuit filed by the ACLU comes in response to the Biden administration’s actions that have faced pressure from Democratic lawmakers to reconsider the new rules. A group of more than a dozen House Democrats urged the administration to reconsider the inclusion of mandatory bars to asylum during initial asylum screening interviews, arguing that it would force asylum seekers to present complex arguments shortly after enduring a traumatic journey and while being held in immigration detention. Critics point out that while Biden’s order is seen as a crackdown, exemptions could still allow 1.8 million asylum seekers into the country if fully enforced.
Critics of the Biden administration’s asylum restrictions claim that they undermine Congress’s intent for swift expedited removal processes and raise substantial due process concerns. The letter from House Democrats to Homeland Security Secretary Alejandro Mayorkas and United States Citizenship and Immigration Services Director Ur Jaddou noted that the inclusion of mandatory bars in credible fear screenings would make the process less efficient and undermine procedural fairness. The lawmakers argue that the administration’s actions contradict its stance from two years ago when it concluded that such inclusions would raise due process concerns and slow down the process.
The lawsuit filed by the ACLU is part of efforts to challenge the Biden administration’s asylum restrictions and to push for a reconsideration of the new rules. The complaint alleges that the implementation of the Interim Final Rule without notice and an opportunity to comment violated federal law. The ACLU contends that the administration’s actions are harmful to immigrant advocacy groups and undermine the ability of individuals fleeing violence and persecution to seek asylum in the United States. Despite the legal challenges and pressure from lawmakers, it remains to be seen how the Biden administration will respond to the criticisms and push for changes to its immigration policies.
