A coalition of immigrant advocacy groups has filed a lawsuit against the Biden administration over President Joe Biden’s recent directive that effectively halts asylum claims at the southern border. The lawsuit, led by the American Civil Liberties Union (ACLU) on behalf of several organizations, challenges the legality of Biden’s move, which mirrors a similar action taken by the Trump administration that was previously blocked by the courts.
The directive issued by Biden limits asylum processing when encounters with migrants between ports of entry reach 2,500 per day. This restriction went into effect immediately due to the high number of daily encounters, which currently stands at about 4,000. The order will remain in place until daily encounter numbers drop to 1,500 per day on a seven-day average.
Advocates argue that suspending asylum for migrants who do not arrive at a designated port of entry violates existing federal immigration law. They contend that the U.S. has historically provided refuge to those seeking asylum from persecution and that the executive branch does not have the authority to categorically ban asylum based on entry points.
Biden invoked the same legal authority used by the Trump administration for its asylum ban under Section 212(f) of the Immigration and Nationality Act. The administration maintains that the directive includes exemptions for humanitarian reasons, such as victims of human trafficking, unaccompanied minors, and individuals with severe medical emergencies.
Under the new directive, migrants who do not express fear of returning to their home countries upon arrival at the border may face immediate removal from the U.S. Advocates argue that requiring migrants to manifest fear places undue pressure on individuals who may be vulnerable and in need of protection.
The lawsuit also raises concerns about the use of an app called CBP One, which migrants are encouraged to use to schedule appointments at official border crossing points. Advocates highlight challenges faced by migrants, such as limited access to cellular data, language barriers, and a shortage of available appointment slots.
The lawsuit, brought by a coalition of advocacy groups, underscores the ongoing debate over immigration policies and the treatment of asylum seekers at the U.S. southern border.
