Immigrants’ rights advocates sue Biden administration over US asylum ban News
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Immigrants’ rights advocates sue Biden administration over US asylum ban

A coalition of advocacy groups filed a federal lawsuit on Wednesday challenging a new Biden administration rule that effectively bans many asylum seekers from protection based on where and how they entered the US.

On June 4, President Joe Biden signed an executive order barring asylum claims from most migrants who cross the US-Mexico border illegally. The order comes during a divisive presidential campaign season, throughout which border security has loomed as a key concern for voters. Illegal border crossings have surged in recent years along the US-Mexico border—the world’s busiest migration corridor according to UN figures.

Advocacy groups have attacked the president’s move, arguing that the asylum ban violates the fundamental right to seek asylum, as recognized by domestic and international law. Critics say the policy will push vulnerable people into greater danger and will exacerbate the strain on Mexico’s asylum system. Shortly after the proclamation was signed, the American Civil Liberties Union (ACLU) vowed to challenge it in court.

The plaintiffs in the case are two immigration rights advocacy groups—Las Americas Immigrant Advocacy Center (Las Americas) and the Refugee and Immigrant Center for Education and Legal Services (RAICES). The case was brought on their behalf by the ACLU and several other civil liberties organizations, rights groups, and lawyers.

In the case, the plaintiffs accuse the Biden administration of violating US immigration policy and international law with the asylum restrictions. The groups also argue the rule’s screening procedures will systematically lead to people being wrongly deported 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, to avoid speedy deportation. The suit also challenges the brief timelines imposed for asylum seekers to find and consult lawyers before their credible fear interviews, which the groups say deprives migrants of their due process rights.

Arguing that Congress has never permitted presidents to bar asylum based solely on an immigrant’s manner of entry, the plaintiffs asked the court to block enforcement of the new rules pending the outcome of the case.

Following the announcement of the suit, ACLU Immigrants’ Rights Project deputy director Lee Galernt said in a statement:

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 was filed in the US District Court for the District of Columbia.