The American Civil Liberties Union (ACLU) has taken legal action against the Biden administration over a recent executive action that significantly limits asylum for migrants crossing the US southern border illegally. This executive action, a bold move by President Joe Biden, restricts migrants from seeking asylum when a daily threshold is met, with only a few exceptions.
Following the announcement of this measure, the ACLU promptly warned of a lawsuit. Subsequently, the ACLU filed the lawsuit in Washington, DC, arguing that the new rules violate US immigration law and the Administrative Procedure Act, which outlines the necessary steps for implementing policies.
The lawsuit challenges the restrictions on asylum for illegal border crossers, citing US law that allows migrants to apply for asylum regardless of their entry point. It also questions the requirement for migrants to claim fear proactively, the heightened screening standard, and the reduced time for attorney consultation.
The plaintiffs in this case are two Texas-based organizations, Las Americas and RAICES, which work closely with immigrants. ACLU attorney Lee Gelernt, who is leading the lawsuit, emphasized that the asylum ban is legally questionable and could endanger lives.
Homeland Security Secretary Alejandro Mayorkas, anticipating legal challenges, defended the administration's actions, asserting the legality of the executive order. Notably, similar rules implemented under the Trump administration were blocked by the courts, highlighting the limitations on presidential authority in immigration matters.
In a previous case, the courts ruled against Trump's attempt to restrict asylum using the same authority invoked by Biden. The case, known as East Bay Sanctuary Covenant v. Trump, underscored the constraints on the president's power to unilaterally alter asylum laws.
As the legal battle unfolds, the ACLU's lawsuit raises critical questions about the balance between executive authority and immigration law, with implications for the treatment of asylum seekers at the US-Mexico border.
