A coalition of immigrant rights groups filed a lawsuit against the Biden administration on Tuesday, challenging recent executive actions that significantly restrict asylum for migrants crossing the border illegally.
President Biden’s actions, signed on June 4, make most migrants who cross illegally ineligible for asylum. The new rules also expedite deportations for those who do not meet stricter legal standards for credible fear of persecution.
“We had no choice but to sue,” stated Lee Gelernt, deputy director of the ACLU’s Immigrant Rights Project. “The administration does not have the unilateral authority to override Congress and bar asylum based on how someone enters the country.”
The lawsuit, filed in U.S. District Court in Washington D.C., contends that Biden’s asylum ban violates existing law, specifically Section 208 of the U.S. Immigration and Nationality Act. This law allows anyone in the U.S. to apply for asylum regardless of their entry method.
Melissa Crow, director of litigation at the Center for Gender and Refugee Studies, argued that Biden’s actions are “flatly contrary to the law.” She emphasized that current asylum laws acknowledge the dangerous circumstances legitimate asylum seekers face, which is why humanitarian protection is available to those without proper documentation.
“People seek asylum not because they want to, but because they have to,” Crow said. “They are fleeing fear, past harm, and severe threats to their lives and their families’ lives.”
The lawsuit is also supported by the National Immigration Justice Center and the Texas Civil Rights Project. The groups are urging the federal court to overturn Biden’s new asylum rules promptly.
Advocates argue that restricting asylum access puts vulnerable migrants at greater risk of violence in their home countries or in dangerous Mexican border towns.
In announcing the actions, Biden stated they were necessary after Republicans blocked a bipartisan immigration bill earlier this year.
“This action will help us control our border and restore order to the process,” Biden said.
Republicans, however, criticized Biden’s rules as insufficient and attacked him for reversing Trump-era immigration restrictions.
The rules aim to encourage migrants to use legal pathways to request asylum, such as the CBP One mobile app for scheduling entry appointments to the U.S. Critics note that the app schedules only 1,450 appointments daily, creating high demand and wait times of up to eight or nine months for some migrants.
“By limiting asylum claims, migrants must compete for limited daily appointments through the CBP One App, which is plagued by glitches and hinders seeking asylum,” stated Tami Goodlette, director of the Beyond Borders Program at the Texas Civil Rights Project.