WASHINGTON — A coalition of immigrant advocacy groups filed a lawsuit against the Biden administration on Wednesday, challenging President Joe Biden’s recent directive that effectively halts asylum claims at the southern border. This legal action, initiated by the American Civil Liberties Union (ACLU) and others on behalf of Las Americas Immigrant Advocacy Center and RAICES, argues that Biden’s order is alarmingly similar to a Trump-era policy previously blocked by the courts.
The Legal Battle Against Biden’s Asylum Restrictions
The lawsuit marks the first significant test of the legality of Biden’s stringent new border policy. The directive, which came after months of internal deliberations within the White House, aims to mitigate political criticism of Biden’s handling of immigration. “By enacting an asylum ban that is legally indistinguishable from the Trump ban we successfully blocked, we were left with no choice but to file this lawsuit,” said Lee Gelernt, an attorney for the ACLU.
Key Details of Biden’s Directive
Biden’s order, issued last week, limits asylum processing when encounters with migrants between ports of entry exceed 2,500 per day. This policy took effect immediately as the current encounter numbers hover around 4,000 daily. The restrictions will remain until the daily encounter average drops to 1,500 or below over a seven-day period, a threshold not met since July 2020 during the COVID-19 pandemic.
Advocates’ Concerns and Legal Arguments
Immigrant advocates argue that suspending asylum for migrants who do not arrive at designated ports of entry violates federal immigration law. Biden’s administration, however, maintains that their directive is lawful and different from Trump’s policy due to several humanitarian exemptions. These exemptions include provisions for victims of human trafficking, unaccompanied minors, and those with severe medical emergencies.
Biden invoked Section 212(f) of the Immigration and Nationality Act, the same legal authority used by the Trump administration, which allows the president to limit entries if deemed “detrimental” to national interest. Despite his previous criticism of Trump’s immigration policies, Biden’s administration defends its directive as a necessary measure with built-in humanitarian considerations.
Official Responses and Future Implications
Homeland Security Secretary Alejandro Mayorkas, speaking on ABC’s “This Week” before the lawsuit was filed, anticipated legal challenges but stood by the administration’s actions. “We stand by the legality of what we have done,” Mayorkas asserted, emphasizing the policy’s value proposition.
Under Biden’s directive, migrants who do not express a fear of returning to their home countries will face immediate removal from the United States. These removals could occur within days or even hours, potentially accompanied by a five-year reentry bar or criminal prosecution.
Conclusion
This legal challenge underscores the ongoing debate over U.S. immigration policy and the balance between border security and humanitarian obligations. The outcome of this lawsuit will have significant implications for future asylum procedures and the administration’s immigration strategy.
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