A prominent U.S. civil rights organization accused the President on Monday of breaching U.S. laws and international treaties through his comprehensive ban on asylum at the U.S.-Mexico border. The lawsuit, filed by the American Civil Liberties Union (ACLU), challenges a ban introduced by President Trump after assuming office on Jan. 20, which bars all migrants involved in the "invasion across the southern border" from seeking asylum or other humanitarian protections.
President Trump, a Republican, has implemented measures to deter illegal immigration and deport undocumented migrants in the U.S. These actions involve deploying additional U.S. military personnel to the border and utilizing other federal agencies to support immigration enforcement.
Unlike former President Joe Biden's efforts in June to discourage illegal border crossings, Trump's asylum ban at the border takes a stricter approach. Biden's restrictions were accompanied by a legal entry program that allowed 1,450 migrants daily to schedule appointments at legal border crossings to request asylum, a program initiated shortly after he took office. Biden's restrictions, which are still effective, are facing a separate legal challenge from the ACLU.
Lee Gelernt, an ACLU attorney who has handled various asylum-related cases, stated, This is an unprecedented power grab that will put countless lives in danger." He emphasized, "No president has the authority to unilaterally override the protections Congress has provided for those fleeing danger.
The lawsuit filed by the ACLU on behalf of three immigrant advocacy groups in Texas and Arizona argues that Trump's proclamation contradicts U.S. asylum laws. The groups highlighted that the proclamation endangers asylum seekers, including families, by returning them to countries where they might face persecution or torture without the opportunity to seek protection as outlined by Congress. They noted the absence of exceptions for unaccompanied children.
During his presidency from 2017 to 2021, the ACLU successfully blocked several of Trump's asylum-restricting policies. Trump's recent asylum ban relies on statute 212(f) to prevent all migrants at the southern border from claiming asylum, the same legal authority he used for his travel bans targeting Muslim-majority countries and other regions.