Biden Confronts Initial Legal Challenge for Asylum Policies at the Border
A coalition of immigrant advocacy groups has filed a lawsuit against the Biden administration over President Joe Biden’s recent directive that effectively halts asylum claims at the southern border. They argue that this directive is similar to a move made during the Trump administration that was previously blocked by the courts.
The lawsuit, brought by the American Civil Liberties Union and others on behalf of Las Americas Immigrant Advocacy Center and RAICES, is challenging the legality of Biden’s crackdown on the border. This policy shift came after extensive internal White House discussions and aims to address criticisms of the president’s immigration policies.
“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.
Biden’s directive, which went into effect immediately, would limit asylum processing when encounters with migrants between ports of entry reach 2,500 per day. The restrictions would remain in place until the daily encounter numbers drop below 1,500 per day for a sustained period. However, it is uncertain when these numbers will decrease significantly.
The order, implemented on June 5, is expected to lead to record levels of deportations according to Biden administration officials.
Advocates argue that the suspension of asylum for migrants who do not arrive at designated ports of entry contradicts existing federal immigration law. They also raise other concerns about the directive.
Biden invoked the same legal authority used by the Trump administration for its asylum ban, citing Section 212(f) of the Immigration and Nationality Act as justification for the policy.
While Biden has criticized Trump’s immigration policies, his administration maintains that the directive is different as it includes exemptions for humanitarian reasons. For instance, victims of human trafficking, unaccompanied minors, and individuals with severe medical emergencies are not subject to the limits.
Homeland Security Secretary Alejandro Mayorkas defended the directive on ABC’s “This Week,” stating that legal challenges were anticipated but affirming the administration’s confidence in the policy’s legality.
Under the new directive, migrants who do not express fear of returning to their home countries upon arrival at the border face immediate removal from the U.S. Those who do express fear or intend to seek asylum will undergo a screening process, albeit at a higher standard than previously used.
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