Immigrant Advocacy Organizations File Lawsuit Against Trump Administration Over Border Asylum Restrictions

February 4, 2025 TruthUSA

The legal action contends that Trump’s presidential proclamation infringes upon laws that ensure the right to seek asylum upon arrival on U.S. territory.

A coalition of immigration advocacy organizations has initiated a lawsuit against the Trump administration regarding a presidential proclamation that momentarily halts the entry of unverified migrants across the U.S. southern border until the president decides that “the ongoing invasion” has ended.

This entry prohibition has curtailed asylum seekers’ ability to reach American soil while awaiting the processing of their refuge applications.

The lawsuit was submitted to federal court in Washington, D.C., on February 3 by the American Civil Liberties Union (ACLU) representing three immigrant advocacy groups located in Arizona and Texas. It challenges the emergency proclamation enacted on January 20 by President Donald Trump that prevents potential refugees from physically claiming asylum or other forms of protection in the United States until the federal government regains “operational control of the border.”

Trump’s proclamation states: “The entry into the United States on or after the date of this order of aliens involved in the invasion across the southern border is harmful to the interests of the United States. I therefore command that the entry of such aliens into the United States be suspended until I determine that the invasion at the southern border has ended.”

The proclamation further asserted that the president possesses the inherent authority to “swiftly return [aliens] to a different location.”

Legal foundations cited in the proclamation include Article II and Article IV, Section 4, of the U.S. Constitution, the Immigration and Nationality Act (INA), and section 301 of Title 3, United States Code.

The ACLU and other plaintiffs argue in their lawsuit that Trump’s proclamation contravenes longstanding laws and international agreements that typically allow anyone stepping on U.S. soil to apply for asylum.

Specifically, they assert that Trump’s directive breaches the INA, which guarantees the right to seek asylum for those who reach U.S. territory. They further contend that the presidential proclamation illegally circumvents Congress’s authority and ignores protections established under U.S. and international law, such as the Refugee Act of 1980 and the Convention Against Torture.

“The Proclamation is as illegal as it is unprecedented,” the complaint claims. “If the Proclamation can legally revoke the statutory protections at stake here, then any future President may arbitrarily eliminate the protections that Congress has established in the INA. Our principles of separation of powers are fundamentally opposed to such a notion.”

Moreover, the lawsuit argues that the proclamation exceeds the president’s powers under INA section 212(f), which permits the president to suspend entry but does not authorize the expulsion of individuals already in the country or the denial of their right to seek humanitarian protection. This is the same legal power Trump previously used to implement travel bans targeting predominantly Muslim countries. Often called the “Muslim ban,” this policy faced court challenges and was ultimately upheld by the U.S. Supreme Court.

The White House has defended the proclamation and Trump’s border security measures.

“President Trump received a clear mandate to stop the neglect and misuse of our immigration laws and strengthen our borders. The Trump administration will persist in prioritizing Americans and the interests of the United States,” White House spokesperson Kush Desai stated.

Asylum, which was formally enacted in the United States with the Refugee Act of 1980, serves as humanitarian protection for individuals fleeing persecution due to race, religion, nationality, or political views.

The Trump administration contends that the asylum system is being misused by illegal migrants and human traffickers at the southern border as a loophole for unlawful entry.

Tom Homan, serving as Trump’s border chief, has alleged that the system is overwhelmed by fraudulent asylum claims, permitting illegal migrants to remain and work in the United States for years without facing deportation.

Trump has assigned Homan to spearhead an extensive initiative to deport individuals residing in the country unlawfully, as part of a broad crackdown on illegal immigration.

Since taking office, Trump has taken decisive actions on immigration enforcement, including declaring a national emergency at the southern border and instructing federal agencies to immediately take steps to deter, repatriate, and remove illegal immigrants attempting to cross the border.

He also enacted an executive order on January 20 suspending the current U.S. refugee admissions program (USRAP) until revisions are made to ensure future refugee arrivals align “with the interests of the United States.”

Trump has tasked Secretary of Homeland Security Kristi Noem and Secretary of State Marco Rubio with advising his office on “whether the resumption of refugee entry into the United States under the USRAP would serve the interests of the United States” within a 90-day timeframe, indicating that the program could resume when it is determined to align with U.S. interests.

The Associated Press contributed to this report.

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