Advocacy groups championing immigrant rights have taken decisive legal action against the Biden administration’s latest immigration policy, which effectively bars most migrants apprehended while illegally crossing the U.S.-Mexico border from seeking asylum. Led by the American Civil Liberties Union (ACLU), these organizations contend that the recent restrictions violate existing U.S. asylum laws and accuse President Biden of sidestepping required regulatory procedures. The lawsuit, filed in federal court in Washington, D.C., marks a critical challenge to Biden’s approach to managing the ongoing immigration crisis.
President Biden, navigating a contentious re-election bid amidst a backdrop of heightened immigration issues, has increasingly aligned himself with stricter immigration policies in recent months. This shift includes endorsing a bipartisan Senate initiative aimed at bolstering border resources and fortifying enforcement capabilities. The newly imposed asylum ban draws parallels to measures under former President Donald Trump’s administration, which sought to block asylum claims at the border using comparable legal foundations as those behind Trump’s controversial travel bans.
Lee Gelernt, deputy director of the ACLU’s Immigrants’ Rights Project, underscored that the Biden administration lacks the unilateral authority to supersede laws established by Congress, citing precedent from legal challenges against Trump-era policies. Under the new rules, migrants caught entering the U.S. illegally face swift deportation or immediate return to Mexico, with limited exceptions made for unaccompanied minors, individuals facing severe medical or safety risks, and victims of human trafficking.
The practical implications of these measures remain uncertain, particularly concerning the logistics of repatriating migrants from distant countries and the willingness of Mexico to accommodate non-Mexican nationals apprehended by U.S. authorities. A recent decrease of 20% in illegal border crossings has been cautiously interpreted by senior U.S. officials as a potential initial success in deterring unlawful immigration.
In defense of the asylum ban, White House spokesperson Angelo Fernandez Hernandez argued its necessity in light of persistently high levels of border encounters, compounded by Republican opposition stalling Biden-backed legislative efforts. The lawsuit also challenges a provision of the Biden policy requiring migrants to articulate a fear of returning to their home countries independently, rather than having U.S. officials inquire about potential persecution or dangers in Mexico.
The plaintiffs argue that individuals freshly arrived from perilous journeys may be physically compromised by hunger, illness, or trauma, potentially hindering their ability to promptly articulate fears of persecution. This legal confrontation underscores the contentious nature of U.S. immigration policies ahead of the upcoming elections.
