The American Civil Liberties Union, along with other migrant rights groups, has filed a lawsuit challenging President Biden’s recent crackdown on asylum at the U.S.-Mexico border. The lawsuit argues that the policy change, which restricts access to asylum for most migrants, violates U.S. asylum law and federal policy-making rules. Despite this legal challenge, the ACLU did not request an immediate block of the regulations that implement the new policy.
This new policy, enacted by President Biden just a week ago, has invoked a presidential authority known as 212(f) to disqualify most migrants from asylum and make it easier for U.S. immigration officials to deport them. Under this policy, migrants who cross the border illegally between official ports of entry are barred from applying for asylum. Only those who secure one of the limited daily appointments at ports of entry are eligible to apply for asylum.
The ACLU’s lawsuit challenges several aspects of President Biden’s new policy, including the suspension of asylum between ports of entry and the heightened screening standards for asylum officers. The organization also takes issue with the reduced time migrants have to consult with lawyers before their asylum screenings. This legal action is just the latest in a series of challenges faced by President Biden’s immigration policies, with both Republican-led states and advocacy groups like the ACLU filing lawsuits over his decisions.
Despite the record number of migrants crossing the southern border illegally in December, the number has since dropped significantly. In May, Border Patrol recorded 118,000 illegal crossings, marking the third consecutive monthly drop. This decline in border crossings has not deterred the ACLU and other groups from challenging President Biden’s asylum policy, which they argue places vulnerable migrants at risk and mirrors policies from the Trump administration that were previously blocked by courts.
It remains to be seen how the federal district court in Washington, D.C. will rule on the ACLU’s lawsuit against President Biden’s asylum restrictions. The legal battle over immigration policies is likely to continue as various groups and states challenge the Biden administration’s approach to immigration. Despite the ongoing lawsuits and legal challenges, the Biden administration continues to implement measures to address the immigration situation at the U.S.-Mexico border while seeking a balance between border security and humanitarian concerns.
