Immigration advocacy groups are suing the Biden administration over President Biden’s recent directive that will limit the number of migrants seeking asylum at the southern border.
The American Civil Liberties Union (ACLU) and a number of other organizations filed the lawsuit Wednesday on behalf of the Las Americas Immigrant Advocacy Center and the Refugee and Immigrant Center for Education and Legal Services.
“We had no alternative but to sue. The administration does not have the unilateral authority to override Congress and bar asylum based on how someone enters the country, a point the courts made abundantly clear when the Trump administration unsuccessfully attempted a nearly identical ban,” said Lee Gelernt , deputy director of the ACLU Immigrant Rights Department. Project, said in a statement.
The executive action means noncitizens crossing the southern border between ports of entry will be turned away if the seven-day average of daily border crossings exceeds 2,500 between ports of entry.
O complaint claims that Biden’s directive violates existing federal immigration law that was enacted by Congress.
“The United States has long sheltered refugees seeking refuge from persecution. The 1980 Refugee Act enshrined this national commitment in law,” the complaint says.
“While Congress has placed some limitations on the right to seek asylum over the years, it has never allowed the Executive Branch to categorically prohibit asylum based on where a noncitizen enters the country.
A Department of Homeland Security spokesperson said in a statement to The Hill that the new rule is legal.
“We cannot comment on pending litigation. The Border Security rule is legal, it is fundamental to strengthening border security and it is already having an impact. The disputed actions remain in place and we will continue to implement them,” the spokesperson said.
“Noncitizens without authorization should not come to our southern border. There are serious consequences for illegal crossing,” the spokesperson added.
Biden’s border action was met with backlash from both sides of the aisle as he tried to act on the hotly debated issue. The White House intended to blame Republicans for the lack of action at the border when the new rule was implemented earlier this month.
Republican lawmakers blocked a bipartisan border deal earlier this year that would have enacted a similar cap on asylum and provided more funding for Border Patrol agents and immigration judges.
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