Immigrant Rights Groups Sue Over Biden's Asylum Order

A coalition of immigrant rights groups has sued the Biden administration, challenging recent executive orders signed by the president that severely restrict asylum rights for migrants crossing the border illegally. The controversial order, signed by Biden on June 4, makes most migrants who cross illegally ineligible to apply for asylum. The new rules also expedite removal proceedings for those who cross illegally and fail to meet a new, stricter credible fear of persecution standard.

Lee Gelernt, deputy director of the ACLU's Immigrant Rights Project, wrote in a statement: "We have no choice but to sue." He added: "The government has no unilateral power to overturn Congress's decision and ban asylum based on manner of entry." The lawsuit, filed in the U.S. District Court for the District of Columbia, argues that Biden's asylum ban is inconsistent with existing law—specifically Section 208 of the Immigration and Nationality Act. That law provides that any person has the right to apply for asylum, regardless of how they entered the United States.

Melissa Crow, litigation director at the Center for Gender and Refugee Studies, said: "Biden's executive order completely violates the law." She added that existing asylum law recognizes that legitimate asylum seekers face inherently dangerous circumstances, which is why humanitarian protection applies to those who cross the border without proper documents. "People seeking asylum usually don't come because they want to, but because they have to," Crow said. "They come here because they are afraid, because they have been harmed in the past, because their lives and their families' lives are in great danger."

The National Immigration Justice Center and the Texas Civil Rights Project are also plaintiffs in the case. They are asking a federal court to quickly overturn the Biden administration's new asylum rule. In the view of immigrant rights advocates, restricting access to asylum will expose already vulnerable migrants to a greater risk of violence—both in their countries of origin and in Mexican border towns where drug cartels are heavily active.

When announcing the actions, Biden said they were necessary after Republicans blocked a bipartisan immigration bill earlier this year. "This action will help us gain control of the border and restore order to the process," he said.

Meanwhile, Republicans criticized Biden's new measures as not being strict enough. They also attacked the president for reversing Trump-era immigration restrictions.

The rules are intended to encourage migrants to use existing legal pathways to apply for asylum, particularly the CBP One mobile app, through which migrants can schedule a time to enter the United States. However, critics point out that CBP One can schedule only 1,450 appointments per day, and some migrants have to wait eight to nine months to get an appointment.

Tami Goodlette, director of the Beyond Borders Program at the Texas Civil Rights Project, wrote in a statement: "By limiting the number of people who can apply for asylum, people are forced to compete for the few appointment slots available each day on the CBP One app, which itself has many problems and becomes an obstacle to seeking asylum."