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ACLU sues Trump administration for suspending asylum
ACLU claims the move banning asylum is unlawful

ACLU sues Trump administration for suspending asylum

Feb 04, 2025
04:10 pm

What's the story

The American Civil Liberties Union (ACLU) has sued the Trump administration over an executive order that suspends asylum access at the US southern border. The lawsuit was filed in the US District Court for the District of Columbia on Monday. The executive action in question bars migrants from claiming asylum and authorizes immigration officers to quickly "repel" or "remove" them.

Legal challenge

ACLU argues Trump's asylum ban is 'unlawful'

The ACLU has called this move "unlawful as it is unprecedented," claiming it supersedes Congress's authority on asylum laws. The lawsuit is supported by three immigrant rights groups: Refugee and Immigrant Center for Education and Legal Services (RAICES), Las Americas Immigrant Advocacy Center, and Florence Immigrant and Refugee Rights Project. They claim the government is returning asylum seekers, including families, to countries where they face persecution/torture without letting them invoke legal protections.

Executive overreach

'Unprecedented power grab': ACLU on Trump's asylum ban

Lee Gelernt, deputy director of the ACLU Immigrants's Rights Project, called Trump's move an "unprecedented power grab" that puts lives at risk. The executive order also terminated a mobile app used by asylum seekers to book appointments, essentially closing all doors for asylum claims. Kristi Noem, Homeland Security secretary; President Donald Trump; and other cabinet members are listed as defendants in the lawsuit.

Official response

White House defends Trump's asylum ban

In response to the lawsuit, White House spokesperson Kush Desai, in a statement to NPR, said Trump was mandated to secure borders and end immigration law abuses. The US asylum law, which was established in 1980, allows people fleeing war and persecution to seek refuge if they demonstrate "credible" fear. However, Trump's order claims a temporary ban is necessary to protect against an "invasion" at the US-Mexico border.

Border crossings

Critics question necessity of Trump's asylum ban

Notably, unauthorized border crossings have plummeted since December 2023, thanks to former President Joe Biden's restrictions. Jennifer Babaie from Las Americas Immigrant Advocacy Center slammed Trump's rhetoric about an "invasion," saying it seeks to dismantle the asylum process. The ACLU is now seeking an immediate court order to block the implementation of Trump's asylum ban at the southern border. Earlier, a lawsuit was filed against the Department of Government Efficiency stating that it violates federal transparency rules.