The directive by President Joe Biden to restrict the asylum application processing is facing criticism from advocates. The president administration is facing a lawsuit, according to POLITICO.
A coalition of immigrant rights groups sued the Biden administration Wednesday over a recent directive from President Joe Biden. The directive effectively halts asylum claims at the southern border, saying it is little different from a similar move by the Trump administration that has been blocked by the courts.
The lawsuit, filed by the American Civil Liberties Union (ACLU) and others on behalf of Las Americas Immigrant Advocacy Centre and RAICES, is the first test of the legality of Biden’s sweeping border crackdown, which began after months of internal White House deliberations and is designed in part to fend off political attacks on the president over his approach to immigration.
Biden’s order, issued last week, will limit the processing of asylum applications once the number of encounters with migrants between ports of entry reaches 2,500 a day. It went into effect immediately, as recent figures have been much higher – around 4,000 per day. The restrictions will presumably remain in place until two weeks after the daily number of encounters reaches 1,500 a day between ports of entry, below the seven-day average.
Advocates argue that suspending asylum for migrants who do not arrive at a designated port of entry violates existing federal immigration law. But Biden invoked the same legal authority the Trump administration used to ban asylum, which falls under Section 212(f) of the Immigration and Nationality Act.
Biden has repeatedly criticised Trump’s immigration policies during his campaign, and his administration has argued that his directive is different because it includes several humanitarian exemptions. Biden’s position highlights that the restrictions would not apply to victims of human trafficking, unaccompanied minors and those in need of serious medical care.
Immigration is a major election issue for voters and the centrepiece of Trump’s campaign to regain the presidency in November. About three-quarters of Republicans in a Reuters/Ipsos poll conducted in May said migrants in the US illegally pose a risk to public safety.
Biden took office in 2021 promising to roll back many of Trump’s restrictive border policies, but he has struggled with record numbers of migrants caught crossing the US-Mexico border illegally under his leadership.
