Biden Slammed with Lawsuit from Immigration Groups over Asylum Order

( – President Joe Biden’s recent directive limiting asylum claims at the southern border has sparked a lawsuit from immigration advocacy groups. The American Civil Liberties Union (ACLU) and others filed the suit on Wednesday, representing Las Americas Immigrant Advocacy Center and the Refugee and Immigrant Center for Education and Legal Services (RAICES).

Lee Gelernt, deputy director of the ACLU’s Immigrants’ Rights Project, stated they had no choice but to sue. The administration lacks the authority to override Congress and restrict asylum based on how individuals enter the country. This point was made clear when courts struck down a similar attempt by the Trump administration.

The new executive action targets noncitizens crossing the southern border without using ports of entry. If the seven-day average of daily crossings exceeds 2,500, these individuals will be turned away. The complaint argues that Biden’s directive violates federal immigration law enacted by Congress.

The complaint emphasizes that the U.S. has a long-standing commitment to sheltering refugees. The 1980 Refugee Act enshrined this commitment in law. While Congress has imposed some limitations, it has never allowed the Executive Branch to ban asylum based on entry location.

A Department of Homeland Security spokesperson maintained that the new rule is lawful. The rule strengthens border security and is already making an impact. Non-citizens without authorization should not come to the southern border, as there are serious consequences for crossing unlawfully.

Biden’s move has faced criticism from both political sides. The White House blamed Republicans for a lack of action on the border when rolling out the new rule. Earlier this year, Republican lawmakers blocked a bipartisan deal that would have set a similar asylum cap and increased funding for Border Patrol agents and immigration judges.

Biden’s order invokes legal authority under Section 212(f) of the Immigration and Nationality Act, allowing the president to limit entries if deemed detrimental to national interest. Despite this, critics argue that Biden’s directive mirrors Trump’s policies, which Biden has criticized.

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