A group of immigrant advocacy agencies including the American Civil Liberties Union (ACLU) filed a lawsuit to block the recent updates to asylum processing at the southern border. The lawsuit states a similar effort proposed by the Trump administration was blocked by the courts. As such, the Biden law is also unlawful, based on the same criteria. The agencies filing the action include the ACLU, Las Americas Immigrant Advocacy Center and the Refugee and Immigrant Center for Education and Legal Services (RAICES). This is the first lawsuit arguing the legality of the Biden executive action.

The executive action limits asylum processing when encounters with migrants entering the U.S. between ports of entry reach 2,500 per day. Recent figures show over 4,000 encounters per day and as such, the action went into effect immediately. When daily encounters reach 1,500 or less per day, using a seven-day average, asylum eligibility is again available. The last time encounters were 1,500 or fewer was during the COVID pandemic, in July 2020. Some exceptions apply, including those who face severe medical emergencies, unaccompanied minors, and human trafficking victims.

The lawsuit further states the asylum executive action violates federal immigration law, among other issues. The group states Congress has not provided the Executive Branch with the powers to ban asylum. Issues with the CBP One app, the only way migrants can schedule interviews at official ports of entry, is also noted as having issues with users, further limiting access to legal asylum processing.

As always, ILBSG actively monitors ongoing news affecting U.S. immigration. If you have questions about any U.S. immigration related issue, contact us. Our team of experienced attorneys work directly with our clients to ensure they get the right advice for their specific situations.

asylum U.S. Southern Border