WASHINGTON (AP) — A coalition of immigrant advocacy groups sued the Biden administration on Wednesday over President Joe Biden’s recent directive that effectively halts asylum claims at the southern border, saying it differs little from a similar move by the Trump administration that was blocked by the courts.
Associated PressWASHINGTON — A coalition of immigrant advocacy groups sued the Biden administration on Wednesday over President Joe Biden’s recent directive that effectively halts asylum claims at the southern border, saying it differs little from a similar move by the Trump administration that was blocked by the courts.
“By enacting an asylum ban that is legally indistinguishable from the Trump ban we successfully blocked, we were left with no choice but to file this lawsuit,” said Lee Gelernt, an attorney for the ACLU. The order went into effect June 5, and Biden administration officials have said they expected record levels of deportations.
Biden invoked the same legal authority used by the Trump administration for its asylum ban, which comes under Section 212 of the Immigration and Nationality Act. That provision allows a president to limit entries for certain migrants if their entry is deemed “detrimental” to the national interest. Under Biden’s directive, migrants who arrive at the border but do not express a fear of returning to their home countries will be subject to immediate removal from the United States, within a matter of days or even hours. Those migrants could face punishments that could include a five-year bar from reentering the U.S. or even criminal prosecution.
Meanwhile, those who express fear or an intention to seek asylum will be screened by a U.S. asylum officer but at a higher standard than currently used. If they pass the screening, they can pursue more limited forms of humanitarian protection, including the U.N. Convention Against Torture, which prohibits returning people to a country where they're likely to face torture.
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