The Trump administration was sued Monday for its effort to end asylum protections at the border with a Day One executive order.
The suit, brought by the American Civil Liberties Union on behalf of nonprofits that provide legal services to asylum seekers, argues the move contradicts U.S. law allowing migrants to seek protection from persecution and danger.
“Via the Immigration and Nationality Act (“INA”), Congress has created a comprehensive statutory system allowing noncitizens fleeing persecution or torture to seek protection in the United States,” they wrote in the suit.
“Congress has given these individuals statutory rights to apply for asylum and other protections. And it has prohibited the government from returning these individuals to places where they face persecution or torture,” they add.
“This suit concerns the Executive Branch’s attempt to wipe away these statutes by fiat.”
President Trump’s directive to end asylum came in an order otherwise promising to protect states from an “invasion” at the border.
He referred to 212(f) of the Immigration and Nationality Act — which, similar to Title 42, allows the suspension of migrants for public health or safety reasons.
But the attorneys argue the provision predates asylum protections that bar swift expulsion of those who may face danger.
“Section 212(f) does not empower the President to expel noncitizens from the United States, much less to do so in a manner that contradicts the specific restrictions on the removal of noncitizens that Congress imposed elsewhere in the INA,” they wrote.
“The Proclamation is as unlawful as it is unprecedented.”
Trump’s series of early executive orders contained contradictory language regarding asylum. Another order also reestablishes the Remain in Mexico program, which requires migrants to wait out any asylum case in Mexico.
The White House and the Department of Homeland Security, both named in the suit, did not immediately respond to request for comment.
Trump is facing other suits related to his executive orders, including multiple challenges to an order seeking to unwind birthright citizenship for those born in the country, a guarantee under the 14th Amendment to the Constitution.
A judge has temporarily barred that order from taking effect.
