DOJ Challenges Immigrant Rights Groups’ Standing in Asylum Restrictions Case

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Illegal immigrants take supplies back and forth between Acuna, Mexico, and the United States (far side) across the Rio Grande, the international boundary with Mexico, in Acuna, Mexico, on Sept. 20, 2021. (Charlotte Cuthbertson/The Epoch Times)

The U.S. Department of Justice (DOJ) has argued that immigrant rights groups do not have standing to challenge recent asylum restrictions at the southern border, claiming the groups’ allegations do not demonstrate legal harm. In a filing on Wednesday, the DOJ stated that the groups’ assertion of “pocketbook injuries” and their claim that the restrictions hinder their ability to serve asylum seekers lacks merit, especially since the U.S. Supreme Court had previously dismissed similar standing theories in an abortion medication case.

The DOJ further argued that the groups’ claims are unsupported by evidence. “Nowhere do the organizational plaintiffs state that they are unable to represent asylum seekers — indeed, their declarations state that they continue to do so,” the DOJ emphasized in its response. The department noted that the groups’ argument about being unable to perform core activities such as providing legal representation to asylum seekers does not meet the legal criteria for standing.