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America February 4, 2025 3 mins read

Immigrant Advocates Sue Trump Admin Over Asylum Ban

America ı By Rihem Akkouche

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Immigrant Advocates Sue Trump Admin

A coalition of immigrant rights and civil liberties groups filed a federal lawsuit Monday, accusing the Trump administration of overstepping its authority by shutting down asylum claims at the southern border. The suit, brought in Washington, D.C., federal court, argues that President Donald Trump’s border proclamation violates U.S. immigration law by barring noncitizens from seeking asylum and expelling them without due process.

Trump’s Border Order Declares ‘Invasion’

Trump issued the "Guaranteeing the States Protection Against Invasion" proclamation on Jan. 20, the day of his inauguration, invoking Section 212(f) of the Immigration and Nationality Act (INA). The order halts the entry of all noncitizens whom Trump deems part of an "invasion" and directs U.S. immigration agencies to remove, repel, or repatriate them.

However, immigrant advocates argue that the proclamation unlawfully circumvents federal law. The Refugee and Immigrant Center for Education and Legal Services (RAICES), along with other groups, asserts that U.S. law explicitly allows anyone arriving in the country to apply for asylum and protects them from being sent back to nations where they may face persecution.

Advocates Allege Mass Expulsions Without Due Process

According to the suit, the Trump administration is expelling asylum-seekers within hours of their arrival, denying them the right to request asylum or access formal removal proceedings. Those who cannot be immediately removed are detained by U.S. Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) until deportation flights are available.

The lawsuit contends that these actions violate the INA, which guarantees asylum-seekers the opportunity to make their case before an immigration judge. It also alleges that Trump’s policy contradicts international agreements like the Convention Against Torture, which prohibits returning individuals to countries where they could face persecution.

ACLU Calls Proclamation ‘Unprecedented Power Grab’

Lee Gelernt, an attorney with the American Civil Liberties Union (ACLU) and counsel for the plaintiffs, described the border order as a drastic overreach of executive power.

The lawsuit further argues that no prior administration has used Section 212(f) to expel individuals already inside the U.S. or to block their access to asylum protections.

Government Agencies Decline to Comment

The lawsuit names Trump, the U.S. Department of Justice (DOJ), the U.S. Department of State, Secretary of State Marco Rubio, the Department of Homeland Security (DHS), CBP, ICE, and their respective agency heads as defendants.

Representatives for DHS and DOJ declined to comment on the pending litigation.

Legal Battle Looms Over Asylum Rights

The case, brought by RAICES, the Las Americas Immigrant Advocacy Center, and the Florence Immigrant & Refugee Rights Project, could set a major precedent for immigration policy. If successful, it could reinstate asylum protections for thousands of migrants who were turned away under Trump’s executive order.

As the legal fight unfolds, the lawsuit underscores a larger battle over presidential powers, congressional immigration laws, and the fate of asylum-seekers at the U.S.-Mexico border.

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Rihem Akkouche

Rihem Akkouche is a passionate journalist dedicated to shedding light on compelling stories, sparking conversations, and fostering a more informed world.

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