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.
