Trump Administration Faces Legal Challenge Over Border Asylum Restrictions

Created: JANUARY 27, 2025

The Trump administration's efforts to tighten asylum access at the southern border have drawn a lawsuit from a coalition of activist groups spearheaded by the American Civil Liberties Union (ACLU). This legal challenge comes as the administration doubles down on its border security measures.

From the outset of his presidency, Donald Trump implemented executive orders declaring a border emergency, empowering officials to expel immigrants without granting them the opportunity to seek asylum, citing a border "invasion." This action was part of a broader crackdown that involved military deployment and the termination of parole programs. Recent reports indicate a significant drop in border crossings during the first week of the Trump administration compared to the final week of the Biden administration.

Army patrolling Rio Grande

The ACLU and other organizations argue that these measures violate U.S. asylum laws, which permit immigrants to request asylum regardless of their mode of entry. The lawsuit contends that the executive order is both illegal and unprecedented, contravening established legal protections for asylum seekers. It asserts that the order sends individuals, including families, back to dangerous situations without due process, even potentially impacting unaccompanied children who are afforded specific legal safeguards.

President Donald Trump holds an executive order he signed in the East Room of the White House on June 26, 2020.

The ACLU's Lee Gelernt criticized the executive order as an overreach of presidential authority, undermining Congressional protections for those fleeing perilous circumstances. Several organizations, including the National Immigrant Justice Center, Texas Civil Rights Project, Center for Gender & Refugee Studies, and ACLU branches in D.C. and Texas, have joined the lawsuit.

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The White House has signaled its intention to maintain its current course. Spokesperson Kush Desai emphasized the administration's commitment to prioritize American interests and uphold its mandate to enforce immigration laws and secure the nation's borders. This lawsuit marks the latest legal challenge by the ACLU against the Trump administration, following a previous suit concerning the president's order impacting birthright citizenship for children of undocumented immigrants and those with temporary visas. That lawsuit, echoed by a separate suit from two dozen states, argued that the order was unconstitutional. The White House framed these legal actions as part of ongoing resistance and expressed readiness to defend its policies in court.

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