ACLU and Legal Aid Groups Unite in Legal Battle Against Trump’s Asylum Ban

WASHINGTON — The American Civil Liberties Union (ACLU) and several immigration legal aid organizations have initiated a significant lawsuit against the Trump administration. Filed on Monday, the lawsuit challenges the president’s declaration of an “invasion” at the southern border, which is used as a justification for expelling migrants and blocking their asylum claims.

Lee Gelernt, deputy director of the ACLU’s Immigrants’ Rights Project, criticized the administration’s actions, stating, “This is an unprecedented power grab that will put countless lives in danger.” He emphasized that no president has the authority to bypass the asylum protections established by Congress.

The lawsuit, lodged in the U.S. District Court for the District of Columbia, asserts that President Trump’s proclamation under Section 212(f) of the Immigration and Nationality Act undermines statutory protections for migrants already within U.S. territory. The suit contends that it is unlawful to expel asylum seekers to nations where they risk persecution, which contradicts congressional mandates.

“This policy not only jeopardizes single adults but also families and unaccompanied children,” the suit claims. “The Proclamation does not exempt minors, despite specific legal provisions designed to protect them.”

Section 212(f) grants the president authority to “suspend the entry” of individuals lacking legal status during specific situations. This was one of several immigration-related executive orders signed by Trump on his first day in office, aiming to implement an extensive immigration crackdown.

During his initial term, Trump used this same provision to enact a controversial travel ban targeting individuals from predominantly Muslim nations. After facing legal challenges, the U.S. Supreme Court eventually upheld a revised version of the ban in 2018.

In the proclamation issued on January 20, Trump referred to asylum seekers arriving at the U.S.-Mexico border as an “invasion,” claiming the need for state protection. He announced a suspension of physical entry until the perceived “invasion” ends, despite recent statistics indicating that encounters at the southern border have decreased significantly.

The lawsuit highlights rapid deportations of individuals without legal status, often occurring within hours. Many migrants are reportedly flown on military jets directly to Mexico or their home countries without access to legal counsel or even a phone.

The plaintiffs, which include the Refugee and Immigrant Center for Education and Legal Services, Las Americas Immigrant Advocacy Center, and Florence Immigrant and Refugee Rights Project, argue that the proclamation adversely impacts their efforts to provide legal assistance. The ACLU, along with several other organizations, filed the suit on behalf of these legal aid groups, aiming to protect the rights of migrants facing expulsion.

Last updated 4:18 p.m., Feb. 3, 2025