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ACLU and Legal Aid Groups Take on Trump Administration in Asylum Ban Lawsuit

The American Civil Liberties Union (ACLU), in collaboration with immigration legal aid organizations, has initiated a significant lawsuit against the Trump administration’s recent proclamation labeling the southern border situation as an “invasion.” This lawsuit challenges the legality of measures aimed at expelling migrants and obstructing their right to seek asylum in the United States.
Lee Gelernt, deputy director of the ACLU’s Immigrants’ Rights Project, emphasized the gravity of the situation, stating, “This is an unprecedented power grab that will put countless lives in danger. No president has the authority to unilaterally override the protections Congress has afforded those fleeing danger.”
The case, filed in the U.S. District Court for the District of Columbia, asserts that President Trump’s invocation of section 212(f) of the Immigration and Nationality Act undermines asylum protections for migrants already on U.S. soil. The lawsuit contends that this approach includes the deportation of asylum seekers to nations where they risk persecution, which is explicitly prohibited by Congress.
According to the filing, “It is returning asylum seekers—not just single adults, but families too—to countries where they face persecution or torture, without allowing them to invoke the protections Congress has provided.” Alarmingly, the proclamation fails to exempt unaccompanied minors, violating statutory protections designed for vulnerable children.
Section 212(f) grants the president the ability to temporarily “suspend the entry” of individuals without legal immigration status amid specific conditions. This measure was among several executive actions Trump implemented on his Inauguration Day aimed at enforcing stringent immigration policies. Previously, Trump had applied this authority to impose a travel ban affecting individuals from seven predominantly Muslim countries, which was eventually upheld by the U.S. Supreme Court following numerous revisions.
In his proclamation issued on January 20, Trump described asylum seekers attempting to cross the U.S.-Mexico border as part of an “invasion” and asserted that the states required protection, prompting a suspension of entry until the purported “invasion” ceases. Notably, the number of encounters at the southern border has recently declined to its lowest levels in years.
The lawsuit highlights the expedited removals of migrants without legal status, often occurring within hours, using military aircraft for deportation directly from border locations. Additionally, it argues that the proclamation adversely affects the operational capabilities of the involved legal aid groups, including the Refugee and Immigrant Center for Education and Legal Services and the Florence Immigrant And Refugee Rights Project.
Reportedly, migrants have encountered immigration officials asserting that asylum options “do not exist.” In a troubling trend, materials outlining the asylum process have allegedly been removed from facility walls, and individuals have been expelled without a chance to make contact with legal representatives.
The plaintiff organizations, including the ACLU, National Immigrant Justice Center, and the Texas Civil Rights Project, aim to protect the rights of those seeking refuge, reiterating the importance of legal avenues available to asylum seekers.