By Ted Hesson
WASHINGTON (Reuters) – U.S. immigrant rights groups on Wednesday sued the Biden administration over a new policy that bans most migrants caught illegally crossing the U.S.-Mexico border from seeking asylum, threatening to derail far-reaching enforcement efforts.
The groups, led by the American Civil Liberties Union, argued that the restrictions introduced last week violated U.S. asylum law and that Biden failed to follow the proper regulatory process. The lawsuit was filed in federal court in Washington, DC
Biden, a Democrat seeking another term in the Nov. 5 election, has had to deal with millions of migrants caught illegally crossing the southwest border during his presidency. Immigration is one of the top election issues and Biden’s Republican challenger, former President Donald Trump, has vowed to act aggressively if he wins another term in the White House.
Biden has hardened his stance in recent months, backing a bipartisan Senate bill that would drive resources to the border and increase enforcement capacity. The new ban reflects Trump-era policies that aimed to deny migrants access to asylum at the border and uses the same legal authority as Trump’s travel bans that block people from predominantly Muslim countries and elsewhere.
Lee Gelernt, deputy director of the ACLU’s Immigrants’ Rights Project, said the Biden administration “lacks unilateral authority to override Congress,” citing previous legal decisions related to the Trump-era policy .
Migrants caught crossing illegally could be quickly deported or sent back to Mexico under the Biden measure. The ban included exceptions for unaccompanied children, people facing serious medical or safety risks and victims of human trafficking.
Key operational questions remain unclear, including how the U.S. would quickly deport migrants from distant and uncooperative countries and how many non-Mexican migrants Mexico would accept under the new enforcement regime.
(Reporting by Ted Hesson in Washington; Editing by Josie Kao and Daniel Wallis)
