Immigration Groups Sue Over Biden's Asylum Executive Order

Facts

• The American Civil Liberties Union (ACLU) and several migrant rights groups filed a lawsuit against the Biden administration on Wednesday over a recent directive that will restrict the number of migrants seeking asylum at the southern border.¹
• The 29-page complaint is the first to challenge Joe Biden's new policy, which took effect a week ago. The partial suspension would limit asylum application processing until the average daily illegal border crossings drop below 1,500, a figure not seen since 2020.²
• The new policy will immediately deport migrants who arrive at the border without expressing a fear of returning home and could see them face criminal prosecution or a five-year readmission ban. Fearful people will be screened further and may be eligible for the UN Convention Against Torture safeguards.³
• The lawsuit argues that the policy violates federal immigration law by attempting to ban asylum seekers who don't cross designated points of entry, and resembles the Trump administration's asylum policy, which the courts overturned.⁴
• Biden's policy uses the same legal provision as the Trump administration's asylum ban, Section 212(f) of the Immigration and Nationality Act, which allows the president to restrict entry of certain migrants considered harmful to the national interest.⁵
• The Department of Homeland Security defended the policy, saying that it is lawful and 'strengthening border security.'²

Sources: ¹Bloomberglaw, ²CBS, ³PBS NewsHour, ⁴Guardian and ⁵Associated Press.

Narratives

• Establishment-critical narrative, as provided by American Civil Liberties Union. This policy blatantly violates federal immigration laws that prohibit banning asylum based on the point of entry. Additionally, Biden is just trying to rebrand a Trump-era law in the hopes that no one will notice. This law puts the lives of thousands of vulnerable people at risk. Hopefully, this will be overturned by the courts, just as it was when Trump tried to do it.
• Pro-establishment narrative, as provided by CBS. This policy is designed to be both safe and lawful. The situation at the US southern border has become increasingly chaotic, and because immigration reform in Congress has been progressing slowly, the Biden administration felt compelled to take action. Those with legitimate claims for asylum will still be able to seek asylum in the US, as required by international human rights laws.

Predictions