The U.S. District Court for the District of Columbia today issued a victory for the plaintiffs in Las Americas Immigrant Advocacy Center v. U.S. Department of Homeland Security, striking down key parts of a Biden administration rule severely restricting asylum. In a major win for asylum rights, the Court found that the rule’s limitation on asylum eligibility violates the Immigration and Nationality Act. The Court also ruled that the rule’s departure from longstanding policy requiring immigration officers to ask people if they fear persecution before deporting them is “arbitrary and capricious,” and would harm to people seeking asylum.
The Biden-era rule, which was first announced in June 2024, barred people from seeking asylum at the U.S.-Mexico border, unless they were able to obtain a scarce appointment via the government’s CBP One smartphone app, a process that was terminated on President Trump’s first day in office. Days after the rule was first announced, the American Civil Liberties Union, National Immigrant Justice Center, Center for Gender & Refugee Studies, Jenner & Block LLP, ACLU of the District of Columbia, and Texas Civil Rights Project (TCRP) filed a federal lawsuit challenging the rule on behalf of Las Americas Immigrant Advocacy Center (Las Americas) and the Refugee and Immigrant Center for Education and Legal Services (RAICES). Today’s ruling sets an important precedent for future efforts to restrict people’s right to seek asylum.
In response to the Court’s ruling, immigrants’ rights groups issued the following comment:
“Today's decision is a critical step in peeling back the illegal asylum restrictions at the border,” said Lee Gelernt, Deputy Director of the ACLU’s Immigrants’ Rights Project. “Unfortunately, as a country we have forgotten the historic commitment we made after World War II to never turn our back on people fleeing persecution.”
“For multiple years, courts have rejected policies that block access to asylum at the U.S.-Mexico border, and we are grateful that today’s ruling follows that trend,” said Keren Zwick, Litigation Director at the National Immigrant Justice Center. “We also appreciate the recognition that asylum seekers require more than four hours to consult with the outside world before a life-altering interview and that immigrants cannot be expected to spontaneously shout out a fear without being given a chance to do so. We hope these aspects make it clear that procedural fairness is required in the U.S. legal system.”
“Today's decision recognizes the Biden-era border rule was yet another unlawful attempt to deprive people fleeing persecution of eligibility for asylum,” said Melissa Crow, Director of Litigation at the Center for Gender & Refugee Studies (CGRS). “As evidenced by our plaintiffs' experiences, the rule emboldened border officers to ignore explicit expressions of fear and to intimidate or mislead asylum seekers into giving up their claims for protection. Many people seeking safety were summarily deported to danger, and family members were separated despite having identical claims. This decision affirms that no president can rewrite our asylum laws by executive fiat."
“This decision confirms what advocates have been saying for years: asylum seekers have a legal right to a meaningful opportunity to seek protection in this country. Four hours to find and then speak with an attorney, while in federal custody, is not the way to achieve a legitimate process,” said Jennifer Babaie, Director of Advocacy and Legal Services at Las Americas Immigrant Advocacy Center in El Paso, Texas, Ciudad Juárez, Chihuahua and New Mexico. “At Las Americas, we will not stop fighting until we do right by the countless individuals blocked from seeking safety at our borders.”
“For the last year, the U.S. government has given border officials the freedom to ignore anyone’s viable claims of fear and to send them back to the legitimate harms from which they fled, endangering countless lives in the process. Today’s federal court ruling reaffirms what we’ve said time and again — that the bipartisan war on asylum has obstructed equitable access to fundamental human and legal rights in ways both arbitrary and capricious,” said Javier Hidalgo, Legal Director at RAICES. “This is a major step in righting some of the many wrongs inflicted upon people and families seeking safety in accordance with federal and international law.”