A federal court today blocked President Trump’s proclamation aimed at completely shutting down asylum at the border.
The American Civil Liberties Union, National Immigrant Justice Center, Center for Gender & Refugee Studies (CGRS), Texas Civil Rights Project (TCRP), ACLU of the District of Columbia, and ACLU of Texas brought the federal lawsuit on behalf of Refugee and Immigrant Center for Education and Legal Services (RAICES), Las Americas Immigrant Advocacy Center, and the Florence Immigrant & Refugee Rights Project, which provide legal services to asylum seekers, and a nationwide class of people barred from seeking protection in the United States under this proclamation.
The court rejected the administration’s efforts to use the “212(f)” proclamation, which falsely cited an “invasion” as justification to deny asylum protections expressly granted by Congress and summarily deport families and individuals to countries where they are at grave risk of persecution with no recourse.
The groups successfully argued that Trump’s action ignored protections put in place by Congress (and backed by the courts for generations) that ensure people have the opportunity to have their asylum claims heard. This proclamation is even more extreme than Trump’s previous attempts to shut off asylum in his first administration, as this move leaves no avenue open for people to seek asylum.
“This is a hugely important decision. Not only will it save the lives of families fleeing grave danger, it reaffirms that the president cannot ignore the laws Congress has passed and the most basic premise of our country’s separation of powers,” said ACLU attorney Lee Gelernt, who argued the merits of the case.
“We are grateful that the federal courts continue to agree with us that the right to seek asylum is a fundamental protection provided by Congress and ingrained in U.S. law for decades. No president has the authority to unilaterally block people who come to our border seeking safety. The courts have repeatedly sided with us on this issue, and we will continue to fight cruel policies, under any administration, that harm individuals and families who flee persecution,” said Keren Zwick, director of litigation at the National Immigrant Justice Center.
“This decision is a win for human dignity and the rule of law. It sends a clear message: the government cannot use cruelty as a weapon against people fleeing violence. The court’s blocking of the Trump administration’s executive action underscores the inhumane and unlawful nature of this policy and strengthens our call to protect the right to seek asylum. The Texas Civil Rights Project will continue fighting for the rights of those seeking safety at our border,” said Rochelle Garza, president of the Texas Civil Rights Project.
“We are grateful that today the court refused to accept the administration’s reckless disregard for the legal right to seek asylum. Every day that the United States fails to uphold its asylum process puts women, children, and families fleeing violence at risk of exploitation and serious harm,” said Jennifer Babaie, director of advocacy and legal services of Las Americas Immigrant Advocacy Center.
“We are pleased that the court has ruled in favor of people seeking protection at the U.S.-Mexico border. The Trump administration’s invocation of a 212(f) proclamation to block all access to asylum is blatantly xenophobic. Both U.S. and international law are clear — people have the right to seek protection at the border. We are grateful that the court has recognized this right and demand that the Trump administration comply and restart processing at the border immediately,” said Laura St. John, the legal director for the Florence Immigrant & Refugee Rights Project.
“As the court rightly affirmed today, the Trump administration cannot rewrite our immigration laws and invent its own extra-statutory system to block people from exercising their rights,” said Edith Sangüeza, senior staff attorney at the Center for Gender & Refugee Studies (CGRS). “Under our laws, any person seeking safety at our southern border has a legal right to apply for asylum. The government cannot wield racist, baseless claims of an ‘invasion’ to demonize refugees and unilaterally strip them of that right. For over six months, the illegal border proclamation has wrought nothing but suffering and chaos, forcing people fleeing persecution back to peril and leaving others stuck in detention, struggling to navigate a made-up process. The administration should now comply with the court’s order and immediately reinstate a fair asylum process at the southern border.”
“Today’s ruling makes clear three salient points that transcend immigration at the border and speak to who we are as Americans. First, we are a nation of laws. Second, the Trump administration’s sweeping invocation of executive branch authority transgresses the bounds established by our Constitution and our legislative branch. And third, the judicial branch is what stands between us and anarchy. The Trump administration's prerogative is once again found to be unlawful. It is increasingly clear where the illegality lies, and it is not with the immigrant families upon whom this administration is inflicting unfathomable harm,” said Javier Hidalgo, legal director at RAICES.
“Federal law unequivocally guarantees the right of refugees to seek asylum and the right not to be returned to face torture. President Trump’s attempt to eliminate these life-or-death rights with the swipe of a pen and under false pretenses had no legal basis, as the court today made clear,” said Arthur Spitzer, senior counsel at the ACLU of the District of Columbia.
“The court rejected the Trump administration’s efforts to upend our asylum system in a key ruling for our nation,” said Adriana Piñon, legal director for the ACLU of Texas. “This attempt to completely shut down the border is an attack on the fundamental and longstanding right to seek safety in the U.S. from violence and persecution.”
The case was filed in U.S. District Court in Washington, D.C.