A coalition of immigrant advocacy groups sued the Biden administration on Wednesday over President Joe Biden’s recent directive that effectively halts asylum claims at the southern border, saying it differs little from a similar move by the Trump administration that was blocked by the courts.
The order Biden issued last week would limit asylum processing once encounters with migrants between ports of entry reach 2,500 per day. It went into effect immediately because the latest figures were far higher, at about 4,000 daily. But advocates argue that suspending asylum for migrants who don’t arrive at a designated port of entry – which the Biden administration is trying to push migrants to do –- violates existing federal immigration law, among other concerns.
As he campaigns, Biden has repeatedly criticized former President Donald Trump’s immigration policies, and his administration argues that his directive is different because it includes several exemptions for humanitarian reasons. For example, victims of human trafficking, unaccompanied minors and those with severe medical emergencies would not be subject to the limits.
Advocates argued in the lawsuit that requiring migrants to express fear – often called manifesting fear – puts the onus on the migrants. Migrants who use an app called CBP One while they’re in Mexico to schedule an appointment to present themselves at an official border crossing point to seek entry are exempt from these newer, tougher asylum restrictions. The app is part of the administration’s efforts to encourage migrants to use its preferred pathways to try to enter the country, instead of simply crossing the border and finding a Border Patrol agent and turning themselves in.
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