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A woman is seen outside the Mexican Commission for Refugee Assistance in Mexico

A woman is seen outside the Mexican Commission for Refugee Assistance in Mexico, waiting for an appointment after the CBP One application stopped working on January 28, 2025.

(Photo: Gerardo Vieyra/NurPhoto via Getty Images)

Rights Groups Sue Over Trump's 'Flagrantly Illegal' Shutdown of Asylum at Border

"The immigration laws do not give the president autocratic power to override Congress and brazenly violate U.S. treaty obligations related to the protection of refugees," said one advocate.

Accusing U.S. President Donald Trump of using "racist conspiracy theories" and lies about refugees to block people from exercising their right to seek asylum in the United States, several advocacy groups filed a federal lawsuit on Monday to block the Republican president's recent proclamation aimed at shutting down the asylum process at the southern border.

Disregarding the fact that the right to seek asylum has been part of U.S. law for more than four decades, the president quickly said after taking office last month that he was suspending the asylum process at the U.S.-Mexico border until the "invasion at the southern border has ceased."

The move left "no avenue open for people to seek asylum, even if they present themselves at a port of entry," said the groups, including the Texas Civil Rights Project, the National Immigrant Justice Center, and the ACLU.

Migrants who had traveled across Central America and Mexico in hopes of seeking asylum found soon after Trump's inauguration that their appointments with U.S. Customs and Border Protection had been canceled, leading to scenes of desperation at the border.

"This is the latest flagrantly illegal attempt by the executive branch to end humanitarian protection at the U.S.-Mexico border," said Richard Caldarone, senior litigation attorney at the National Immigrant Justice Center. "The immigration laws do not give the president autocratic power to override Congress and brazenly violate U.S. treaty obligations related to the protection of refugees. This latest attempt to do so will make thousands of people vulnerable to persecution, torture, and death, and we will not stop fighting until all those who require protection have the opportunity guaranteed by U.S. law to seek asylum in this country."

"Just as he did in his first term, the president is attempting to rewrite our laws by executive fiat and impose an illegal policy of mass expulsions."

Melissa Crow, director of litigation at the Center for Gender & Refugee Studies, warned that Trump cannot use the "lie" of an invasion by "families, children, and adults seeking safety" at the border to circumvent U.S. laws.

"Just as he did in his first term, the president is attempting to rewrite our laws by executive fiat and impose an illegal policy of mass expulsions," said Crow.

The asylum proclamation is just one of the anti-immigration actions Trump has taken in his first weeks in office. He declared an end to birthright citizenship—and was quickly challenged in court by rights groups and Democratic state attorneys general, with a judge ruling that the order was "blatantly unconstitutional"—and has directed Immigration and Customs Enforcement to round up thousands of undocumented immigrants, roughly half of whom didn't have a criminal record.

"Once again, the Trump administration wants to eliminate the ability of families to seek safety in our country in the form of asylum, a legal pathway," said Jennifer Babaie, director of advocacy and legal services of Las Americas Immigrant Advocacy Center. "Regardless of any person's individual beliefs on immigration, any government attempt to blatantly violate our laws is a serious issue impacting all communities across the country. Spreading falsehoods about an 'invasion' at our border only fuels fear, aiming to dismantle the entire asylum process and weaponize our immigration laws."

Rochelle Garza, president of the Texas Civil Rights Project, said the suspension of asylum was "extreme, unjust, and a disservice to families seeking safety at our southern border."

"Denying migrants and displaced individuals from the opportunity to find safety undermines our nation's values and creates additional strain on our already burdened border communities," said Garza. "Our lawsuit underscores the unlawful nature of this policy and emphasizes the need to protect asylum seekers' rights. The U.S. should lead by example in implementing fair immigration practices and treating the most vulnerable with dignity."

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