SUBSCRIBE TO OUR FREE NEWSLETTER
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
5
#000000
#FFFFFF
5
#000000
#FFFFFF
u.s.-mexico border
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.
Feb 03, 2025
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."
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."
Keep ReadingShow Less
Impact of Trump Immigration Crackdown Is Swift as Advocates Vow to Fight Back
The president signaled an end to birthright citizenship and a prompt start to deportation raids as migrants at the southern border were barred from entering the U.S.
Jan 20, 2025
President Donald Trump had barely finished his inauguration speech Monday when his anti-immigration agenda's human impact became clear, with families at the U.S.-Mexico border learning their existing appointments with Customs and Border Protection had been cancelled after waiting months to speak with officials about applying for asylum.
Arelis R. Hernández of The Washington Post was among the journalists who shared the stories of devastated migrants on Monday, posting a video of one person who had been determined to enter the U.S. through a port of entry.
"Existing appointments are no longer valid," read a message on the CBP One app that was launched by the Biden administration, following Trump's inauguration speech in which he detailed several anti-immigration executive orders that he planned to sign immediately.
The app was rendered inoperable after Trump pledged to declare a "national emergency at the southern border" and said that "all illegal entry will immediately be halted," with administration officials beginning "the process of returning millions and millions of criminal aliens back to the places from which they came"—a reference to Trump's mass deportation plan that was a signature theme of his election campaign.
Ahead of Trump's inauguration, Pope Francis was among the faith leaders who condemned his anti-immigration agenda, saying he was praying that under the second Trump administration, Americans "will prosper and always strive to build a more just society, where there is no room for hatred, discrimination, or exclusion."
If Trump moves forward with his mass deportation plan, said the pope, "this will be a disgrace."
"That's not how things are resolved," said Pope Francis.
Trump's "border czar," Thomas Homan, who previously served as acting director of Immigration and Customs Enforcement (ICE), attempted to backtrack on Saturday regarding details of an administration plan to launch immigration raids across Chicago just after Inauguration Day.
"ICE will start arresting public safety threats and national security threats on day one," Homan told the Post. "This is nationwide thing. We're not sweeping neighborhoods. We have a targeted enforcement plan."
But other incoming Trump officials, including Homan, have previously said that any of the 11 million undocumented immigrants who are in the United States could be targeted as the administration begins enforcement immediately.
Homan said in December that—contrary to the hope expressed by Pope Francis ahead of the inaugural speech—the administration is planning to "set up a phone line for members of the public to alert immigration authorities to undocumented people in their communities."
Chris Thomas, an attorney with the law firm Holland & Hart, who has represented people and businesses swept up in immigration raids, toldForbes that the Trump administration is likely to target workplaces without providing any notice to business owners as a way of generating publicity.
"When the government encourages [informing authorities about undocumented people], we've seen people turning in ex-boyfriends, ex-girlfriends, business competitors, and neighbors they don't like," Thomas told Forbes.
Trump said Monday that he plans to promptly end birthright citizenship via executive order, reinterpreting the 14th Amendment and excluding from its protections U.S.-born babies whose parents were born outside the country. Legal scholars have signaled such a move would be challenged in court.
Vanessa Cárdenas, executive director of the immigrant rights group America's Voice, noted that Trump's "radical plan for mass deportations is not what the American people want, especially when they learn the details and see it unfold," citing polls from CNN and Fox News.
"Scores of business leaders in key industries are fearful that mass deportation will gut entire sectors of our economy and public schools are taking the dramatic step of preparing their classrooms and parking lots for raids by federal agents," said Cárdenas. "Much like we saw during his family separation policy, we expect backlash from Americans upon witnessing the harms of Trump's second-term immigration agenda, including on the American economy and our core values."
Ronnate Asirwatham, director of government relations for NETWORK Lobby for Catholic Social Justice, said Trump's speech indicated that "in the coming days we will see an onslaught of executive orders, proclamations, and legislation that will attempt to criminalize our neighbors, family members, and friends."
"We will not let our community be divided in this way," said Asirwatham. "From doctors to grocery store workers, if our neighbors are ripped from our communities, we will be grieving their loss, absence, gifts, and contributions to our community and country. We refuse to stay silent as the state unnecessarily targets people, all the while pursuing policies that benefit only the ultrawealthy."
Joan F. Neal, interm executive director of NETWORK, said the group will "shed light on these heinous policies and hold our government accountable, with a vision of an inclusive, pluralistic democracy that welcomes those fleeing persecution, keeps families together, and supports an economy for all so that we can build a more just future."
"We will not remain silent," said Neal, "while our neighbors are harmed by cruel and vicious treatment."
Keep ReadingShow Less
US Court Orders Transfer of Migrant Children From 'Profoundly Inhumane' Open-Air Sites
"But it remains a tragedy that a court had to direct the government to do what basic human decency and the law clearly require," said one advocate.
Apr 05, 2024
Migrant rights defenders on Thursday cheered a federal court ruling ordering U.S. Customs and Border Protection to stop holding undocumented minors in squalid open-air detention sites in Southern California and to transfer all children held in such locations to "safe and sanitary" spaces.
Customs and Border Protection (CBP) contended that people held in the open-air detention sites (OADS) are not yet in U.S. custody. However, Judge Dolly Gee of the U.S. District Court for the Central District of California in Los Angeles issued a 12-page ruling that found migrant children are entitled to protection under the Flores Settlement Agreement, which
established national minimum standards for the treatment of detained minors.
"There are minimum standards that must be followed if CBP will be detaining families, children, and other people."
Gee found that CBP violated the 1997 agreement by detaining children in unsafe and unsanitary conditions, failing to properly feed them, and taking too long to process them at seven sites near San Diego and Jacumba Hot Springs. Migrants detained in these OADS have waited as long as five days before being transfered to indoor lockups.
"The court's decision to recognize CBP's custody of children in open-air detention sites is a crucial step towards ensuring accountability and protection for vulnerable migrants," said Lilian Serrano, director of Southern Border Communities Coalition, a case plaintiff.
"There are minimum standards that must be followed if CBP will be detaining families, children, and other people," Serrano added. "We are pleased to see the federal court acknowledge this fundamental truth. Now we expect the agency to comply with the court's order immediately."
As the number of migrants entering the United States without authorization has surged during President Joe Biden's tenure, U.S. border authorities have forced migrants—including people legally seeking asylum—into OADS, where they face what case plaintiff National Center for Youth Law (NCYL) called "profoundly inhumane conditions."
NCYL said migrant children are "forced to take shelter from harsh rain and wind in porta-potties, burn toxic brush and garbage to stay warm, and survive on nothing more than a granola bar and a bottle of water each day."
Neha Desai, NCYL's senior director of immigration, called Gee's ruling "a tremendous victory for children at open-air detention sites."
"But it remains a tragedy that a court had to direct the government to do what basic human decency and the law clearly require," Desai added. "We expect CBP to comply with the court's order swiftly, and we remain committed to holding CBP accountable for meeting the most rudimentary needs of children in their legal custody, including food, shelter, and basic medical care."
A 2023 report on conditions at the Jacumba Hot Springs site published by the U.S. Immigration Policy Center (USIPC) at the University of California San Diego found that all of the migrants held at the site said border agents did not give them enough food and over half said they did not get enough water for the day. All migrants interviewed also said they were deprived of adequate sanitation like toilets and proper shelter and shade structures.
Another report published last year revealed a "shocking pattern" of abuse of migrants and some American citizens perpetrated by Department of Homeland Security personnel at the U.S.-Mexico border in recent years under both the Trump and Biden administrations.
Keep ReadingShow Less
Most Popular