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2 Phoenix groups join ACLU suit against Trump's asylum ban at the border

Border Patrol Car
Donna Burton/U.S. Customs and Border Protection
U.S. Border Patrol agents monitor the border fence line that runs through Arizona and Mexico for illegal crossings.

A lawsuit filed by a coalition of immigrant rights groups and legal service providers alleges the Trump administration’s asylum restrictions are illegal.

A Jan. 20 proclamation from the Trump administration closed access to asylum at the border on the grounds that the U.S. is being invaded.

The ACLU and other rights groups filed suit against it on behalf of legal service providers at the border — including the Phoenix-based Florence Immigrant and Refugee Rights Project. Lee Gelernt, deputy director of ACLU’s Immigrant Rights Project, says the new order goes against laws enacted by Congress four decades ago that require people fleeing persecution to at least be screened for asylum eligibility.

“I think we're looking at not just how much harm is going to occur for all of these families who are seeking asylum, but it's also putting into play an enormous separation of powers of whether the president has the ability to simply ignore what Congress has done,” he said. “The president is saying ‘I can ignore those laws whenever I declare there’s been an invasion.’ Obviously migrants do not constitute an invasion within the meaning of federal law or the constitution,” Gelernt said.

Gelernt and other attorneys argue the proclamation goes against a statute within federal immigration law that guarantees the right to seek asylum in the U.S., particularly because, unlike other asylum restrictions, it does not provide any pathway into the U.S. for screening.

A separate suit filed by the ACLU and other groups against a Biden-era asylum restriction is still in court.

More Immigration News

Alisa Reznick is a senior field correspondent covering stories across southern Arizona and the borderlands for the Tucson bureau of KJZZ's Fronteras Desk.