On Monday, the American Civil Liberties Union (ACLU) filed a lawsuit in federal court challenging President Trump’s recent executive order that effectively closes the U.S. asylum system. The ACLU argues that the move violates U.S. legal obligations to provide refuge for individuals fleeing persecution.
The lawsuit targets Trump’s executive action, which empowers border officials to deport migrants without allowing them to apply for asylum. The president’s decree invokes a presidential power under 212(f), granting authority to bar entry to foreigners deemed a threat to national security. Trump has justified the sweeping action by framing migrants as an “invasion” posing risks to national security, public safety, and health.
This legal challenge marks the first major action against the new policies Trump introduced on his first day back in office. These policies represent a continuation of his hardline approach to immigration, including military support for border enforcement and the suspension of legal migration pathways from certain countries in turmoil.
While other presidents, including Joe Biden, have restricted asylum processes, Trump’s move is notably more extreme in its scope. By declaring an “invasion,” Trump is attempting to bypass asylum procedures that historically required immigration officials to at least consider claims from those fearing persecution.
The ACLU contends that this order seeks to “overturn the protections Congress has afforded those fleeing danger” and asks the U.S. District Court for the District of Columbia to block the measure.
Lee Gelernt, the ACLU attorney handling the case, stated that the order is an unprecedented attempt to eliminate asylum protections entirely. This move contrasts sharply with Biden’s approach, which also used similar authority to restrict asylum but included some exemptions and still allowed asylum officers to interview migrants about their fear of harm if deported.
Despite Trump’s claims of an ongoing border crisis, illegal crossings have decreased significantly in recent months, with data showing the lowest levels of apprehensions since May 2020. This decline coincided with increased efforts by Mexico to intercept migrants and Biden’s own asylum restrictions.
The legal battle now puts Trump’s ambitious asylum ban under scrutiny, as the ACLU fights to preserve long-established rights for refugees seeking safety in the U.S.
