ACLU Challenges Trump’s Comprehensive Asylum Ban at U.S.-Mexico Border

The American Civil Liberties Union (ACLU) has filed a lawsuit against President Donald Trump’s recent executive order that imposes a sweeping ban on asylum seekers at the U.S.-Mexico border. The lawsuit contends that this ban violates both U.S. law and international treaties by effectively eliminating access to asylum for migrants arriving at the southern border.

Implemented shortly after President Trump assumed office on January 20, 2025, the executive order blocks all migrants involved in what the administration describes as an “invasion” at the southern border from seeking asylum or other humanitarian protections. This move is part of a broader strategy to deter illegal immigration, which includes deploying additional U.S. military personnel to the border and directing various federal agencies to enhance immigration enforcement efforts.

The ACLU’s lawsuit, filed in federal court in Washington, D.C., represents three immigrant advocacy groups based in Texas and Arizona. The plaintiffs argue that the ban disregards the asylum system established by Congress and endangers countless families by returning asylum seekers to countries where they may face persecution or torture. Lee Gelernt, an ACLU attorney specializing in asylum litigation, stated, “It eliminates all avenues to seek asylum, completely ignoring the statutory system created by Congress.”

The executive order relies on Section 212(f) of the Immigration and Nationality Act, the same legal authority previously used by President Trump to implement travel bans on certain countries. In 2018, the Supreme Court upheld a version of these travel bans, setting a potential precedent for the current asylum restrictions.

This legal challenge underscores the ongoing tension between the administration’s efforts to tighten immigration policies and advocacy groups’ endeavors to protect the rights of migrants seeking refuge in the United States.

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