ACLU to challenge Biden’s border action: ‘Same approach’ as Trump asylum ban

The American Civil Liberties Union (ACLU) said Tuesday it planned to sue the Biden administration over a newly unveiled policy that will restrict asylum claims at the southern border.

“The Biden administration just announced an executive order that will severely restrict people’s legal right to seek asylum, putting tens of thousands of lives at risk,” the organization posted on the social platform X.

“This action takes the same approach as the Trump administration’s asylum ban. We will be challenging this order in court,” it added.

The White House on Tuesday took long-expected executive action that will turn away migrants seeking asylum who cross the southern border illegally at times when there is a high volume of daily encounters. 

The order will be in effect when the seven-day average of daily border crossings exceeds 2,500 between ports of entry, senior administration officials said, meaning it will go into effect immediately. 

Senior administration officials told reporters on a call previewing the announcement that they were prepared to defend the measure in court, asserting they had the authority to implement the policy.

One senior administration official noted border and immigration orders have sparked lawsuits from both left- and right-leaning organizations in recent years, so a similar challenge in this case was not unexpected.

The ACLU pledge to sue reflects the likely backlash President Biden will face from progressives over his proclamation on the border. Critics have compared it to Trump-era policies that sharply curtailed the flow of migrants into the country, which Democrats decried as inhumane at the time.