Orlando Sentinel

ACLU fights border asylum ban

- By Nick Miroff

Coalition of immigrant advocacy groups files suit against Trump administra­tion in attempt to halt new policy.

WASHINGTON — A coalition of immigrant advocacy groups led by the American Civil Liberties Union filed suit against the Trump administra­tion in a federal court in San Francisco on Tuesday in an attempt to halt the implementa­tion of a new policy disqualify­ing most asylumseek­ers who pass through Mexico before reaching the United States.

The attorneys suing the government argued in their complaint that the Trump administra­tion lacks the authority to exclude asylumseek­ers who arrive at the U.S. southern border, because U.S. immigratio­n laws state clearly that the government cannot disqualify applicants on the basis of where they arrive.

“As part of our nation’s commitment to the protection of people fleeing persecutio­n and consistent with our internatio­nal obligation­s, it is a long-standing federal law that merely transiting through a third country is not a basis to categorica­lly deny asylum to refugees who arrive at our shores,” the complaint states.

Attorney General William Barr said in a statement Monday that those who are truly facing persecutio­n should apply for refuge in the first safe place they reach, not the most desirable destinatio­n.

Trump administra­tion officials said the policy decree was needed to protect the U.S. asylum system from a flood of meritless claims by applicants who are seeking better economic opportunit­y but who are not facing persecutio­n.

Department of Justice data show asylum filings have nearly quadrupled in the past five years, and fewer than 20% of Central American applicants are eventually granted protection­s by U.S. courts.

The plaintiffs seeking to block the implementa­tion of the restrictio­ns say the Trump administra­tion violated federal rule-making procedures in formulatin­g the restrictio­ns, and the Immigratio­n and Nationalit­y Act states that once an applicant reaches U.S. soil, he or she has a right to appeal for protection.

“This is the Trump administra­tion’s most extreme run at an asylum ban yet,” said Lee Gelernt, the ACLU attorney who has led the group’s legal challenges to Trump executive action on immigratio­n. “It clearly violates domestic and internatio­nal law, and cannot stand,” he said.

The Southern Poverty Law Center, the Center for Constituti­onal Rights and others joined the ACLU in seeking the injunction in the Northern District of California.

Meanwhile, nearly two dozen immigrants were allowed to cross the border to seek asylum on Tuesday.

At the crossing in Tijuana, Mexico, two asylumseek­ers who work with Mexican authoritie­s called 12 people whose numbers were first on a waiting list to enter through a San Diego border crossing.

At a crossing in Juarez, Mexico, 10 Cuban asylumseek­ers were called by Mexican officials and led across the Paso Del Norte Bridge to El Paso, Texas.

“I’d rather be in prison the rest of my life than go back to Cuba,” said Dileber Urrista Sanchez, who had hoped his number would be called Tuesday, but he was further down the list.

He criticized the Trump administra­tion’s new policy, pointing out that the first country he was able to reach after leaving Cuba was Nicaragua.

“How are we going to apply for asylum in Nicaragua when it’s just as communist?” he said.

 ?? GREGORY BULL/AP ?? People wait to apply for asylum in the U.S. along the border Tuesday in Tijuana, Mexico.
GREGORY BULL/AP People wait to apply for asylum in the U.S. along the border Tuesday in Tijuana, Mexico.

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