Why are immigrant groups suing Biden over the new asylum policy?

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Immigrant Rights Groups Challenge Biden Administration's Asylum Policy in Court

Immigrant rights groups, spearheaded by the American Civil Liberties Union (ACLU), have filed a lawsuit against the Biden administration, contending that the recently implemented policy restricting asylum claims for most migrants crossing the US-Mexico border illegally violates existing US asylum law and congressional procedure. The legal challenge, lodged in federal court in Washington, DC, argues that the administration overstepped its authority by unilaterally altering laws established by Congress.
Allegations of Legal and Procedural Violations

The core of the lawsuit asserts that the Biden administration's new policy, enacted last week, contravenes established US asylum statutes. The plaintiffs argue that the administration failed to adhere to proper regulatory procedures when implementing these significant restrictions. Lee Gelernt, deputy director of the ACLU’s Immigrants’ Rights Project, specifically stated that the Biden administration "lacks unilateral authority" to bypass legislation passed by Congress, referencing previous legal precedents concerning similar actions taken during the Trump administration.
Scope and Exceptions of the Policy

Under the challenged measure, migrants apprehended while crossing the border illegally face expedited deportation or are turned back to Mexico. However, the ban does include specific exceptions. These provisions allow for asylum claims from unaccompanied children, individuals facing severe medical or safety threats, and victims of human trafficking. These exceptions are a key component of the policy's framework, differentiating certain vulnerable groups from the broader restrictions.
Challenge to Migrant Interview Protocols

Beyond the general prohibition on asylum claims, the lawsuit also targets a specific aspect of the policy concerning how migrants express fear of returning to their home countries. The immigrant rights groups are challenging the requirement that migrants must proactively state a fear of returning before seeking humanitarian protection, rather than having US authorities initiate the inquiry. The groups contend that individuals who have recently crossed the border may be in a state of distress, hunger, exhaustion, illness, or trauma, making it difficult for them to articulate such fears immediately.

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Why are immigrant groups suing Biden over the new asylum policy?

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