Immigration activists sue Biden administration over border policy

EL PASO, Texas – Two immigrant rights organizations on Wednesday sued the Biden administration to block the president's new asylum restrictions at the U.S. border.

In the complaint filed in U.S. District Court in Washington, D.C., the El Paso- and San Antonio-based organizations said the president's executive order violates the nation's immigration laws by effectively barring migrants' access to the asylum system. They're asking the court to block the administration from implementing the new restrictions, which took effect earlier this month.

President Joe Biden signed an executive order June 4 prohibiting migrants from seeking asylum between ports of entry when the number of unlawful border crossings tops 2,500 along the southern border.

The policy "will be in effect when high levels of encounters at the Southern Border exceed our ability to deliver timely consequences, as is the case today," according to a White House statement, adding that the rule will make it easier for immigration officers to deport migrants who don't qualify for asylum.

Crossing between ports of entry is illegal under the nation's Title 8 immigration law: It's a federal misdemeanor for a first attempt and a felony for attempts thereafter. But once migrants cross into U.S. territory, Title 8 also affords them the legal right to seek asylum.

Biden's new policy "has managed to further penalize vulnerable individuals and families seeking protection," said Jennifer Babaie, director of advocacy and legal services for El Paso-based Las Americas Immigrant Rights Center, one of the plaintiffs in the lawsuit.

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"Asylum is not a loophole but rather a life-saving measure," Babaie said. "Access to asylum is a human and legally protected right in the United States.

Las Americas and San Antonio-based RAICES are represented, in part, by the ACLU Immigrants' Rights Project.

USA TODAY requested comment from three of the federal agencies named in the lawsuit. The Department of Homeland Security, U.S. Customs and Border Protection and U.S. Citizenship and Immigration Services didn't immediately respond to the request.