Campaign Action
The American Civil Liberties Union, American Immigration Council, and Northwest Immigrant Rights Project have filed legal action against the Trump administration over a policy announced last month that seeks the indefinite detention of some asylum-seekers, in a move that one immigrant rights advocate described as an “assault on the asylum system.”
“The policy, announced April 16 by Attorney General William Barr, targets asylum seekers whom immigration officers previously determined have a ‘credible fear’ of persecution or torture if returned to the places they fled,” the groups said. “Many such people currently have the right to a bond hearing where an immigration judge will decide if they should be held or released from custody as their asylum case proceeds. If the new policy goes into effect, they could be jailed indefinitely without a hearing.”
Later that month, a White House memo most likely authored by aide and white supremacist Stephen Miller proposed further attacks on asylum-seekers, instructing Barr and acting Homeland Security Secretary Kevin McAleenan to begin developing new policies within 90 days that would force vulnerable families fleeing violence and persecution to pay a fee to ask for asylum, while others would be blocked from work permits until their cases are resolved, denying them a chance to sustain themselves and their families with dignity.
Those proposals will likely face a court challenge should they become official. “This policy unconstitutionally strips people of their right to a hearing,” said Michael Tan of the ACLU’s Immigrants’ Rights Project. “Hearings are a critical part of due process and prevent unlawful detention. The administration cannot bypass the Constitution by arbitrarily locking people up. Trump’s true motives are clear—to deter asylum seekers and punish people who apply for protection under our laws.”