After the Trump administration declared migrants who cross the U.S.-Mexico border between ports of entry ineligible for asylum, the SPLC filed a federal lawsuit challenging the asylum ban.
The lawsuit, filed in San Francisco, charges the administration with violating the Immigration and Nationality Act, the Administrative Procedure Act, and the U.S. Constitution’s due process protections. It was filed on behalf of East Bay Sanctuary Covenant, Al Otro Lado, Innovation Law Lab and the Central American Resource Center in Los Angeles.
U.S. Customs and Border Protection (CBP) already has a widespread practice and policy of turning back individuals who attempt to seek asylum at ports of entry, and the SPLC filed a previous lawsuit challenging that unlawful conduct. The asylum ban, coupled with CBP’s “turn back” policy at ports of entry, would effectively deny protection to thousands of vulnerable individuals.
A federal judge granted a preliminary injunction against the asylum ban in December 2018. That same month, the U.S. Supreme Court denied the administration’s request to immediately enforce the ban.