May 9, 2025
Litigation:
Las Americas Immigrant Advocacy Center v. DHS
The U.S. District Court for the District of Columbia today issued a victory for the plaintiffs in Las Americas Immigrant Advocacy Center v. U.S. Department of Homeland Security, striking down key parts of a Biden administration rule severely restricting asylum. In a major win for asylum rights, the Court found that the rule’s limitation on asylum eligibility violates the Immigration and Nationality Act. The Court also ruled that the rule’s departure from longstanding policy requiring immigration officers to ask people if they fear persecution before deporting them is “arbitrary and capricious,” and would harm to people seeking asylum.
The Biden-era rule, which was first announced in June 2024, barred people from seeking asylum at the U.S.-Mexico border, unless they were able to obtain a scarce appointment via the government’s CBP One smartphone app, a process that was terminated on President Trump’s first day in office. Days after the rule was first announced, the American Civil Liberties Union, National Immigrant Justice Center, Center for Gender & Refugee Studies, Jenner & Block LLP, ACLU of the District of Columbia, and Texas Civil Rights Project (TCRP) filed a federal lawsuit challenging the rule on behalf of Las Americas Immigrant Advocacy Center (Las Americas) and the Refugee and Immigrant Center for Education and Legal Services (RAICES). Today’s ruling sets an important precedent for future efforts to restrict people’s right to seek asylum.
Source – CGRS
