'Extreme and unjust': Advocates sue over Trump's 'flagrantly illegal' directive
U.S. President Donald Trump looks on in the Oval Office of the White House, as he signs executive orders, in Washington, U.S., January 23, 2025. REUTERS/Kevin Lamarque

President Donald Trump's executive order lumped asylum seekers in with undocumented immigrants — and in so doing, violated federal law, an advocacy group argued in a new court filing.

Two groups out of Texas and one in Arizona are suing all of those who are involved in the mass deportation program.

"Via the Immigration and Nationality Act ('INA'), Congress has created a comprehensive statutory system allowing noncitizens fleeing persecution or torture to seek protection in the United States. Congress has given these individuals statutory rights to apply for asylum and other protections. And it has prohibited the government from returning these individuals to places where they face persecution or torture," the lawsuit said.

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Lee Gelernt, deputy director of the ACLU’s Immigrants’ Rights Project said in a release, it's an
unprecedented power grab that will put countless lives in danger."

“No president has the authority to unilaterally override the protections Congress has afforded those fleeing danger," said Gelernt.

Richard Caldarone, senior litigation attorney at the National Immigrant Justice Center, called the move the "latest flagrantly illegal attempt by the executive branch to end humanitarian protection at the U.S.-Mexico border."

“The immigration laws do not give the president autocratic power to override Congress and brazenly violate U.S. treaty obligations related to the protection of refugees," said Caldarone. "This latest attempt to do so will make thousands of people vulnerable to persecution, torture, and death, and we will not stop fighting until all those who require protection have the opportunity guaranteed by U.S. law to seek asylum in this country.”

And Rochelle Garza, president of the Texas Civil Rights Project, called Trump's directive to suspend asylum entirely "extreme, unjust, and a disservice to families seeking safety at our southern border."

"Denying migrants and displaced individuals from the opportunity to find safety undermines our nation’s values and creates additional strain on our already burdened border communities," Garza said. "Our lawsuit underscores the unlawful nature of this policy and emphasizes the need to protect asylum seekers’ rights. The U.S. should lead by example in implementing fair immigration practices and treating the most vulnerable with dignity."