Jun 4, 2024 - Politics & Policy

ACLU to sue over Biden’s border executive order

President Joe Biden delivers remarks on former U.S. President Donald Trump’s guilty verdict in his hush-money trial

President Biden delivers remarks on former President Trump's guilty verdict in his hush-money trial. Photo: Chip Somodevilla/Getty Images

The American Civil Liberties Union announced plans to sue the White House over President Biden's new executive order that would close off access to asylum when border numbers surge.

Why it matters: The organization signaled its plans to sue even before Biden signed the order, demonstrating how fierce opposition to the move will be.

  • "We intend to sue. A ban on asylum is illegal just as it was when Trump unsuccessfully tried it," Lee Gelernt, who successfully argued a similar challenge under former President Trump, told Axios.

Between the lines: The Biden administration was prepared to face rapid legal challenges.

  • Officials say humanitarian exemptions and the fact that the asylum restrictions will only lock into place when border numbers surge make Biden's order different from similar actions attempted by Trump via executive order.
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