Immigration lawyers and advocates filed a class-action lawsuit Wednesday against Homeland Security Secretary John Kelly and other government officials alleging that border officers have violated the law by denying arrivals their right to apply for asylum.
The lawsuit filed in U.S. District Court in California, first reported by The Washington Post, states that U.S. Customs and Border Protection officials have not allowed arrivals at the border to state their fears of persecution and apply for asylum.
The complaint alleges border officials have used “misrepresentations, threats and intimidation, verbal abuse and physical force” in violating U.S. and international law regarding the rights of asylum seekers.
Some border officials have told people seeking asylum that “Donald Trump just signed new laws saying there is no asylum for anyone,” the lawsuit alleges.
Under international and U.S. law, foreigners entering the U.S. who express a fear of being returned to their home country are required to receive an interview with an asylum officer at the border.
If they pass this “credible fear” interview with an immigration official pledging their case for asylum, an applicant gets a court date before a judge.
To earn asylum, a person must show they are being persecuted because of their race, religion, nationality, or political beliefs.
Before the lawsuit was filed, the Department of Homeland Security denied it had changed its process.
“As we continue to work toward protecting our borders, CBP has not changed any policies affecting asylum procedures,” the statement said.
But, in January, immigrant advocates filed a complaint with Homeland Security’s Office for Civil Rights and Civil Liberties alleging a “systemic” practice of rejecting asylum seekers.
There has been a surge in asylum cases in recent years, mostly involving Central Americans fleeing gang violence.
Those numbers have decreased in the early months of the Trump administration.
The lawsuit was filed by Al Otro Lado and six people who are represented by the American Immigration Council, the Center for Constitutional Rights, and the law firm of Latham and Watkins.
