Migrant mothers and children sue over asylum ban

Sept 17 (Reuters) - More than 125 migrant mothers and children have sued the U.S. government, claiming the Trump administration has violated the rights of asylum-seekers through the arbitrary and capricious implementation of a virtual asylum ban at the southern border.

The lawsuit, filed late on Monday, was the first to challenge President Donald Trump over asylum since the U.S. Supreme Court decided last week that an anti-asylum rule will be allowed to take effect while a separate lawsuit on its underlying legality is heard.

Unlike other suits that have targeted the asylum rule itself, the latest filing challenges the Trump administration on procedural grounds, saying the government has enacted changes without warning, resulting in elevated rejection rates for asylum-seekers.

With the administration rolling out a series of anti-immigration regulations in rapid succession, asylum-seekers are not being told which of the shifting standards will apply to their cases, said Hassan Ahmad, the lead attorney on the lawsuit.

"What we're challenging is the haphazard lack of legal procedure. There's no rhyme or reason to it," Ahmad said.

The plaintiffs are 126 women and children from 59 families, mostly from the impoverished and violent Central American countries of El Salvador, Honduras and Guatemala, who were rejected in the early stages of the asylum process while staying at the South Texas Family Residential Center in Dilley, Texas.

The suit was filed in U.S. District Court in Washington, D.C.

17 PHOTOS
Migrants trekking to the United States rely on faith
See Gallery
Migrants trekking to the United States rely on faith

Pastor Jose Murcia, 47, preaches to migrants, part of a caravan of thousands from Central America traveling to the U.S., outside a temporary shelter in Tijuana, Mexico November 24, 2018.

(REUTERS/Alkis Konstantinidis)

Nicolas Alonso Sanchez, 47, from Honduras, part of a caravan of thousands of migrants from Central America traveling to the U.S., poses for a picture as he holds a cross at a temporary shelter in Tijuana, Mexico November 24, 2018. "God helped me and gave me the strength, helped me to make my dreams come true. God gave me all the strength to get all the way here," Sanchez said. 

(REUTERS/Alkis Konstantinidis)

Migrants, part of a caravan of thousands from Central America traveling to the U.S., pray before food distribution outside a temporary shelter in Tijuana, Mexico December 1, 2018. 

(REUTERS/Alkis Konstantinidis)

Juan Francisco, 25, from Honduras, part of a caravan of thousands of migrants from Central America traveling to the U.S., shows his tattoo of the 23rd Psalm of the Book of Psalms as he poses for a picture outside a temporary shelter in Tijuana, Mexico November 26, 2018. 

(REUTERS/Alkis Konstantinidis)

Victor Alfonso, 29, from Guatemala, part of a caravan of thousands of migrants from Central America traveling to the U.S., poses for a picture as he wears charms depicting the Virgin of Guadalupe at a temporary shelter in Tijuana, Mexico November 26, 2018. 

(REUTERS/Alkis Konstantinidis)

David Amador, 25, from Honduras, part of a caravan of thousands of migrants from Central America traveling to the U.S., poses for a picture as he holds a cross at a temporary shelter in Tijuana, Mexico November 28, 2018. 

(REUTERS/Alkis Konstantinidis)

Migrants, part of a caravan of thousands from Central America traveling to the U.S., raise their hands while praying before moving by buses to a new shelter, in Tijuana, Mexico November 30, 2018. 

(REUTERS/Alkis Konstantinidis)

A migrant, part of a caravan of thousands from Central America traveling to the U.S., is wrapped with a banner depicting the Virgin of Guadalupe in front of a riot police cordon, as migrants try to reach the border wall between the U.S. and Mexico in Tijuana, Mexico November 25, 2018. 

(REUTERS/Alkis Konstantinidis)

Herso, 17, from Honduras, part of a caravan of thousands of migrants from Central America traveling to the U.S., poses for a picture as he wears a t-shirt depicting the Virgin of Guadalupe outside a temporary shelter in Tijuana, Mexico November 24, 2018.

(REUTERS/Alkis Konstantinidis)

A booklet of Psalm 119:105 is left on a self-made tent at a temporary shelter of a caravan of thousands of migrants from Central America traveling to the U.S., in Tijuana, Mexico November 27, 2018.

(REUTERS/Alkis Konstantinidis)

Migrants, part of a caravan from El Salvador traveling to the U.S., pray as they are blocked by the Mexican police during an operation to detain them for entering the country illegally, in Metapa, Mexico November 21, 2018. 

(REUTERS/Alkis Konstantinidis)

Migrants, part of a caravan of thousands from Central America traveling to the U.S., raise their hands as they listen to the preaching of pastor Jose Murcia (not pictured) outside a temporary shelter in Tijuana, Mexico November 24, 2018. 

(REUTERS/Alkis Konstantinidis)

A migrant, part of a caravan of thousands from Central America traveling to the U.S., sleeps with a book in Spanish "What does the Bible teach us?" in a temporary shelter in Tijuana, Mexico November 24, 2018. 

(REUTERS/Alkis Konstantinidis)

A writing "Jesus Christ is the Lord" is seen on a car window outside a temporary shelter for a caravan of thousands of migrants from Central America traveling to the U.S., in Tijuana, Mexico November 24, 2018. 

(REUTERS/Alkis Konstantinidis)

Elmer, 29, from Honduras, part of a caravan of thousands of migrants from Central America traveling to the U.S., poses for a picture as he holds an icon depicting Jesus Christ and the Virgin of Guadalupe while lining up for food distribution outside a temporary shelter in Tijuana, Mexico November 24, 2018. 

(REUTERS/Alkis Konstantinidis)

Juan Francisco, 25, from Honduras, part of a caravan of thousands of migrants from Central America traveling to the U.S., shows his tattoo reading "I can do everything with Christ who strengthens me" as he poses for a picture outside a temporary shelter in Tijuana, Mexico November 26, 2018. 

(REUTERS/Alkis Konstantinidis)

An image of the Virgin of Guadalupe is seen in a tent of migrants part of a caravan of thousands from Central America trying to reach the United States, on a street in Tijuana, Mexico, December 15, 2018.

(REUTERS/Carlos Garcia Rawlins)

HIDE CAPTION
SHOW CAPTION
of
SEE ALL
BACK TO SLIDE

Trump's virtual asylum ban at the southern border denies migrants if they did not first seek safe haven in another country that they traveled through on the way to the United States, such as Mexico or Guatemala.

Other lawsuits previously filed challenge the rule itself, and lower courts had agreed to block implementation immediately. But in a big victory for Trump, the Supreme Court last Wednesday allowed the rule to take effect immediately while the trial is heard.

As a result, immigration judges can reject asylum claims, regardless of their merits, if the applicant did not first seek asylum in another country.

The Justice Department did not immediately respond to a request for comment.

The Trump administration has called the surge of Central American immigration a crisis and says most migrants falsify asylum claims as a ruse to gain entry to the United States. (Reporting by Daniel Trotta; Editing by Dan Grebler)

Read Full Story

Sign up for Breaking News by AOL to get the latest breaking news alerts and updates delivered straight to your inbox.

Subscribe to our other newsletters

Emails may offer personalized content or ads. Learn more. You may unsubscribe any time.