ACLU, Partners File New Lawsuit Challenging S.B. 4, Texas’ Deportation Scheme 

Despite abhorrent conditions and increasing deaths in ICE detention, the Trump administration’s new warehouse detention system would increase capacity to 96,000 people and undoubtedly lead to continued abuse.

WASHINGTON — A federal appeals court today ruled that President Trump’s Day 1 proclamation aimed at completely shutting down asylum at the border is unlawful. The D.C. Circuit Court of Appeals rejected the Trump administration’s claim that the “212(f)” proclamation allowed the president to summarily deport asylum seekers who cross the border without allowing them to seek protection as required by Congress. The proclamation had falsely cited an “invasion” as the pretext for denying asylum protections for people who are at risk of persecution. The appeals court held that the government cannot subvert the laws Congress passed with extra-statutory procedures to block people from seeking asylum, which puts tens of thousands of lives at risk. The American Civil Liberties Union, National Immigrant Justice Center, Center for Gender & Refugee Studies, Texas Civil Rights Project, ACLU of the District of Columbia, and ACLU of Texas brought the federal lawsuit on behalf of Refugee and Immigrant Center for Education and Legal Services, Las Americas Immigrant Advocacy Center, and the Florence Immigrant & Refugee Rights Project, which provide legal services to asylum seekers, and a nationwide class of people barred from seeking protection in the United States under this proclamation. The following is reaction to today’s ruling: “This decision puts an end to the inhumane Trump policy of sending people, including families with little children, back to horrific danger without even a hearing,” said ACLU attorney Lee Gelernt, who argued the appeal. “The court made clear that the president does not have the unilateral power to wipe away all of the asylum laws enacted by Congress.” “The circuit court reaffirmed our conviction that a president cannot unilaterally eliminate the right to seek asylum by executive order. We hope that the U.S. government remembers its obligation to consider applications for refugee protections and recommits to upholding the basic rights of people fleeing persecution,” said Keren Zwick, director of litigation at the National Immigrant Justice Center. “Today marks a victory for the right of people to move freely across borders. It’s a moment to celebrate the connections we have with others, regardless of artificial boundaries,” said Daniel Hatoum, senior supervising attorney at the Texas Civil Rights Project. “Today's D.C. Circuit ruling affirms that capricious actions by the president cannot supplant the rule of law in the United States. The right to seek asylum is firmly grounded in U.S. law and binding international obligations. This decision is a meaningful victory for our clients, who have been denied access to protection under policies deliberately designed to shut the door on people fleeing violence and persecution — policies that are inconsistent with those legal standards and basic due process. As organizational plaintiffs in this case, we fought this because in border communities like ours, we see the human consequences every day. Individuals and families arriving here are seeking lawful protection and the opportunity to live and work safely,” said Nicolas Palazzo, director of advocacy and legal services of Las Americas Immigrant Advocacy Center. “Today’s decision is a win for every person who seeks safety and protection at our borders,” said Laura St. John, the legal director for the Florence Immigrant & Refugee Rights Project. “The right to seek asylum in the U.S. is protected by law, and no unilateral executive action can nullify the laws and system Congress has created. We are relieved to see the D.C. Circuit Court of Appeals affirm these principles. We call on the U.S. government to immediately move to uphold its obligation to people seeking protection and restart asylum processing at once.” “Since January of last year, the government has used the proclamation to implement a near-total shutdown of asylum processing, slamming the door on vulnerable families, children, and adults seeking refuge,” said Melissa Crow, director of litigation at the Center for Gender & Refugee Studies (CGRS). “As the court rightly concluded, U.S. law is clear: People seeking safety have a legal right to apply for asylum. The government cannot wield racist, baseless claims of an ‘invasion’ to override Congress and deprive them of that right.” “The D.C. Circuit's decision today confirms what we have long known to be true: U.S. immigration policy, as codified by law, does not grant the president unchecked, autocratic power to override Congress,” said Faisal Al-Juburi, co-chief executive officer at RAICES. “The rule of law is fundamental to our nation, and an independent judiciary remains essential to upholding this principle.” “This ruling confirms that the president cannot invent false pretenses to eliminate life-or-death rights for refugees seeking asylum,” said Arthur Spitzer, senior counsel at the ACLU of the District of Columbia. “Thankfully, the courts still function in a fact-based world and rejected the president's false claims of invasion.” The ruling is here. Case background is here.

NEW YORK — More than 120 civil society groups issued a travel advisory today warning that fans, players, journalists and other visitors traveling for the 2026 FIFA Men’s World Cup could be at risk of serious rights violations as the Trump administration doubles down on its draconian immigration and anti-human rights agenda. In their advisory, the groups state that, in the absence of meaningful action from FIFA, host cities or the Trump administration, people traveling to the United States and domestically could be at risk of: Arbitrary denial of entry and risk of arrest, detention and/or deportation Expanded restrictions and limitation on travel and entry to the U.S. Invasive social media screening and searches of electronic devices Violent and unconstitutional immigration enforcement, including racial profiling Suppression of speech and protest and increased surveillance Cruel, inhuman, or degrading treatment – and even death – while in ICE detention or custody The advisory also encourages travelers, including thousands of journalists expected to cover the games, to take steps to protect themselves, such as securing electronic devices by removing facial recognition capabilities when traveling; alerting family, friends or trusted colleagues of plans to travel to and within the U.S.; and consulting other “Know Your Rights” resources. The 2026 World Cup, which will be held between June 11 and July 19, could bring as many as 10 million visitors to 11 U.S. cities this summer, making it the largest sporting event in history. In February 2026 – just days after ICE agents shot and killed Nicole Good in Minneapolis – ICE said agents would play a “key part” in the security at this summer’s tournament, raising concerns of potential ICE violence and increased enforcement activity in host cities. Quotes from signatories are as follows: “FIFA has been paying lip service to human rights while cozying up with the Trump administration, putting millions of people at risk of being harmed and their basic rights violated,” said Jamil Dakwar, ACLU human rights program director. “The Trump administration’s abusive actions continue to threaten our communities, tourists, and fans alike – and it’s past time that FIFA use its leverage to push for meaningful policy changes and binding assurances that will make people feel safe to travel and enjoy the games.” “The specter of immigration enforcement this summer has become the leading concern among grassroots organizations across host cities. Irrespective of their focus area – housing, labor, immigration – this issue has become a galvanizing topic. With less than two months to go, we are still waiting for public commitments from FIFA and host city organizers about plans to protect residents, workers, and visitors. The silence has been deafening,” said Jennifer Li, who leads Dignity 2026, a national coalition working with grassroots groups in host cities, which counts multiple signatories among its members. “We are excited for fellow supporters to experience the World Cup and our North American soccer culture, but there are still too many unknowns across host cities. This advisory is about urging caution so that fans can arrive prepared, stay safe, and avoid preventable issues that could also place a strain on local communities and resources,” said Bailey Brown, President of the Independent Supporters Council North America. “Fans, journalists and others traveling to the United States for the 2026 FIFA World Cup risk encountering a deeply troubling human rights landscape, shaped by the Trump administration’s racist immigration policies, mass detention and deportation, and attacks on freedom of expression and peaceful protest,” said Daniel Noroña, Americas Advocacy Director with Amnesty International USA. “If the U.S. government and host cities cannot guarantee the rights and safety of all, this tournament risks falling far short of FIFA’s promise of a safe, welcoming, and inclusive event, for traveling fans, journalists, players and people already living in the U.S. alike."   The full travel advisory is available here: https://www.aclu.org/documents/2026-world-cup-travel-advisory Spanish translation: https://www.aclu.org/documents/spanish-translation-2026-world-cup-travel-advisoryArabic translation: https://www.aclu.org/documents/arabic-2026-world-cup-travel-advisory French translation: https://www.aclu.org/documents/french-2026-world-cup-travel-advisory