Three immigrant advocacy organizations have filed a lawsuit against the Trump administration, challenging a recent proclamation that effectively blocks asylum seekers and other migrants from accessing protections under U.S. immigration laws.
The lawsuit, filed in the U.S. District Court for the District of Columbia, alleges that the proclamation violates federal statutes, the U.S. Constitution, and long-standing legal protections for individuals fleeing persecution and torture.
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The plaintiffs—Refugee and Immigrant Center for Education and Legal Services (RAICES), Las Americas Immigrant Advocacy Center, and Florence Immigrant & Refugee Rights Project—argue that the proclamation, issued on January 20, 2025, unlawfully suspends the rights of noncitizens to seek asylum, withholding of removal, and protection under the Convention Against Torture (CAT).
The proclamation, titled Guaranteeing the States Protection Against Invasion, invokes Section 212(f) of the Immigration and Nationality Act (INA) and constitutional authority to declare an “invasion” at the southern border, allowing the government to summarily expel migrants without due process.
The proclamation, signed by President Donald Trump, suspends the entry of noncitizens deemed to be “engaged in the invasion across the southern border” and restricts their ability to invoke protections under the INA, including asylum. It also directs the Department of Homeland Security (DHS) to “take all appropriate action to repel, repatriate, or remove” such individuals without providing them access to credible fear interviews or other procedural safeguards mandated by Congress.
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“This proclamation is as unlawful as it is unprecedented,” the complaint states. “It wipes away decades of statutory protections for individuals fleeing persecution and torture, replacing them with a system of summary expulsion that violates both the letter and spirit of U.S. immigration law.”
The lawsuit argues that the proclamation exceeds the President’s authority under Section 212(f) of the INA, which allows the President to suspend the entry of noncitizens but does not permit the expulsion of individuals already physically present in the United States. The plaintiffs also contend that the proclamation violates the asylum statute, the withholding of removal statute, the Foreign Affairs Reform and Restructuring Act (FARRA), and the Trafficking Victims Protection Reauthorization Act (TVPRA).
“Congress has created a comprehensive system to ensure that individuals fleeing persecution or torture can seek protection in the United States,” the complaint states. “The President cannot unilaterally override these statutes by proclamation.”
The plaintiffs further argue that the proclamation violates the Administrative Procedure Act (APA) by failing to provide a reasoned explanation for its drastic departure from established immigration laws and procedures.
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They also assert that the proclamation infringes on the separation of powers by allowing the Executive Branch to disregard Congressional mandates.
The lawsuit highlights the significant harm the proclamation has caused to the plaintiffs’ ability to carry out their missions. RAICES, Las Americas, and the Florence Project provide critical legal services to asylum seekers and other migrants, including representation in credible fear interviews and removal proceedings. The proclamation has effectively shut down these services, leaving vulnerable individuals without access to legal assistance.
“The proclamation eliminates our ability to engage in our core work of representing noncitizens in the credible fear process,” said Lindsay C. Harrison, an attorney for the plaintiffs. “It also prevents noncitizens from accessing the full hearings they are entitled to under the law.”
The lawsuit names several high-ranking officials as defendants, including DHS Secretary Kristi Noem, Acting Attorney General James McHenry, and President Donald Trump.
The plaintiffs are seeking a declaration that the proclamation is unlawful, an injunction blocking its implementation, and an order requiring the government to pay attorneys’ fees and costs.
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