The motion alleges that CBP has been engaging in misleading and unlawful practices, including:
- CBP officials falsely telling arriving asylum-seekers that: asylum is not available at that particular Port of Entry
- They cannot apply for asylum because there is not enough space at the location
- They first need to check in with Mexican authorities before applying in the U.S.
- The U.S. government has stopped granting asylum
The suit also describes CBP officials using “threats and intimidation” to deter individuals from exercising their right to apply for asylum, including “threatening to separate parents from their children” and forcing asylum-seekers who have made it into a port of entry “to recant their fears or otherwise to withdraw their applications for admission to the U.S.”
If the suit is successful, it would mean that CBP cannot prevent asylum-seekers from gaining access to the asylum process through the tactics described. It would also lay the groundwork for officers to be held accountable for such actions.
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