The Biden restrictions remain in place and are subject to a separate ACLU legal challenge.
Lee Gelernt, an ACLU attorney who has litigated other prominent asylum cases, said Trump's ban was unprecedented. "It eliminates all avenues to seek asylum, completely ignoring the statutory system created by Congress," Gelernt said in a statement. "Countless families will be in danger based on the pretense that we are under an invasion by desperate immigrants."
The ACLU-led lawsuit was filed on behalf of three immigrant advocacy groups in Texas and Arizona in federal court in Washington, D.C.
The ACLU blocked several Trump policies restricting asylum during his 2017-2021 presidency.