Biden's Asylum Policy is From Trump's Playbook
May 4, 2023
As soon as a week from today, the Biden administration could implement a policy that would force people to seek asylum and wait for an answer in Mexico, or another country they passed through, with limited exceptions. The proposed change is based off of a Trump-era policy that the ACLU fought in court, and which President Biden previously condemned. It also stands in direct violation of United States asylum laws and will lead people fleeing violence and persecution to face avoidable harm.
President Biden campaigned on promises to restore and strengthen the asylum process. Instead of re-committing the United States to its promise of upholding international humanitarian practices, his administration plans to replace the inhumane Title 42 policy enacted under the Trump administration with a similarly dangerous one, taken straight from the Trump administration's playbook.
Baine Bookey, legal director of the Center for Gender and Refugee Studies, and Katrina Eiland, managing attorney for the ACLU鈥檚 Immigrants' Rights Project, join us today to unpack this rule, the harm it will cause thousands of people, and to explain what the asylum process should look like.
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MassachusettsJan 2026
National Security
Human Rights
Burnley V. U.s.: Demanding Accountability On Caribbean Boat Strikes. Explore Case.Burnley v. U.S.: Demanding Accountability on Caribbean Boat Strikes
On October 14, 2025, the United States military carried out an illegal missile strike that killed Chad Joseph and Rishi Samaroo, two Trinidadian men who were traveling by boat from Venezuela to their homes in Las Cuevas, Trinidad and Tobago. The 老熟女午夜福利, the Center for Constitutional Rights, the 老熟女午夜福利 of Massachusetts, and Professor Jonathan Hafetz of Seton Hall Law School filed suit on behalf of Lenore Burnley, Mr. Joseph鈥檚 mother, and Sallycar Korasingh, Mr. Samaroo鈥檚 sister, seeking redress and accountability for these extrajudicial killings pursuant to the Death on the High Seas Act and the Alien Tort Statute.Status: Ongoing -
Press ReleaseJan 2026
National Security
Human Rights
Families Of Trinidadian Men Killed In Illegal Boat Strike Sue Trump Administration. Explore Press Release.Families of Trinidadian Men Killed in Illegal Boat Strike Sue Trump Administration
BOSTON, MA 鈥 Today, family members of two Trinidadian men killed in a U.S. missile strike in October are suing the U.S. government for wrongful death and extrajudicial killing. Chad Joseph, 26, and Rishi Samaroo, 41, were killed in one of the 36 strikes the Trump administration has launched against civilian boats in the Caribbean and Pacific Ocean. At least 125 people have been killed in these strikes since September 2025. On October 14, Mr. Joseph and Mr. Samaroo were returning from Venezuela to their homes in Las Cuevas, Trinidad and Tobago when a missile struck their boat. Four other people also died in the strike. The plaintiffs are Lenore Burnley, Mr. Joseph鈥檚 mother, and Sallycar Korasingh, Mr. Samaroo鈥檚 sister. They bring this case on behalf of surviving members of Mr. Joseph鈥檚 and Mr. Samaroo鈥檚 families. 鈥淐had was a loving and caring son who was always there for me, for his wife and children, and for our whole family. I miss him terribly. We all do,鈥 said Mr. Joseph鈥檚 mother, Lenore Burnley. 鈥淲e know this lawsuit won鈥檛 bring Chad back to us, but we鈥檙e trusting God to carry us through this, and we hope that speaking out will help get us some truth and closure.鈥 They bring their claims under two federal statutes: the Death on the High Seas Act, a law that allows family members to sue for wrongful deaths occurring on the high seas, and the Alien Tort Statute, which allows foreign citizens to sue in U.S. federal courts for violations of well-recognized human rights norms. 鈥淩ishi used to call our family almost every day, and then one day he disappeared, and we never heard from him again,鈥 said Sallycar Korasingh, Rishi Samaroo鈥檚 sister. 鈥淩ishi was a hardworking man who paid his debt to society and was just trying to get back on his feet again and to make a decent living in Venezuela to help provide for his family. If the U.S. government believed Rishi had done anything wrong, it should have arrested, charged, and detained him, not murdered him. They must be held accountable.鈥 In the complaint filed today, lawyers from the 老熟女午夜福利, the Center for Constitutional Rights, Professor Jonathan Hafetz of Seton Hall Law School, and the ACLU of Massachusetts detail why the boat strikes are 鈥渕anifestly unlawful.鈥 The U.S. is not engaged in an armed conflict, as the government has implausibly claimed, and even during wartime, these strikes would still be illegal under the laws of war, which constrain the indiscriminate and direct use of force against civilians and civilian vessels. 鈥淭he Trump administration鈥檚 boat strikes are the heinous acts of people who claim they can abuse their power with impunity around the world,鈥 said Brett Max Kaufman, senior counsel at the ACLU. 鈥淚n seeking justice for the senseless killing of their loved ones, our clients are bravely demanding accountability for their devastating losses and standing up against the administration鈥檚 assault on the rule of law.鈥 President Trump and Secretary of Defense Pete Hegseth have publicly boasted about and published videos of the strikes 鈥 including the strike that killed Mr. Joseph and Mr. Samaroo. However, the strikes鈥 victims have remained largely anonymous, seen only as specks on a screen. The Trinidadian Foreign Minister Sean Sobers told a local news outlet after the strike that 鈥渢he government has no information linking Joseph or Samaroo to illegal activities.鈥 鈥淚t is absurd and dangerous for any state to just unilaterally proclaim that a 鈥榳ar鈥 exists in order to deploy lethal military force,鈥 said Baher Azmy, legal director of the Center for Constitutional Rights. 鈥淭hese are lawless killings in cold blood; killings for sport and killings for theater, which is why we need a court of law to proclaim what is true and constrain what is lawless. This is a critical step in ensuring accountability, while the individuals responsible may ultimately be answerable criminally for murder and war crimes.鈥 Prior to his murder, Mr. Joseph lived with his wife and their three children in Las Cuevas, Trinidad. To support his family, he often traveled to Venezuela to fish and for farmwork. On October 12, he called his wife to let her know that he had found a boat ride home from Venezuela and would see her in a couple of days. On October 14, his wife and Ms. Burnley saw social media reports of a boat strike; fearing that the boat was his, they repeatedly called him, but got no reply. His family has not heard from him since. Mr. Samaroo was born in El Soccorro, Trinidad, where his elderly father, eight younger siblings, and two of his three sons still reside. His elderly mother lives nearby in San Juan. In 2024, he was released early on parole after serving a 15-year sentence for his participation in a homicide. Following his release, Mr. Samaroo moved to Las Cuevas, where he fished and worked in construction to support himself and his family. In August 2025, he let his family know that he was working on a farm in Venezuela, taking care of goats and cows and making cheese. He would call his family almost every day when he was in Venezuela, and in an Oct. 12 call with Ms. Korasingh, he told her he was returning home to Trinidad and would see her in a few days because their mother had fallen ill, and he wanted to help take care of her. That was the last time Ms. Korasingh or anyone else in the family heard from him. 鈥淯sing military force to kill Chad and Rishi violates the most elementary principles of international law,鈥 said Jonathan Hafetz, a Professor at Seton Hall Law School. 鈥淧eople may not simply be gunned down by the government, and the Trump administration鈥檚 claims to the contrary risk making America a pariah state.鈥 Because non-citizens may bring admiralty claims in any federal court, the lawsuit was filed in Massachusetts, where the federal bench has a long history of deciding admiralty cases.鈥淭he administration's lethal boat strikes violate our collective understanding of right and wrong,鈥 said Jessie Rossman, legal director of the ACLU of Massachusetts. 鈥淩ishi and Chad wanted only to get home safely to their loved ones; the unconscionable attack on their boat prevented them from doing so. It is imperative that we hold this administration accountable, both for their families and for the rule of law itself.鈥Affiliate: Massachusetts -
Press ReleaseJan 2026
National Security
Human Rights
New Poll Shows Voters Overwhelmingly Support Public Accountability For U.s. Boat Strikes. Explore Press Release.New Poll Shows Voters Overwhelmingly Support Public Accountability for U.S. Boat Strikes
NEW YORK 鈥 The 老熟女午夜福利 released new polling today on U.S. voters鈥 views on the U.S. government鈥檚 lethal strikes on civilian boats accused of carrying drugs. As of Jan. 2, 2026, the Trump administration and U.S. military have disclosed 35 strikes, killing at least 114 people. The polling, fielded by YouGov between Dec. 17-19, 2025, shows that an overwhelming majority of U.S. voters, including 97 percent of Democrats, 82 percent of independents, and 70 percent of Republicans, agree that Americans have a right to know more about their government and that the government should release the full unedited videos of the strikes. Moreover, a majority of voters, including 87 percent of Democrats, 53 percent of independents, and 15 percent of Republicans disapprove of the strikes, and 7 in 10 respondents believe that the administration has not yet clearly shown evidence that justify the actions. The survey also dug into U.S. voters鈥 opinion on what Congress should do about these strikes and found bipartisan support for more transparency and accountability. In particular: 58 percent of voters say that the Trump administration should 鈥渄efinitely鈥 release its legal justification for the strikes on civilian boats to the public, along with an additional 25 percent saying that it should 鈥減robably鈥 do so. Overall, 95 percent of Democrats, 78 percent of independents, and 73 percent of Republicans believe the administration should either 鈥渄efinitely鈥 or 鈥減robably鈥 release the justification. 63 percent of respondents support the U.S. government releasing the unedited videos of the boat strikes, including the video of the Sept. 2, 2025, strike that allegedly killed shipwrecked survivors. Overall, 82 percent of Democrats, 51 percent of independents, and 44 percent of Republicans hold this view. 58 percent of voters support Congress holding a public hearing with government o铿僣ials responsible for the boat strikes, including 83 percent of Democrats, 56 percent of independents, and 31 percent of Republicans. 鈥淥ur polling makes clear that an overwhelming number of Americans on both sides of the aisle want Congress to step up and hold the Trump administration publicly accountable for its illegal strikes on civilian boats in the Caribbean,鈥 said Christopher Anders, director of ACLU鈥檚 Democracy and Technology Division. 鈥淭his means open hearings with the officials responsible for these murders, as well as releasing both the legal justification and unedited videos of the strikes. Given the life-or-death stakes of the president鈥檚 use of force, it鈥檚 imperative that this transparency and accountability comes immediately.鈥 According to the poll, about half of respondents 鈥 51 percent 鈥 either strongly or somewhat agree that using missile strikes to fire upon boats o铿 the coast of Venezuela that might be carrying drugs constitutes murder. This includes 79 percent of Democrats, 50 percent of independents, and 20 percent of Republicans. The number is even higher when voters are asked about the September double-tap boat strike that fired upon defenseless survivors. These results come amidst an ACLU, Center for Constitutional Rights, and New York Civil Liberties Union lawsuit seeking the public release of the Trump administration鈥檚 legal justification for the strikes. The poll is based on 1,016 interviews conducted by YouGov on the internet of registered voters nationwide between Dec. 17 and 19, 2025. Respondents were selected from YouGov to be representative of registered voters. The margin of error is approximately 3.7 percent.Court Case: FOIA Case Seeking the Trump Administration鈥檚 Legal Justification for Deadly Boat Strikes -
Court CaseDec 2025
National Security
Human Rights
Foia Case Seeking The Trump Administration鈥檚 Legal Justification For Deadly Boat Strikes. Explore Case.FOIA Case Seeking the Trump Administration鈥檚 Legal Justification for Deadly Boat Strikes
The Department of Justice鈥檚 Office of Legal Counsel (鈥淥LC鈥) authored a legal opinion that reportedly claims to justify the Trump administration鈥檚 illegal lethal strikes on civilians in boats in the Caribbean Sea and eastern Pacific Ocean. Media reports indicate that, in addition to claiming that the strikes are lawful acts in an alleged 鈥渁rmed conflict鈥 with unspecified drug cartels, the OLC opinion also purports to immunize personnel who authorized or took part in the strikes from future criminal prosecution. Because the public deserves to know how our government is justifying these illegal strikes, and why they think the people who carried them out should not be held accountable, the ACLU is seeking immediate release of the OLC legal opinion and related documents pursuant to the Freedom of Information Act.Status: Ongoing