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ACLU sues Biden administration over new executive action on the southern border

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ACLU sues Biden administration over new executive action on the southern border

President Biden delivers remarks on June 4 on executive actions to limit asylum.

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The ACLU filed a lawsuit in federal court on Wednesday challenging the Biden administration’s new executive actions that block migrants from seeking asylum at the southern U.S. border when crossings surge.

Lee Gelernt, the lead attorney for the ACLU, told NPR that President Biden’s new measures are nearly identical “from a legal standpoint” to ones that former President Donald Trump used to try to ban migrants from seeking asylum between ports of entry.

But Gelernt said Congress has been “crystal clear” that asylum seekers can request relief “whether or not you enter at a port.”

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“We are challenging President Biden’s executive action because it’s flatly illegal and inconsistent with the asylum laws that Congress passed decades ago,” Gelernt said in an interview.

“President Trump enacted a nearly identical asylum ban, and we successfully challenged that. We have no choice but to challenge this one as well.”

The lawsuit was filed on behalf of two Texas advocacy groups: Las Americas Immigrant Advocacy Center and the Refugee and Immigrant Center for Education and Legal Services.

The lawsuit doesn’t seek an emergency injunction for the new rules

The Biden administration announced the rules last week. Specifically, they bar migrants from seeking asylum when they cross into the country between ports of entry when border encounters rise above 2,500 per day.

The restrictions can be lifted two weeks after daily numbers dip below 1,500 people.

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Migrants walk on the U.S. side of the border wall in Jacumba Hot Springs, Calif., on June 5, after crossing from Mexico.

Migrants walk on the U.S. side of the border wall in Jacumba Hot Springs, Calif., on June 5, after crossing from Mexico.

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The lawsuit alleges the Biden rule violates legal procedures for agency rulemaking and adjudications because it did not justify “radical departures” from prior practices and because the public didn’t have the chance to comment before the rule took effect.

However, the lawsuit did not seek an emergency injunction to block the administration from applying the new rule. Gelernt said that is an option for the future once advocates find specific migrants who have been harmed by the measure.

Biden is under pressure over the border

The border has become an increasingly difficult issue for Biden, given the record number of migrants coming across the border – and because polls show most Americans don’t approve of the way he has handled the challenge.

When he announced the new measures last week, Biden said he was forced to take unilateral action after Republicans rejected a bipartisan compromise on legislation. Trump had opposed the compromise..

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The lawsuit was not unexpected. The ACLU announced its plans to sue as soon as Biden announced his measures. The Biden administration has said it is prepared to defend the new rules.

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US says Kuwait accidentally shot down 3 American jets

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US says Kuwait accidentally shot down 3 American jets

The U.S. and Israel have been conducting strikes against targets in Iran since Saturday morning, with the aim of toppling Tehran’s clerical regime. Iran has fired back, with retaliatory assaults featuring missiles and drones targeting several Gulf countries and American bases in the Middle East.

“All six aircrew ejected safely, have been safely recovered, and are in stable condition. Kuwait has acknowledged this incident, and we are grateful for the efforts of the Kuwaiti defense forces and their support in this ongoing operation,” Central Command said.

“The cause of the incident is under investigation. Additional information will be released as it becomes available,” it added.

In a separate statement later Monday, Central Command said that American forces had been killed during combat since the strikes began.

“As of 7:30 am ET, March 2, four U.S. service members have been killed in action. The fourth service member, who was seriously wounded during Iran’s initial attacks, eventually succumbed to their injuries,” it said.

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Major combat operations continue and our response effort is ongoing. The identities of the fallen are being withheld until 24 hours after next of kin notification,” Central Command added.

This story has been updated.

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Satellite images provide view inside Iran at war

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Satellite images provide view inside Iran at war

Smoke rises over Konarak naval base in southern Iran on Sunday. The base was one of hundreds of targets of U.S. and Israeli forces throughout the country.

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Commercial satellite images are providing a unique look at the extent of damage being done to Iran’s military facilities across the country.

The U.S. and Israeli military campaign opened with a daytime attack that struck Iranian leadership in central Tehran. Smoke was still visible rising from Ayatollah Ali Khamenei’s compound following the attack that killed the supreme leader.

An image by the company Airbus taken on Saturday shows the aftermath of an Israeli strike on Iran's Leadership House in central Tehran. Iran's Supreme Leader Ayatollah Ali Khamenei was killed in the opening wave of attacks.

An image by the company Airbus taken on Saturday shows the aftermath of an Israeli strike on Iran’s Leadership House in central Tehran. Iran’s Supreme Leader Ayatollah Ali Khamenei was killed in the opening wave of attacks.

Pléiades Neo (c) Airbus DS 2026

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Pléiades Neo (c) Airbus DS 2026

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Israel and the U.S. have gone on to strike targets across the country. Reports on social media indicate that there have been numerous military bases and compounds attacked all over Iran, and Iran has responded with attacks throughout the Middle East.

U.S. forces have also been striking at Iran’s navy. In a post on his social media platform, President Trump said that he had been briefed that U.S. forces had sunk nine Iranian naval vessels. U.S. Central Command did not immediately confirm that number but it did say it had struck an Iranian warship in port.

An image captured on February 28 shows a ship burning at Iran's naval base at Konarak.

An image captured on Saturday shows a ship burning at Iran’s naval base at Konarak.

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Numerous satellite images show burning vessels at Konarak naval base in southern Iran. Images also show damage to a nearby airbase where hardened hangers were struck by precision munitions.

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Hardened aircraft shelters at Konarak Airbase were struck with precision munitions.

Hardened aircraft shelters at Konarak airbase were struck with precision munitions.

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And there was extensive damage at a drone base in the same area. Iran has launched numerous drones and missiles toward Israel and U.S. military installations in Bahrain, Kuwait and Qatar. Many drones have been intercepted but videos on social media show that some have evaded air defenses and caused damage in nearby Gulf countries. In Dubai, debris from an Iranian drone damaged the iconic Burj Al Arab, according to a statement from Dubai’s government.

Buildings at an Iranian drone base at Konarak were destroyed in the strikes.

Buildings at an Iranian drone base at Konarak were destroyed in the strikes.

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Iran’s most powerful weapons are its long-range missiles. The Iranian Revolutionary Guards have hidden the missiles deep inside mountain tunnels. Images taken Sunday in the mountains of northern Iran indicate that some of those tunnels were hit in a wave of strikes.

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Following Khamenei’s death, Iran declared 40 days of mourning. Satellite images showed mourners gathering in Tehran’s Enghelab square on Sunday.

Iranian Foreign Ministry Spokesperson Esmail Baghaei told NPR on Sunday that Iran will continue to fight “foreign aggression, foreign domination.”

A White House official told NPR that Trump plans to talk to Iran’s interim leadership “eventually,” but that for now, U.S. operations continue in the region “unabated.”

A large crowd of mourners fill Enghelab Square in Tehran on Sunday, following the death of Iran's Supreme Leader Ayatollah Ali Khamenei, who was killed in an Israeli airstrike.

A large crowd of mourners fill Enghelab Square in Tehran on Sunday, following the death of Iran’s Supreme Leader Ayatollah Ali Khamenei, who was killed in an Israeli airstrike.

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Video: What the Texas Primary Battle Means for the Midterms

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Video: What the Texas Primary Battle Means for the Midterms

new video loaded: What the Texas Primary Battle Means for the Midterms

The first battle of the midterm elections will be the U.S. Senate primary in Texas. Our Texas bureau chief, David Goodman, explains why Democrats and Republicans across the U.S. are watching closely to see what happens in the state.

By J. David Goodman, Alexandra Ostasiewicz, June Kim and Luke Piotrowski

March 1, 2026

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