The American Bar Association is urging the Department of Homeland Security to reverse a new rule requiring asylum seekers to wait in Mexico while their cases are pending.

The Trump administration announced in December that migrants who cross the U.S. southern border and apply for asylum must remain in Mexico while their claims are processed, NPR reported at the time. Before the change, most asylum seekers were allowed to stay in the U.S. while their claims were pending in immigration court. https://n.pr/2CNpdZ5

In a statement issued Thursday, ABA said the rule change violates long-standing provisions of the Immigration and Nationality Act and due process of law. It also severely impedes access to counsel and could concentrate asylum claims in a few immigration courts, according to the group.

"Under the Immigration and Nationality Act, noncitizens in removal proceedings have a right to be represented by an attorney of their choosing," ABA said. "Forcing them to remain in Mexico while their asylum claims are pending, without any plan to ensure that they have access to counsel and U.S. courts, violates their due process rights. This policy is inconsistent with our nation's commitment to the rule of law and our country's history of providing refuge and safe haven for those who are persecuted."

The ABA request comes in the midst of a partial government shutdown that has resulted in the Department of Homeland Security furloughing many of its employees, although its law enforcement and maritime protection activities remain up and running, according to an agency statement on its website.

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