President Donald Trump has blamed USA asylum rules for luring thousands of migrants a year from Central American countries. "It is illegal to circumvent that by agency or presidential decree", Omar Jadwat, director of the ACLU's Immigrants' Rights Project, responded in in a statement.
Under the rule, migrants seeking asylum will have to make their claims at official ports of entry on the border.
Slate reported on November 5 that Kavanaugh has declined to "run interference" for Trump in three of his early rulings - when he declined to rule on the controversial citizenship question on the 2020 Census; when he did not publicly share his vote on the deposition of former commerce secretary Wilbur Ross and stayed mum on the court's decision to punt the legality of the citizenship question to a circuit court.
Drawing on national security powers, the Departments of Homeland Security and Justice issued a fast-track rule barring immigrants from seeking asylum if they first enter the USA illegally.
"Our asylum system is overwhelmed with too many meritless asylum claims from aliens who place a tremendous burden on our resources, preventing us from being able to expeditiously grant asylum to those who truly deserve it", said the joint statement.
Many politicians on both sides of the aisle agree that the USA immigration system is hugely inefficient and unable to cope with demand.
Immigration was a major focus in President Trump's 2018 mid-term election campaign.
Trump said last week that he planned to modify the asylum process to make it more hard for Central American migrants in the caravan to request protection.
"Beyond Trump's dehumanizing rhetoric are mothers, fathers, and children fleeing extremely risky situations enduring a perilous journey because they've had no choice but to leave their home".
One senior administration official spoke to reporters in a news briefing on condition of anonymity. Backlogs have become especially bad in recent months at crossings in California, Arizona and Texas, with some people waiting five weeks to try to claim asylum at San Diego's main crossing.
The busy ports of entry already had long lines and waits, forcing immigration officials to tell some migrants to come back to make their claims.
Last week, he said he would be taking steps to limit asylum claims. A report by the left-leaning Washington Office on Latin America suggested that "the number of unaccompanied children and family members admitted to the ports of entry, mainly for protection requests, plummeted by 42 percent from May to June".