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Lawsuit Now Covers Thousands of Asylum Seekers Unlawfully Turned Back at Ports of Entry

Federal court grants class certification in case challengingTrump administration immigration policy

SAN DIEGO鈥 A federal judge has granted class certification in Al Otro Lado v. Wolf, a lawsuit challenging the Trump administration鈥檚 policy of turning back asylum seekers at ports of entry. The ruling provides that the challenge to the Turnback Policy will continue on behalf of all asylum seekers along the U.S.-Mexico border who were or will be prevented from accessing the asylum process at ports of entry as a result of the government鈥檚 Turnback Policy.听

鈥淭his ruling is a huge victory in a case that wouldn't have been necessary had the government not set out to punish asylum seekers for following the government鈥檚 own rules,鈥 said Erika Pinheiro, Al Otro Lado鈥檚 Litigation and Policy Director. 鈥淎nd while today鈥檚 ruling is an important win for asylum seekers, it is just one step in the effort to defeat the Trump administration鈥檚 war on asylum.鈥
鈥淭his is an incredibly important ruling for the tens of thousands of asylum seekers who would otherwise be denied access to the asylum process,鈥 said Melissa Crow, senior supervising attorney with the Southern Poverty Law Center鈥檚 (人兽性交鈥檚) Immigrant Justice Project. 鈥淪ince the earliest days of this administration, DHS has sought to systematically dismantle our asylum system. This policy, which has turned back countless men, women and children after they presented themselves at ports of entry along the U.S.-Mexico border was one of the first implemented as part of this cruel campaign targeting asylum seekers.鈥

鈥淚n granting class certification, the district court correctly identified the truly expansive reach of the metering policy. Its effects are felt far beyond a singular port of entry but along the entire southern border, needlessly forcing thousands of asylum seekers to make harrowing decisions about how to keep themselves and their loved ones safe during times of utter vulnerability,鈥 said Angelo Guisado, a staff attorney at the Center for Constitutional Rights.

鈥淭oday鈥檚 ruling is another meaningful step in holding DHS and CBP accountable for implementing a Turnback Policy that flagrantly violates the Immigration and Nationality Act. We look forward to moving to the merits of the litigation as soon as possible,鈥 said Stephen Medlock, a partner at Mayer Brown LLP.

The Turnback Policy includes a variety of tactics used to reject asylum seekers from ports of entry, including 鈥渕etering,鈥 which has forced many asylum seekers to get on waitlists in Mexico and wait months on end even to be processed.

The use of turnbacks to drastically limit the inspection and processing of asylum seekers was one of the earliest in the series of policies and practices the administration has implemented to limit access to the U.S. asylum process and deter asylum seekers from coming to the United States. Many people who are turned back from a port of entry are ultimately deprived of any access to the asylum process, while others are forced to wait in Mexico for indeterminate periods of time.

Today鈥檚 filing can be viewed HERE.