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Summary

[ARCHIVED - September 2025]

Plaintiffs—two organizations serving asylum seekers (Al Otro Lado and Haitian Bridge Alliance) and eleven individual asylum seekers—brought this class action lawsuit to challenge the Trump administration’s series of actions to shut down access to asylum at the border, including its suspension of access to asylum for those seeking safety at ports of entry along the U.S. southern border and its cancellation of CBP One appointments on or after January 20, 2025 (when President Trump took office).  Plaintiffs argue that the Trump administration’s asylum shutdown policy is unlawful, failed to go through the required notice-and-comment procedures, and otherwise directly harms the individual Plaintiffs and organizational Plaintiffs and their ability to serve asylum seekers. 

Technical Summary

Plaintiffs allege that the asylum shutdown policy violates immigration law (8 U.S.C. § 1158) and the APA (as being contrary to law, arbitrary and capricious, and failing to go through notice-and-comment rulemaking. Plaintiffs also allege the asylum shutdown policy is an ultra vires agency action. Plaintiffs seek that the asylum shutdown policy be declared unlawful and set aside and otherwise enjoined from being further implemented.

 

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