J.O.P. v. DHS: Class-action Lawsuit Seeks Protection for Asylum Seekers Who Arrived as Unaccompanied Children

Last Updated

July 8, 2019

CLINIC, along with Kids In Need of Defense, or KIND, Public Counsel, and Goodwin Procter on July 1, 2019, filed a complaint in U.S. District Court for the District of Maryland. The suit challenges a new policy that limits the ability to seek asylum for certain children who arrived in the country alone. The lawsuit alleges that the policy by U.S. Citizenship and Immigration Services violates the plaintiffs' rights under the 5th Amendment, the Administrative Procedures Act, and the 2008 Trafficking Victims Protection Reauthorization Act. The defendants are the Department of Homeland Security and its acting secretary, and USCIS and its acting director. The plaintiffs are four child asylum seekers.

  • Complaint
  • Memorandum in Support of Plaintiffs’ TRO Motion
  • TRO (Issued Aug. 2, 2019)
  • Memorandum Opinion Granting TRO (Issued Aug. 2, 2019)
  • Order Extending the TRO (Issued Aug. 13, 2019)
  • Order Extending the TRO (Issued Sept. 23, 2019)
  • Preliminary Injunction (Issued Oct. 15, 2019)
  • Plaintiffs' Motion to Enforce the Preliminary Injunction (filed Nov. 22, 2019)
  • Plaintiffs' Brief in Support of Motion to Enforce the Preliminary Injunction (filed Nov. 22, 2019)
  • Plaintiffs Reply in Support of Their Motion to Enforce the Preliminary Injunction (filed Jan. 24, 2020)
  • Plaintiffs' Proposed Order Accompanying the Motion to Enforce the Preliminary Injunction (filed Nov. 22, 2019)
  • First Amended Complaint (filed Dec. 20, 2019)

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