Original Date Announced

DOJ and DHS adopt interim final rule stipulating that noncitizens who cross the southern U.S.-Mexico border in contravention of a presidential proclamation will be ineligible for asylum, among other changes to asylum proceedings. [ID #57]

Subsequent Trump and Court Action

2018.11.09 Complaint - East Bay Sanctuary Covenant v. Trump

Organizations representing and assisting asylum seekers, East Bay Sanctuary Covenant, Al Otro Lado, Innovation Law Lab, and Central American Resource Center in Los Angeles, file a lawsuit against the Trump administration, seeking a declaration that the interim final rule described in this entry, together with Presidential Proclamation 9822, violate the INA and the APA. Plaintiffs also seek an order enjoining the rule and the Proclamation. East Bay Sanctuary Covenant v. Trump, 4:18-cv-06810 (N.D. Cal.).

**Litigation entries are limited to initial complaints and major substantive rulings. For pleadings and additional information, use name and docket number to search Civil Rights Clearinghouse and CourtListener or visit Just Security Litigation Tracker**

Subsequent Trump and Court Action

East Bay Sanctuary Covenant Order Granting Preliminary Injunction

The U.S. District Court for the N.D. Cal. grants a preliminary injunction. East Bay Sanctuary Covenant v. Trump, 4:18-cv-06810, (N.D. Cal.).

Subsequent Trump and Court Action

2018.12.19 Order Granting Preliminary Injunction - East Bay Sanctuary v. Trump

Judge Jon S. Tigar issues a preliminary injunction in East Bay Sanctuary v. Trump, enjoining the interim final rule described in this entry pending final judgment, and ordering Defendants to "return to the pre-Rule practices for processing asylum applications." East Bay Sanctuary Covenant v. Trump, 4:18-cv-06810 (N.D. Cal.).

*see litigation note above*

Subsequent Trump and Court Action

SCOTUSBlog - Trump v. East Bay Sanctuary Covenant

The Supreme Court denies a stay of the Preliminary Injunction pending appeal. Trump v. East Bay Sanctuary Covenant, No. 18A615.

*see litigation note above*

Subsequent Trump and Court Action

O.A. v. Trump (Aug. 2, 2019)

D.D.C. vacated interim final rule in separate class action. O.A. et al v. TRUMP et al, No. 1:2018cv02718, (D.D.C.).

*see litigation note above*

Subsequent Trump and Court Action

East Bay Sanctuary Covenant Opinion

The Ninth Circuit upholds the preliminary injunction issued by the N.D. Cal. district court on Dec. 19, 2018. A subsequent en banc review petition was denied. East Bay Sanctuary Covenant v. Trump, No.4:18-cv-06810-JST, (9th Cir.).

see litigation note above

Subsequent Trump and Court Action

2023.05.18 Amended and Supplemental Complaint - East Bay Sanctuary Covenant v. Biden

Plaintiffs in East Bay Sanctuary Covenant v. Trump amend their complaint to challenge the Biden Administration's "Circumvention of Lawful Pathways" Rule, arguing that it functions essentially like the enjoined Trump administration "entry ban" (Proclamation and interim final rule). Plaintiffs "seek a declaration that the Rule violates the INA and the Administrative Procedure Act (“APA”) and an order vacating and enjoining the Rule." East Bay Sanctuary Covenant v. Biden, 4:18-cv-06810 (N.D. Cal.).

*see litigation note above*

Subsequent Trump and Court Action

2023.07.25 Order Vacating Circumvention of Lawful Pathways Rule - East Bay Sanctuary Covenant v. Biden

Judge Jon S. Tigar grants Plaintiffs' motion for summary judgment in East Bay Sanctuary Covenant v. Biden, vacating the "Circumvention of Lawful Pathways" rule. The court finds that Plaintiffs had Article III and statutory standing and denies Defendants' arguments for jurisdictional bars. The court holds the rule is invalid under the APA because it is contrary to the INA, arbitrary and capricious, and was issued without adequate opportunity for public comment. East Bay Sanctuary Covenant v. Biden, 4:18-cv-06810 (N.D. Cal.).

*see litigation note above*

Subsequent Trump and Court Action

2023.08.03 Order Granting Stay Pending Appeal/Settlement - East Bay Sanctuary Covenant v. Biden

A Ninth Circuit panel grants a stay of the district court's July 25, 2023 order and judgment vacating the "Circumvention of Lawful Pathways Rule" in East Bay Sanctuary Covenant v. Biden, pending settlement negotiations. East Bay Sanctuary Covenant v. Biden, No. 23-16032 (9th Cir.).

*see litigation note above*

Subsequent Trump and Court Action

2023.12.03 Minute Order Termination of Case - O.A. v. Trump

On December 3, 2023 the U.S. District Court for the District of Columbia terminated by Minute Order O.A. v. Trump following Biden administration changes to immigration policy. O.A. et al v. TRUMP et al, No. 1:2018cv02718, (D.D.C.).

*see litigation note above*

Subsequent Trump and Court Action

2025.04.10 Order Vacating Stay and Remanding - East Bay Sanctuary v. Trump

A Ninth Circuit panel vacates its prior order in East Bay Sanctuary Covenant v. Biden that stayed the case pending (unsuccessful) settlement discussions. The new order vacated the district court's July 25, 2023 judgment (which vacated the "Circumvention of Lawful Pathways" rule). However, the court remanded to the district court to address "(1) the impact of FDA v. Alliance for Hippocratic Medicine, 602 U.S. 367 (2024), on the issue of organizational standing; and (2) the impact of Executive Order 14165 § 7(a)–(b), which terminated the “lawful pathways” on which the [Circumvention of Lawful Pathways] Rule relies in part." East Bay Sanctuary Covenant v. Trump, No. 23-16032 (9th Cir.).

**Litigation entries are limited to initial complaints and major substantive rulings. For pleadings and additional information, use name and docket number to search Civil Rights Clearinghouse and CourtListener or visit Just Security Litigation Tracker**