Subsequent Trump and Court Action(s)

• July 24, 2019

  2019.07.24 East Bay Sanctuary Covenant - Preliminary Injunction Decision

  Judge Tigar of the Northern District of California issued a nationwide preliminary injunction on July 24, 2019 enjoining the interim final rule "Asylum Eligibility and Procedural Modifications" of July 16, 2019 from going into effect.

  **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

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• August 16, 2019

  2019.08.16 East Bay Sanctuary Covenant - Ninth Circuit Order

  On August 16, 2019, the Ninth Circuit allowed the preliminary injunction to continue pending appeal, but only within the jurisdiction of the Ninth Circuit.

  **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

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• September 9, 2019

  2019.09.09 East Bay Sanctuary Covenant - Order Restoring Nationwide Injunction

  On September 09, 2019, Judge Tigar entered an order restoring the nationwide injunction that had been stayed by the Ninth Circuit after considering supplemental evidence.

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• September 11, 2019

  2019.09.11 East Bay Sanctuary Covenant - SCOTUS Order

  On September 11, 2019, the Supreme Court stayed the preliminary injunction pending full appeal in the Ninth Circuit.

  **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

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• July 6, 2020

  2020.07.06 East Bay Sanctuary Covenant - Ninth Circuit Order

  On July 6, 2020, the U.S. Court of Appeals for the Ninth Circuit upheld a preliminary injunction in East Bay Sanctuary Covenant v. Barr against the third-country asylum rule announced in July 2019 by the Department of Homeland Security (DHS).
  
  **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

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• September 2, 2021

  2021.09.02 Al Otro Lado v. Mayorkas Summary Judgement Order

  On September 2, 2021, the U.S. District Court for the Southern District of California issued a decision in Al Otro Lado v. Mayorkas declaring metering policies that turn back asylum seekers at the border unlawful. The court ordered the parties to submit supplemental briefing on remedies by October 1, 2021.

  **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

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• August 5, 2022

  2022.08.05 Al Otro Lado v. Mayorkas Remedies Opinion

  On August 5, 2022, the U.S. District Court for the Southern District of California issued a remedies opinion in Al Otro Lado v. Mayorkas concluding that turning back asylum seekers constitutes an unlawful withholding of Defendants’ mandatory ministerial inspection and referral duties under 8 U.S.C. § 1158 and § 1225 in violation of both the Administrative Procedure Act and the Fifth Amendment Due Process Clause. The court held that Garland v. Aleman Gonzalez (Supreme Court, 2022) precluded it from entering an injunction against the metering policy, but granted class-wide declaratory relief.

  **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

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• October 23, 2024

  2024.10.23 Al Otro Lado v. EOIR, 120 F.4th 606 (9th Cir. 2024)

  On October 23, 2024, the Ninth Circuit Court of Appeals affirmed in part and vacated in part the U.S. District Court for the Southern District of California's permanent injunction relating to the application of the "Asylum Transit Rule" to noncitizens turned away at US-Mexico border under "metering" policy. The Ninth Circuit affirmed the district court's holding that the metering policy violated § 706(1) of the Administrative Procedure Act (APA), but vacated the district court's entry of judgment for the Plaintiffs on their constitutional due process claim. The Court affirmed the district court's entry of class wide declaratory relief and the grant of negative injunctive relief, other than the requirement that the Government reopen or reconsider (or move to reopen or reconsider) past determinations on its own initiative.

  **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

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