Original Date AnnouncedNovember 22, 2019
EOIR issues guidance that the Asylum Eligibility and Procedural Modifications Rule will not be applied "where the individual may be an Al Otro Lado class member." In such cases, "the adjudicator should determine whether the individual approached a POE at the southern border, before July 16, 2019, to seek asylum but was not processed because of DHS’ metering policy" before applying the rule.
[ID #229]Guidance from EOIR Office of General Counsel, sent Friday, November 22, 2019 EOIR Final Rule Asylum Eligibility and Procedural Modifications
Effective DateNovember 22, 2019
Subsequent Trump-Era and Court Action(s)
September 11, 2020
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). However, on September 11, 2020, the Supreme Court stayed the injunction pending appeal. The government's petition for rehearing en banc was filed on October 5, 2020 and is currently pending at the Ninth Circuit as of 10/26/20. See East Bay Sanctuary Covenant v. Barr (N.D. Cal. 4:19-cv-04073; Ninth Cir. 19-16773). See also Al Otro Lado v. Wolf (S.D. Cal. 3:17-cv-02366; Ninth Cir. 19-56417). The Ninth Circuit denied a stay of the district court preliminary injunction on Mar. 5, 2020. Oral argument on the government's appeal of the injunction was held July 10, 2020 and a decision is pending as of 10/27/20.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
September 2, 2021
2021.09.02 Al Otro Lado v. Mayorkas Summary Judgement Order
On September 2, 2021, The US District Court of the District of Central 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.**View Document