Subsequent Trump-Era and Court Action(s)

• April 5, 2019

  2019.04.05 Order Granting Plaintiffs' Motion for Preliminary Injunction

  On April 5, 2019, the U.S. District Court for the Western District of Washington granted a preliminary injunction with respect to the Bond Hearing Class’s claims, ordering the government to provide qualifying individuals with bona fide asylum claims with prompt bond hearings.

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

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• April 16, 2019

  2019.04.16 Matter of M-S- decision

  On April 16, 2019, Attorney General Barr issued a decision in Matter of M-S-, holding that asylum-seekers who establish credible fear, including the members of the Bond Hearing Class, are ineligible for bond and will be detained until the disposition of their cases. This decision would have eliminated bond hearings altogether for Padilla bond hearing class members. [Matter of M-S- is a separate entry on the tracker as ID #75]

  **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 2, 2019

  2019.07.02 Preliminary Injunction order

  On July 2, 2019, the U.S. District Court for the Western District of Washington affirmed its previously-entered preliminary injunction, preventing Matter of M-S- from taking effect and affirming that the government must either provide qualifying individuals with bona fide asylum claims with prompt bond hearings before an immigration judge with a set of procedural protections within seven days of their request or release them from detention. The district court additionally modified its injunction to further "find that the statutory prohibition at Immigration and Nationality Act 235(b)(1)(B)(ii) against releasing on bond persons found to have a credible fear of persecution if returned to their country and awaiting a determination of their asylum application violates the U.S. Constitution."

  **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 22, 2019

  2019.07.22 Ninth Circuit Order on Preliminary Injunction Pending Appeal

  On July 22, 2019, the Ninth Circuit Court of Appeals upheld the preliminary injunction in part, requiring the government to provide class members with constitutionally-required bond hearings but staying the injunctive requirement to hold hearings within seven days or otherwise release any class member whose detention exceeds that limit.

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

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• January 11, 2021

  2021.01.11 Supreme Court Order

  On January 11, 2021, the Supreme Court of the United States vacated the judgement of the Ninth Circuit and remanded for further consideration in light of Department of Homeland Security v. Thuraissigiam, 591 U. S. ___ (2020).

  **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 29, 2022

  2022.07.29 Order Vacating Preliminary Injunction

  Following the Supreme Court’s order, a Ninth Circuit panel, on July 29, 2022, remanded to the district court with instructions to vacate the preliminary injunction and for further consideration in light of the Supreme Court’s decisions in Biden v. Texas, 142 S. Ct. 2528 (2022), Garland v. Aleman Gonzalez, 142 S. Ct. 2057 (2022), and Department of Homeland Security v. Thuraissigiam, 591 U. S. ___ (2020). The district court vacated the preliminary injunction.

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

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• January 11, 2023

  2023.01.11 Fourth Amended Complaint

  Following the Supreme Court’s decision that resulted in the vacatur of the preliminary injunction, plaintiffs filed an amended complaint on behalf of the two classes included in the original complaint, (1) the Credible Fear Interview class and (2) the Bond Hearing class. The amended complaint states that following the Matter of M-S- decision and the vacatur of the district court’s injunction preserving bond hearings, class members continue to face lengthy detention without independent review or timely procedures to guarantee that their deprivation of liberty serves a valid purpose, like preventing flight risk.

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

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• January 5, 2024

  2024.01.05 Order Approving the Settlement Agreement

  In 2023, the parties agreed to settle the claims of the Credible Fear Class, and on January 5, 2024, following a fairness hearing, the court approved the settlement agreement. Importantly, the settlement agreement does not address nor resolve the claims of the Bond Hearing Class, individuals detained under 8 U.S.C. §1325(a).

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

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