Subsequent Trump-Era and Court Action(s)

• July 15, 2018

  2018.07.15 Second Amended Complaint in Padilla v. ICE

  Padilla v. ICE was filed in the U.S. District Court for the Western District of Washington by four asylum seekers on behalf of two nationwide classes: the Credible Fear Class and Bond Hearing Class. The case challenged two sets of policies and practices by U.S. Immigration and Customs Enforcement (ICE), U.S. Citizenship and Immigration Services (USCIS), and the Executive Office for Immigration Review (EOIR).

  First, Plaintiffs challenged government delays in providing credible fear interviews to individuals in expedited removal proceedings under 8 U.S.C. § 1225(b) who expressed a fear of persecution of torture in their country of origin (credible fear claims).

  Second, Plaintiffs challenged government delays in providing bond hearings with procedural protections to individuals who entered the United States without inspection and were found to have a credible fear of persecution or torture (the bond hearing claims) [separate entry on tracker under ID #1344].

  **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 18, 2023

  Padilla v. ICE Proposed Settlement Agreement

  On October 18, 2023, the parties to Padilla v. ICE filed with the court for its approval a proposed settlement agreement for the claims of the Credible Fear Class. The proposed settlement states that with limited exceptions, "no individual detained credible fear case will take more than 60 days to complete from date of referral to U.S. Citizenship and Immigration Services (USCIS) for the CFI to date credible fear decision service. If more than 60 days elapse, the individual will be issued a Notice to Appear (NTA) and placed into removal proceedings under 8 U.S.C. 1229a. The proposed settlement agreement also limits the amount of time CBP or ICE can take before referring a credible fear case to USCIS for a CFI. The proposed settlement agreement contains reporting and dispute resolution mechanisms and lasts for a period of 4 years from the effective date of the agreement.

  **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

  On January 5, 2024, following a fairness hearing, the court approved the proposed settlement agreement. Importantly, the settlement agreement does not address or resolve the claims of the Bond Hearing Class.

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

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