Subsequent Trump and Court Action(s)

• November 19, 2019

  Al Otro Lado v. Wolf Order

  On November 19, 2019, the court in Al Otro Lado v. Wolf issued a preliminary injunction and provisionally certified a class consisting of “all non-Mexican asylum seekers who were unable to make a direct asylum claim at a U.S. [port of entry] before July 16, 2019 because of the U.S. Government’s metering policy, and who continue to seek access to the U.S. asylum process.” The court blocked Defendants from applying the Asylum Ban to members of the provisional class and ordered that Defendants apply pre-Asylum Ban practices for processing the asylum applications of class members. On January 14, 2021, the court issued an order denying the Government’s emergency motion for a stay of the district court's clarification order pending appeal (Case No. 20-56287) and noted that the preliminary injunction appeal at the Ninth Circuit was being held in abeyance.

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• August 7, 2020

  2020.08.07 Al Otro Lado v Wolf Class Certification

  A California federal court certifies a class consisting of asylum seekers turned away ("metered") from ports of entry by CBP officers.

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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 summary judgment order 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.

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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.

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• October 24, 2024

  2024.10.24 Al Otro Lado v. Mayorkas 9th Circuit Opinion

  On October 24, 2024, the Ninth Circuit Court of Appeals largely affirmed the District Court for the Southern District of California's decision that held the government's metering policy unlawful.

  The court affirmed that the policy violated the Administrative Procedure Act and declined to reach the due process issue, vacating that holding. The court also affirmed the lower court's entry of classwide declaratory relief as well as the injunctive relief prohibiting the application of the Asylum Transit Rule to class members' asylum applications. The court concurred with the district court's holding that it was precluded from granting injunctive relief that would require the government to reconsider past asylum determinations.

  The Ninth Circuit issued an order on January 8, 2025 stating that a judge had requested an en banc vote. Briefing is due on February 28, 2025.

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

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