Defending Asylum Protections for Unaccompanied Immigrant Children

The United States has long recognized the unique vulnerability of children, enacting permanent protections to ensure their safety and well-being. These protections are equally vital for immigrant children who arrive seeking refuge from violence and persecution.

However, in 2019 the Trump Administration implemented an unlawful government policy aimed at limiting vital protections for children under the Trafficking Victims Protection Reauthorization Act (TVPRA), threatening the safety of thousands of children who have filed for asylum in the United States. The move ended the long-standing policy of allowing children who had been designated as unaccompanied children (UC) to seek asylum in a child-appropriate interview with a trained asylum officer.

In a stark departure from the law, the U.S. Citizenship and Immigration Services (USCIS) directed asylum officers to re-determine whether an asylum applicant who had already been found to be an unaccompanied child continued to meet the statutory definition of that term on the date of filing for asylum. If a child submitted their asylum application after turning 18, or after reunifying with a parent or legal guardian, the new policy would force them to present their asylum claims in an adversarial immigration court hearing before a judge and prosecutor.

In July 2019, four young asylum seekers fleeing persecution in their home countries filed a class action lawsuit against the Department of Homeland Security. The lawsuit challenges the department’s policy that limits vital protections for children under the TVPRA, and alleges that the policy violates the 5th Amendment, the Administrative Procedure Act, and the TVPRA. Public Counsel, the National Immigration Project, Bet Tzedek Legal Services, Kids In Need of Defense (KIND), and Goodwin Procter LLP represented the original plaintiffs and now the plaintiff class. 

IMPORTANT UPDATE: FINAL SETTLEMENT AGREEMENT APPROVED

On November 25, 2024, the U.S. District Court for the District of Maryland granted final approval of the proposed settlement agreement reached by the parties in J.O.P. v. DHS, No. 8:19-CV-01944-SAG (D. Md.). On the same day, the J.O.P. settlement agreement took effect, starting a 90-day window for certain noncitizens with prior unaccompanied child (UC) determinations to file their asylum applications with USCIS in order to become J.O.P. class members.

• You can read the class notice in English here.
• Puede ver el aviso de demanda colectiva en español aquí. 

To learn more about the J.O.P. v. DHS settlement agreement, read our practice alert.

• To raise suspected violations of the settlement agreement with class counsel, please complete this form and email it to class counsel at DG-JOPClassCounsel@goodwinlaw.com.
• Para notificar a los Abogados de la Clase sobre presuntas violaciones del Acuerdo, por favor llene este formulario y envíelo a los Abogados de la Clase a DG-JOPClassCounsel@goodwinlaw.com.