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.
On August 2, 2019, the court issued a temporary restraining order enjoining the government from applying the policy. A preliminary injunction followed on October 15, 2019, further preventing the policy’s enforcement. On December 21, 2020, the court certified a nationwide class and amended the preliminary injunction order, reinforcing the legal protections for the affected children.
IMPORTANT UPDATE: Proposed Settlement Agreement Preliminarily Approved
Last Updated: August 28, 2024
On August 22, 2024, the court preliminarily approved a proposed settlement agreement reached by the parties in J.O.P. v. DHS, No. 8:19-CV-01944-SAG (D. Md.). The agreement will not take effect until it is given final approval by the court following a fairness hearing, which will take place on November 25, 2024.
- You can read the class notice in English here.
- Puede ver el aviso de demanda colectiva en español aquí.
It is crucial that practitioners working with asylum seekers watch for updates in this case. Once the court approves the settlement there will be an 89-day deadline by which people with UC determinations who no longer meet the UC definition must file asylum applications with USCIS in order to become class members and lock in the benefits of the settlement agreement. You can monitor this page for updates.
A practice alert that includes a settlement overview is available here. You can monitor this page for updates.
Court
U.S. District Court for the District of Maryland, Southern Division
Status
Proposed Settlement Agreement Preliminarily Approved
Case No.
8:19-cv-01944
Filed
7/1/2019
Case Developments and Key Documents
Court Grants Preliminary Approval of the Settlement Agreement
Documents
Parties File Proposed Settlement Agreement with the Court
Documents
Court Certifies Nationwide Class Action and Amends Preliminary Injunction
Documents
Court Grants Temporary Restraining Order
Documents
Legal Team
Public Counsel
Public Counsel is a nonprofit public interest law firm dedicated to advancing civil rights and racial and economic justice, as well as to amplifying the power of our clients through comprehensive legal advocacy. Founded on and strengthened by a pro bono legal service model, our staff and volunteers seek justice through direct legal services, promote healthy and resilient communities through education and outreach, and support community-led efforts to transform unjust systems through litigation and policy advocacy in and beyond Los Angeles.
Case Attorney:
- Kristen Jackson, Interim Vice President, Chief of Litigation and Legal Programs
Our Co-Counsel
Kids in Need of Defense (KIND)
Kids in Need of Defense (KIND) is the preeminent international nongovernmental organization devoted to the protection of unaccompanied and separated children. KIND envisions a world in which every unaccompanied child on the move has access to legal representation and has their rights and well-being protected as they migrate alone in search of safety.
The National Immigration Project is a membership organization of attorneys, advocates, and community members who are driven by the belief that all people should be treated with dignity, live freely, and flourish. We litigate, advocate, educate, and build bridges across movements to ensure that those who are impacted by our immigration and criminal legal systems are uplifted and supported.
Bet Tzedek is an internationally recognized force in economic justice law and one of the largest legal aid organizations in Los Angeles County. With more than 100 staff members supported by more than 1,200 active volunteers, Bet Tzedek assists those most in need with some of the most pressing legal issues faced by our communities including elder abuse, employment rights violations, landlord/tenant and housing matters, real estate fraud and foreclosure prevention, basic estate planning, Holocaust reparations, probate guardianship, low-income tax advocacy, small business development, transgender advocacy, immigration, and public benefits. In addition to direct legal representation in each of these areas, Bet Tzedek staff conducts expansive outreach and education programs, and undertakes impact litigation and policy advocacy on issues of significance to our clients.
About Goodwin: We are in the business of building authentic, long-term relationships with our clients, who are some of the world’s most successful and innovative investors, entrepreneurs and disruptors at the convergence of and within the life sciences, private equity, real estate, technology and financial industries. Our immersive understanding of these industries — combined with our expertise across high-stakes litigation and dispute resolution, world-class regulatory compliance and advisory services, and complex transactions — sets us apart.
