East Bay Sanctuary Covenant, et al. v. Joseph R. Biden, et al.
United States District Court for the Northern District of California
Case No. 18-cv-06810-JST, 2023 U.S. Dist. LEXIS 128360 (2023)
- Written by Eric Miller, JD
Facts
The Department of Homeland Security (DHS) and the Department of Justice published a rule creating a presumption of asylum ineligibility for noncitizens who traveled through a country other their own to reach the border between the United States and Mexico. The rule included exceptions for migrants who (1) had permission to travel to the United States for parole purposes, (2) appeared at a port of entry for a scheduled appointment, or (3) had already sought and been denied asylum in another country. The rule also provided that migrants who failed to qualify for asylum under one of these exceptions might still qualify by showing exceptionally compelling circumstances. Various organizations devoted to assisting migrants (the nonprofits) (plaintiffs) challenged the validity of the rule, bringing suit against President Joseph Biden and the responsible agencies (collectively, the government) (defendant) in federal district court. The government asserted that noncitizens seeking asylum could seek protection in countries like Belize, Colombia, and Mexico. However, the record reflected inefficient asylum programs and unsafe conditions in those countries. The record also showed significant problems with the smartphone app intended to enable migrants to schedule asylum hearings at ports of entry. Both sides moved for summary judgment.
Rule of Law
Issue
Holding and Reasoning (Tigar, J.)
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