article: On November 2, 2020, asylum seekers with disabilities and health conditions filed this putative class-action suit against the Department of Homeland Security and U.S. Customs and Border Protection in the Southern District of California. The suit alleged that defendants violated the Administrative Procedure Act (APA) and Section 504 of the Rehabilitation Act of 1973 by forcibly returning plaintiffs to Mexico under the Migrant Protection Protocols (the “MPP”). Under the MPP, asylum seekers entering the United States from Mexico were returned to Mexico and waited outside the U.S. for the duration of their immigration proceedings. The plaintiffs stated that MPP conflicted with CBP’s own procedure at the time that asylum seekers with “known physical or mental health issues” cannot be sent to Mexico. They alleged that DHS failed to put in place effective methods to ensure that people with known physical or mental health conditions were exempt from MPP and to identify and assess, for accommodations, immigrants with disabilities. The plaintiffs sought an order enjoining the defendants from continuing forcible removal of class members under MPP and requiring the defendants to put in place practices and procedures in compliance with Section 504. They also requested attorneys’ fees. The plaintiffs were represented by the Civil Rights Education and Enforcement Center, Texas Civil Rights Project, and private counsel. The case was assigned to Judge Todd W. Robinson and Magistrate Judge Bernard G. Skomal. On November 3, 2020, the case was related to Doe v. McAleenan, docket number 3:19-cv-2119, (<a href ="https://www.clearinghouse.net/detail.php?id=17356">IM-CA-0152</a> in the Clearinghouse). This case similarly challenged deportation under MPP. On December 22, 2020, the defendants filed a motion to stay pending the appeal of a separate case. The judge denied the motion on February 19, 2021. There were joint motions to continue on March 2, 2021. On December 23, 2020, the plaintiffs filed a motion for a preliminary injunction. They requested that defendants stop subjecting members of the putative class to the MPP. They further requested that defendants put in place mechanisms ensuring CBP’s protocols of exempting those with known physical or mental health issues was being carried out, that family members of the putative class were also excluded pursuant to the Family Unit Policy, and that defendants put in place practices and policies to identify immigrants with disabilities and provide accommodations necessary for those with disabilities to prepare for their asylum proceedings. On the same day, the plaintiffs also filed a motion requesting class certification for asylum seekers with disabilities and their family members. On February 22, 2021, Defendants filed a motion to dismiss for lack of jurisdiction. As of March 12, 2021, there has not been a ruling on the motion. This summary is up-to-date as of March 12, 2021 and the case is ongoing.
summary: On November 2, 2020 asylum seekers with disabilities and health conditions filed a putative class-action suit against the Department of Homeland Security and U.S. Customs and Border Protection in the Southern District of California. The plaintiffs alleged that defendant's violated the Administrative Procedure Act (APA) and Section 504 of the Rehabilitation Act. The plaintiffs requested a preliminary injunction and an order enjoining defendants from subjecting members of the putative class to removal protocols and attorney's fees. The case is ongoing.