On March 29, 2018, in the case of Méndez-Rojas v. Johnson (WD Wash.), a Federal Court in Seattle, Washington ruled in favor of immigrants in a class-action lawsuit filed by political asylum seekers against the Department of Homeland Security (“DHS”), U.S. Attorney General Jeff Sessions, The Executive Office for Immigration Review (“EOIR”) and the US Customs and Border Protection (“CBP”).
The lawsuit was filed by a group of immigrants who argued that the government violated the Administrative Process Act (“APA”), immigration law, and due process under the Fifth Amendment to the United States Constitution – in not giving them a notification and not having a mechanism in place to notify these asylum seekers of the requirement to submit their application for political asylum within the first year of entering the country.
This ruling only applies to the following persons who are considered members of the categories specified under the ruling:
CLASS A: (CREDIBLE FEAR):
Every individual who has been detained by immigration and during their detention had a credible fear interview where the government found that due to the factors presented the person has a credible fear of being returned to their country, but to whom DHS did not notify you of the requirement to submit your application for political asylum within the first year.
The court outlined who is considered Class A and protected under this ruling: (1) Individuals in Class A who are NOT in removal proceedings and who (a) have not applied for asylum, or (b) applied within one year of their last arrival in the U.S., and (2) individuals in Class A who are in the removal process and who (a) have not yet submitted their asylum application or (b) applied for asylum within one year of their last arrival in the United States.
CLASS B: (OTHER ENTERING THE US):
Any individual who has been detained upon arrival in the US, or who will be detained upon arrival in the US, who express fear of being returned to their country from origin and whom DHS has released or will release without a determination of credible fear, who are granted a Notice of Complain to Hearing (“NTA”), and who did not receive a notice from DHS advising of the requirement of filing the application for political asylum during the first year of your last arrival in the United States.
The court outlined who is considered Class B and protected under this ruling: (1) Class B individuals who are NOT in removal proceedings and who (a) have not applied for asylum, or (b) applied for asylum within one year of their last arrival in the US; (2) Individuals in Class B who ARE in the removal process and who (a) have not applied for asylum, or (b) applied for asylum within one year of their last arrival in the United States.
In the ruling, the Federal Court judge ordered DHS to adopt a notice within 90 days of the ruling date that it will use to notify all members of the classes specified in the ruling about the requirement to file the asylum application within the first year of entering the country. The judge ordered DHS to provide this notice to anyone who has been released by DHS. Also, the judge ordered that this notification must be provided before or at the time of releasing a person who the government finds to have credible fear or who expresses fear of returning to their country of origin.
Under the ruling, DHS will have to accept applications for political asylum filed during the year after the notice that DHS will have to take in 90 days to notify members of the classes defined in the ruling about the requirement. Additionally, within 120 days after the date of the ruling, the defendants must adopt and publish a uniform process mechanism that ensures that members of the classes defined in the ruling can apply for political asylum within the required time.
On November 4, 2020, the Washington State district court approved a settlement agreement in the case. According to the settlement, eligible asylum seekers have until March 31, 2022, to file a notice of class membership and any accompanying documentation.
If you think you are protected under this ruling and have an immigration attorney, please contact your attorney to find out more about how to protect your rights. If you do not have a lawyer, we invite you to contact Musa-Obregon Law PC today at (888) 502-8461 for experienced immigration services in New York City and Queens.