Case: Las Americas Immigrant Advocacy Center v. U.S. Department of Homeland Security

1:24-cv-01702 | U.S. District Court for the District of District of Columbia

Filed Date: June 12, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

This case concerns President Biden's June 3, 2024 executive action and ensuing June 4, 2024 interim final rule invoking Section 212(f) of the Immigration and Nationality Act. The proposed rule would make individuals at the U.S.-Mexico border categorically ineligible for asylum whenever a rolling seven-day average of the number of daily "encounters" (or attempts to seek asylum) of inadmissible noncitizens exceeds 1,500, a threshold that has been continuously exceeded since July 2020. The rule al…

This case concerns President Biden's June 3, 2024 executive action and ensuing June 4, 2024 interim final rule invoking Section 212(f) of the Immigration and Nationality Act. The proposed rule would make individuals at the U.S.-Mexico border categorically ineligible for asylum whenever a rolling seven-day average of the number of daily "encounters" (or attempts to seek asylum) of inadmissible noncitizens exceeds 1,500, a threshold that has been continuously exceeded since July 2020. The rule also sought to impose new regulations governing how noncitizens are screened to determine whether they might be at risk of persecution or torture in their home countries. Prior to the rule, an immigration officer had to interview each noncitizen to determine whether they had an intention to apply for asylum or had a fear of persecution. Under the new proposed rule, an individual could be removed from the United States without any process unless an immigration officer (including border patrol agents) determines that the person "manifested" a fear of return. The rule also reduced the minimum time noncitizens have to consult with a lawyer before a credible fear interview from at least 24 hours to four hours. 

On June 12, 2024, Las Americas Immigrant Advocacy Center ("Las Americas") and Refugee and Immigrant Center for Education and Legal Services (RAICES), represented by the American Civil Liberties Union of Ohio, filed suit against the U.S. Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP), U.S. Immigration and Customs Enforcement (ICE), U.S. Department of Justice (DOJ), and several executive officials, including DHS Secretary Alejandro Mayorkas. Plaintiffs filed suit in the U.S. District Court for the District of Columbia to challenge the proposed rule as arbitrary and capricious under § 701 of the Administrative Procedure Act (APA) and § 1101 of the Immigration and National Act (INA), claiming that in addition to being arbitrary and capricious, the rule contradicted the INA and failed to observe required procedures. Plaintiffs sought declaratory relief, attorneys' fees and costs, and any other relief the court saw fit to grant. The case was assigned to Judge Rudolph Contreras.

This case is ongoing.

Summary Authors

Hannah Juge (6/17/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68850646/parties/las-americas-immigrant-advocacy-center-v-us-department-of-homeland/


Judge(s)

Contreras, Rudolph (District of Columbia)

Attorney for Plaintiff

Harrison, Lindsay C. (District of Columbia)

Spitzer, Arthur B. (District of Columbia)

show all people

Documents in the Clearinghouse

Document
1

1:24-cv-01702

Complaint

None

June 12, 2024

June 12, 2024

None

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68850646/las-americas-immigrant-advocacy-center-v-us-department-of-homeland/

Last updated June 16, 2024, 7:43 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, MERRICK GARLAND, UR JADDOU, PATRICK J. LECHLEITNER, ALEJANDRO MAYORKAS, TROY A. MILLER, DAVID NEAL, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT ( Filing fee $ 405 receipt number ADCDC-10959367) filed by REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, LAS AMERICAS IMMIGRANT ADVOCACY CENTER. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons, # 16 Summons)(Harrison, Lindsay) (Entered: 06/12/2024)

1 Exhibit A

View on RECAP

2 Exhibit B

View on RECAP

3 Exhibit C

View on RECAP

4 Civil Cover Sheet

View on RECAP

5 Summons

View on RECAP

6 Summons

View on RECAP

7 Summons

View on RECAP

8 Summons

View on RECAP

9 Summons

View on RECAP

10 Summons

View on RECAP

11 Summons

View on RECAP

12 Summons

View on RECAP

13 Summons

View on RECAP

14 Summons

View on RECAP

15 Summons

View on RECAP

16 Summons

View on RECAP

June 12, 2024

June 12, 2024

Clearinghouse
2

NOTICE of Appearance by Arthur B. Spitzer on behalf of All Plaintiffs (Spitzer, Arthur) (Entered: 06/12/2024)

June 12, 2024

June 12, 2024

PACER

Case Assigned/Reassigned

June 13, 2024

June 13, 2024

PACER

Case Assigned to Judge Rudolph Contreras. (zcb)

June 13, 2024

June 13, 2024

PACER
3

SUMMONS (12) Issued Electronically as to EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, MERRICK GARLAND, UR JADDOU, PATRICK J. LECHLEITNER, ALEJANDRO MAYORKAS, TROY A. MILLER, DAVID NEAL, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb) (Entered: 06/13/2024)

June 13, 2024

June 13, 2024

PACER
4

Notice of Appearance- Pro Bono

June 14, 2024

June 14, 2024

RECAP

Case Details

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Presidential/Gubernatorial Authority

Key Dates

Filing Date: June 12, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Law Americas Immigrant Advocacy Center and the Refugee and Immigrant Center for Education and Legal Services, two non-profit organizations working on behalf of immigrants.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

ACLU Immigrants' Rights Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of Homeland Security (District of Columbia), Federal

United States Citizenship and Immigration Services (District of Columbia), Federal

United States Customs and Border Protection (District of Columbia), Federal

United States Immigration and Customs Enforcement (District of Columbia), Federal

United States Department of Justice (District of Columbia), Federal

Executive Office for Immigration Review, Federal

Secretary of the Department of Homeland Security (District of Columbia), Federal

Director of U.S. Citizenship and Immigration Services (District of Columbia), Federal

Acting Director of Immigration and Customs Enforcement (District of Columbia), Federal

Attorney General of the United States (District of Columbia), Federal

Director of the Executive Office for the Immigration Review (District of Columbia), Federal

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Immigration/Border:

Asylum - criteria

Asylum - procedure

Border police

Convention against Torture