Court Declares Turnback Policy Unlawful: Al Otro Lado v. Mayorkas

Al Otro Lado v. Mayorkas

"This Court enters a DECLARATORY JUDGMENT that, absent any independent, express, and lawful statutory authority, Defendants’ refusal to deny inspection or asylum processing to noncitizens who have not been admitted or paroled and who are in the process of arriving in the United States at Class A Ports of Entry is unlawful regardless of the purported justification for doing so. For the foregoing reasons stated above: 1) The Court ORDERS Defendants to restore the status quo ante for the named Plaintiffs prior to Defendants’ unlawful conduct. This includes taking the necessary steps to facilitate Plaintiff Beatrice Doe’s entry into the United States, including issuing any necessary travel documents to allow her to travel to the United States (by air if necessary) and to ensure her inspection and asylum processing upon arrival. 2) The Court DECLARES that, absent any independent, express, and lawful statutory authority, Defendants’ refusal to deny inspection or asylum processing to noncitizens who have not been admitted or paroled and who are in the process of arriving in the United States at Class A Ports of Entry is unlawful regardless of the purported justification for doing so. The parties are further ORDERED to meet and confer and lodge a Proposed Final Judgment that incorporates this Court’s rulings in its MSJ Opinion (ECF No. 742) and set forth herein by no later than August 22, 2022."