J.O.P. v. DHS Settlement Agreement Approved and Now In Effect

Michelle N. Méndez, Director of Legal Resources and Training, National Immigration Project reports:

"On November 25, 2024, the U.S. District Court for the District of Maryland granted final approval of the settlement agreement in J.O.P. v. DHS, No. 8:19-CV-01944-SAG (D. Md.), which means that the settlement agreement is now in effect and the preliminary injunction has been dissolved.

Now that the settlement has been approved, prospective class members who meet all of the requirements of class membership except for the filing of the asylum application must file their asylum application with USCIS by February 24, 2025 in order to become J.O.P. class members and gain the protections the settlement provides. Members of the J.O.P. class are those who, by February 24, 2025, (1) were determined to be an “unaccompanied alien child”; (2) filed an asylum application that was pending with USCIS; (3) on the date they filed their asylum application with USCIS, were 18 years old or older, or had a parent or legal guardian in the United States available to provide care and physical custody, and (4) whose asylum application USCIS has not adjudicated on the merits.

We strongly recommend that eligible individuals file their asylum applications in advance of the class cut-off date, by taking steps to ensure such asylum applications are received by USCIS no later than Friday, February 21, 2025. The settlement agreement will remain in effect until May 27, 2026, so class members should exercise their rights under the agreement well before that date. For more information about the agreement, read our practice alert.

The final class notices in English and Spanish, along with more information about the J.O.P. case, can be found on the National Immigration Project’s website. You can also find information about the case on Public Counsel’s website and on KIND’s website.

Class members who believe that USCIS or ICE has violated the settlement agreement should complete a form found on our J.O.P. webpage and email it to class counsel at DG-JOPClassCounsel@goodwinlaw.com. You can also email class counsel at this email address with questions concerning the settlement agreement."