Al Otro Lado v. Nielsen

Al Otro Lado et al. v. Nielsen et al., Case No. 3:17-cv-02366 (S.D. Cal., filed July 12, 2017)

On July 12, 2017, the American Immigration Council, along with the Center for Constitutional Rights and Latham & Watkins, LLP, filed a class action lawsuit challenging U.S. Customs and Border Protection (“CBP”)’s unlawful practice of turning away asylum seekers who present themselves at ports of entry along the U.S.-Mexico border.

The Plaintiffs in the case are Al Otro Lado (a non-profit legal services organization that serves indigent deportees, migrants, and refugees in Los Angeles and Tijuana) and six courageous asylum seekers who experienced CBP’s unlawful conduct firsthand. Their experiences demonstrate that CBP uses a variety of tactics—including misrepresentation, threats and intimidation, verbal and physical abuse, and coercion—to deny bona fide asylum seekers the opportunity to pursue their claims. The complaint alleges that CBP’s conduct violates the Immigration and Nationality Act, the Administrative Procedure Act, the Due Process Clause of the Fifth Amendment, and the doctrine of non-refoulement under international law.

On November 13, 2017, Plaintiffs filed a motion for class certification, which included dozens of declarations from asylum seekers CBP had turned away at the border. On November 28, 2017, the Court granted Defendants’ motion to transfer venue to the Southern District of California and dismissed all pending motions without prejudice. On December 15, 2017, Defendants again filed a motion to dismiss, and Plaintiffs opposed that motion. On February 5, 2018, Defendants filed a reply to Plaintiff’s opposition. On August 20, 2018, the court denied in part and granted in part the government’s motion to dismiss, allowing the majority of plaintiffs’ claims to go forward. On October 12, 2018, plaintiffs filed an amended complaint highlighting the Trump administration’s specific implementation of the “turnback policy” as well as the administration’s own “zero-tolerance policy.”

Defendants filed a motion to dismiss the amended complaint on November 29, 2018, which Plaintiffs opposed. Close to two dozen states filed an amicus brief in support of Plaintiffs’ opposition to the motion to dismiss, as did many members of Congress, Amnesty International, law professors, and nineteen nonprofit immigrant advocacy organizations.

In July 2019, the judge rejected most of Defendants’ claims in the motion to dismiss and ordered the government to file an answer to Plaintiffs’ Second Amended Complaint, which it did in August 2019. In early September 2019, Plaintiffs filed a motion to provisionally certify a class and also for a preliminary injunction. As of October 2019, those motions are still being briefed.

Counsel: Latham & Watkins LLP | American Immigration Council | Center for Constitutional Rights | Southern Poverty Law Center

Contact: Melissa Crow | Southern Poverty Law Center | Melissa.Crow@SPLCenter.org