Refugee and Immigrant Center for Education and Legal Services, et al. v. Kristi Noem, et al., No. 1:25-cv-00306 (D.D.C., filed Feb. 3, 2025) and No. 25-5243 (D.C. Cir., filed Jul. 3, 2025)

On January 20, 2025, President Trump issued a proclamation invoking Immigration and Nationality Act (INA) Section 212(f), 8 U.S.C. § 1182(f), and his purportedly inherent constitutional authority, to summarily expel noncitizens who entered without a visa after the date of the Proclamation and prohibit them from applying for asylum and obtaining other procedural and substantive protections under the INA.

Plaintiffs Refugee and Immigrant Center for Education and Legal Services (RAICES), Las Americas Immigrant Advocacy Center, and the Florence Immigrant & Refugee Rights Project filed suit on February 3 to block the Proclamation. On February 19, 2025, Plaintiffs amended the complaint to add individuals impacted by the Proclamation, moved for class certification, and sought a preliminary injunction. Plaintiffs assert that the Proclamation violates the INA’s asylum and withholding of removal provisions, the statutes implementing the Convention Against Torture, and the Trafficking Victims Protection Reauthorization Act (TVPRA). Both parties subsequently moved for summary judgment.

On July 2, 2025, the court granted in part plaintiffs’ motions for summary judgment and class certification, denied plaintiffs’ motion for preliminary injunction as moot, and deferred ruling on the remaining portions of the cross-motions. The court certified a class consisting of “all individuals who are or will be subject to Proclamation 10888 and/or its implementation within the United States.” Defendants appealed the decision to the D.C. Circuit Court and sought emergency stay, which the court of appeals granted as to the district court’s order prohibiting the application of the 212(f) Proclamation to asylum applications, but denied as to the district court’s order prohibiting application of the Proclamation to withholding of removal and protection under the Convention Against Torture. The district court has ordered that further briefing will be held in abeyance pending a decision on the appeal. On November 3, 2025, oral argument was heard at the D.C. Circuit.

Documents:

• Complaint
• Amended Complaint
• Plaintiffs’ Motion for Preliminary Injunction
• Plaintiffs’ Motion for Class Certification
• Defendants’ Opposition to Class Certification
• Defendants’ Motion for Summary Judgment and Response to Plaintiffs’ Motion for Summary Judgment
• Plaintiffs’ Motion for Summary Judgment
• Memorandum Opinion
• D.C. Circuit Stay Order
• D.C.C. Oral Argument recording and transcript

Counsel: ACLU Immigrant Rights Project ǀ National Immigrant Justice Center ǀ Texas Civil Rights Project ǀ Center for Gender & Refugee Studies ǀ ACLU Foundation of the District of Columbia ǀ Jenner & Block LLP ǀ Texas Civil Rights Project ǀ ACLU Foundation of Texas ǀ Gibbs Houston Pauw

Contact: Lee Gelernt ǀ ACLU Immigrant Rights Project ǀ lgelernt@aclu.org ǀ Keren Zwick ǀ National Immigrant Justice Center ǀ kzwick@immigrantjustice.org ǀ Melissa Crow ǀ Center for Gender & Refugee Studies ǀ crowmelissa@uclawsf.edu