East Bay v. Barr
What's at Stake
The American Civil Liberties Union, Southern Poverty Law Center, and Center for Constitutional Rights filed a federal lawsuit challenging the Trump administration’s new asylum restrictions announced July 15, 2019.
Summary
The lawsuit was filed July 16 in U.S. District Court in San Francisco.
Most Recent Updates
August 26: The Trump administration asked the Supreme Court to lift the court order preventing it from fully enforcing its new rule that categorically denies asylum to anyone at the southern border who had transited through a third country en route to the United States, with very limited exceptions. Federal courts have blocked the ban in the ACLU’s challenge. ACLU attorney Lee Gelernt said the “ban upends four decades of unbroken practice and would cause untold harm to families and children if allowed to take effect.”
August 19: We asked U.S. District Judge Jon Tigar to immediately reinstate the nationwide injunction, following the Ninth Circuit Court of Appeals ruling a few days earlier narrowing the scope of the injunction to that circuit. Gelernt said: “We are asking the court to immediately reinstate the nationwide injunction based on overwhelming evidence of the grave danger facing asylum-seekers, and the irreparable harm our plaintiff organizations will suffer given that they assist asylum-seekers who enter the country along the entire southern border.”
August 16: Ninth Circuit rules on stay
Gelernt said: “The court properly refused to let the new asylum ban go into effect, though currently limited to the Ninth Circuit. We will continue fighting to fully and permanently end the ban.”
Legal Documents
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10/18/2019
East Bay v Barr - Plaintiffs' Consolidated Answering Brief
Date Filed: 10/18/2019
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10/18/2019
East Bay v Barr - Amicus Brief of Several States
Date Filed: 10/18/2019
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10/18/2019
East Bay v Barr - National CIS Council Amicus Brief
Date Filed: 10/18/2019
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10/18/2019
East Bay v Barr - Amicus Brief by 24 Counties and Cities
Date Filed: 10/18/2019
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10/18/2019
East Bay v Barr - Amicus Brief by Non Profits and Law School Clinics
Date Filed: 10/18/2019
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10/18/2019
East Bay v Barr - KIND Amicus Brief
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10/18/2019
East Bay v Barr - UNHCR Amicus Brief
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10/18/2019
East Bay v Barr - Amicus Brief of Former Nat'l Security Officials
Date Filed: 10/18/2019
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10/18/2019
East Bay v Barr - Immigration Law Profs Amicus Brief
Date Filed: 10/18/2019
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09/09/2019
East Bay v. Barr - Order Granting Motion to Restore Nationwide Scope of Injunction
Date Filed: 09/09/2019
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08/19/2019
East Bay v Barr - Supplemental Evidence Motion
Date Filed: 08/19/2019
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08/19/2019
East Bay v Barr - Memo in Support of Supplemental Evidence Motion
Date Filed: 08/19/2019
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08/16/2019
East Bay v Barr - Ninth Circuit Stay Order
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08/05/2019
East Bay v Barr: Stay Opposition
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07/29/2019
East Bay v Barr - Govt Stay Motion Pending Appeal
Date Filed: 07/29/2019
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07/29/2019
East Bay v Barr - Govt Emergency Motion to Shorten Time
Date Filed: 07/29/2019
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07/24/2019
East Bay v Barr - PI Order
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07/17/2019
Memorandum in Support of TRO
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07/17/2019
Proposed Temporary Restraining Order
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07/17/2019
Notice of Motion for a TRO
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07/17/2019
Declaration of Michael Smith
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07/17/2019
Declaration of Erika Pinheiro
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07/17/2019
Declaration of Stephen W. Manning
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07/17/2019
Declaration of Daniel Sharp
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07/17/2019
Declaration of Lisa Frydman
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07/17/2019
Declaration of Professors Deborah Ankler and James C. Hathaway
Date Filed: 07/17/2019
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07/16/2019
Complaint
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07/06/2020
ORDER - East Bay v Barr
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02/16/2021
PI Order
Press Releases
Federal Court Again Blocks Trump-Era Asylum Transit Ban
Federal Appeals Court Upholds Block on Asylum Transit Ban
Supreme Court Grants Trump Asylum Ban Request
Federal Court Reinstates Full Block on Trump Asylum Ban
Federal Court Blocks New Trump Asylum Restrictions
Groups File Federal Lawsuit Challenging New Trump Asylum Restrictions