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J.O.P. v. DHS

Case Status
Active
Issue area
Asylum

J.O.P. v. DHS Settlement Agreement

IMPORTANT UPDATE: SETTLEMENT AGREEMENT NOW HAS A TERMINATION DATE OF NOVEMBER 18, 2026

Last Updated: May 27, 2026

On November 25, 2024, the U.S. District Court for the District of Maryland granted final approval of the settlement agreement reached by the parties in J.O.P. v. DHS, No. 8:19-CV-01944-SAG (D. Md.). On May 26, 2026, the Court granted Class Counsel's motion to extend the termination date of the Settlement Agreement, and the termination date is now November 18, 2026. J.O.P. Class Members seeking a benefit under the Agreement (such as DHS’s non-opposition to a motion for administrative closure) should ensure that those benefits are sought and secured as soon as possible.

To be a J.O.P. class member, an eligible individual must have filed their asylum application with U.S. Citizenship and Immigration Services (USCIS) by Monday, February 24, 2025.  You can read the final class notice in English here. Please note that this class notice does not reflect the extended termination date of Nov. 18, 2026. Puede ver el aviso final de demanda colectiva en español aquí. Por favor sepa que este aviso final no incluye la nueva fecha de conclusión del acuerdo, el 18 de noviembre 2026.

To learn more about the J.O.P. v. DHS settlement agreement, the 2025 USCIS implementing memo, and how to navigate removal proceedings for those pursuing asylum with USCIS as unaccompanied children, read our practice advisory. To raise suspected violations of the settlement agreement with class counsel, please complete this form and email it to class counsel at DG-JOPClassCounsel@goodwinlaw.com. Para notificar a los Abogados de la Clase sobre presuntas violaciones del Acuerdo, por favor llene este formulario y envíelo a los Abogados de la Clase a DG-JOPClassCounsel@goodwinlaw.com

Background on J.O.P. v. DHS

J.O.P. v. DHS, No. 19-1944, was a nationwide class action filed in the U.S. District Court for the District of Maryland that challenged a 2019 policy that limited the ability to seek asylum for certain children who arrived in the country alone. The National Immigration Project, along with Kids In Need of Defense (KIND), Public Counsel, Bet Tzedek Legal Services, and Goodwin Procter represented the certified class and the named plaintiffs, who came to the United States as unaccompanied children and whose asylum applications would have been rejected by USCIS under the challenged 2019 policy. The lawsuit alleged that the challenged policy violated the Fifth Amendment, the Administrative Procedure Act, and the 2008 Trafficking Victims Protection Reauthorization Act. The court certified a nationwide class and entered an expanded preliminary injunction in December 2020, and in 2024 granted final approval of a classwide settlement agreement.