J.O.P. v. DHS Settlement Agreement
IMPORTANT UPDATE: FINAL SETTLEMENT AGREEMENT APPROVED; CUT-OFF FOR CLASS MEMBERSHIP IS FEBRUARY 24, 2025
Last Updated: November 25, 2024
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 the same day, the J.O.P. settlement agreement took effect, starting a 90-day window for certain noncitizens with prior unaccompanied child (UC) determinations to file their asylum applications with USCIS in order to become J.O.P. class members. To become a J.O.P. class member, eligible individuals must file their asylum applications with USCIS by Monday, February 24, 2025. You can read the final class notice in English here. Puede ver el aviso final de demanda colectiva en español aquí.
To learn more about the J.O.P. v. DHS settlement agreement, read our practice alert. 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 U.S. Citizenship and Immigration Services 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.