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Administrative Law Keyed to Popper
East Bay Sanctuary Covenant v. Trump
Citation:
950 F.3d 1242 (2020)Facts
On November 9, 2018, the Departments of Justice and Homeland Security jointly issued an interim final rule that, in conjunction with a presidential proclamation issued the same day, made migrants who cross the southern border between designated ports of entry categorically ineligible for asylum. The rule would affect approximately 70,000 people per year who enter between ports of entry and assert credible fear in expedited removal proceedings. Four legal services organizations that represent asylum seekers filed suit, arguing that the rule violated the Administrative Procedure Act because it was issued without notice and comment, lacked good cause for immediate implementation, and conflicted with the Immigration and Nationality Act’s explicit provision that migrants may apply for asylum “whether or not at a designated port of arrival.” The organizations demonstrated that the rule would harm them by causing a loss of clients and funding, and by forcing them to divert resources to address the rule’s effects, fundamentally changing their core missions.
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