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District Court Blocks Implementation of Notice Expanding Expedited Removal

In a lawsuit challenging DHS’s expansion of expedited removal that was filed by the American Immigration Council, the ACLU, and the law firm of Simpson Thatcher & Bartlett LLP, U.S. District Judge Ketanji Brown Jackson granted the plaintiffs’ motion for a preliminary injunction and issued an order blocking DHS from implementing its July 23, 2019, notice that significantly expanded the categories of persons eligible for expedited removal. In other federal court litigation news, U.S. District Judge Dolly Gee issued a decision blocking a Trump administration regulation that would terminate the Flores Settlement Agreement and allow families to be detained for lengthy periods of time.

Family Detention Case

The Ninth Circuit held that the Flores settlement agreement applies to both minors who are accompanied and unaccompanied by their parents, and that the lower court correctly refused to amend the agreement to accommodate family detention. The court also found that the lower court erred in interpreting the agreement to provide an affirmative right to release for accompanying parents, but did not preclude such release, and explicitly made no determination about whether DHS is making otherwise appropriate and individualized release determinations for parents.

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