The class-action settlement in JOP v. DHS establishes new protections for asylum seekers previously considered unaccompanied immigrant minors.
Under this agreement, USCIS will be required to consider asylum applications without applying the one-year deadline, even if they are in removal proceedings.
If you find yourself in this scenario, our immigration lawyers in New Jersey can help you understand how this ruling affects your case and guide you through the appropriate steps.
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What should You know about the class action settlement in JOP v. DHS?
On November 25, 2024, the US District Court approved a class action settlement in JOP v. DHS.
This agreement affects unaccompanied immigrant minors who have applied for asylum and are now in removal proceedings or have turned 18 years of age.
Who qualifies for this agreement?
To qualify under this agreement you must meet the following criteria:
- Having been determined to be an unaccompanied immigrant minor.
- Having submitted an application asylum in the United States to USCIS.
- Be 18 years of age or older at the time of filing your asylum application, or have a parent or legal guardian in the US available to care for you.
- Your asylum application must be pending and you have not received a final decision.
What benefits will immigrants receive?
Some benefits of this class action settlement in the JOP v. DHS case include:
- USCIS will accept jurisdiction over asylum applications, even if the applicant is in removal proceedings.
- The one-year deadline for filing asylum applications will be eliminated and USCIS will withdraw previous denials that are inconsistent with the agreement.
- Applicants may request expedited adjudication if they are detained by Immigration and Customs Enforcement (ICE) or have a deportation order.
If you do not know whether you have a deportation order, we invite you to read our blog on how to find out if I have a deportation order.
How does this affect ICE?
ICE will not be able to argue against USCIS jurisdiction in removal proceedings.
Applicants will also not be expelled while awaiting a USCIS decision on their asylum application.
What else does the class action settlement in JOP v. DHS provide?
The class action settlement in JOP v. DHS sets forth several additional key points that are important to certain asylum seekers:
- Asylum adjudications by USCIS: Qualified immigrants have the right to have their asylum applications decided by USCIS. Furthermore, USCIS may decide this even if an immigration judge had authority over the case.
- Retractions of previous rejections: USCIS will review and reconsider previously denied asylum applications, provided they meet the requirements set out in the agreement.
- Expedited processing: USCIS will implement a procedure for qualified immigrants with urgent circumstances to request an acceleration of their cases.
- New USCIS Memo: USCIS will issue a memorandum explaining the applicable procedures, which will be in effect for at least three years.
- Motion practice in immigration court: In removal proceedings, the government attorney will not be able to argue against USCIS’s jurisdiction over the asylum application. In addition, they will generally not oppose a request for dismissal or deferral to await USCIS’s decision.
- Stay of deportation: ICE will not be able to remove immigrants eligible under this agreement.
- Term period: The agreement will be in effect for 548 days (one and a half years). However, the USCIS memorandum will remain in effect for at least three years.
How can eligible immigrants file objections?
If you agree with the proposed settlement, you do not need to take any action.
If you do not agree, you cannot opt out of the settlement. However, you do have the right to file a written objection with the Court to deny approval of the settlement.
The Court cannot change the agreement, it can only approve or reject it. If the Court rejects approval, the case will continue. Either way, objections and/or requests for hearing must be submitted in writing and include:
- The name and number of the case.
- The name of the immigrant.
- The reasons why you believe you qualify.
- An explanation of the reasons for objecting to the collective agreement, including supporting documentation.
To file an objection or request a hearing, you must:
- Mail it to the United States District Court, 6500 Cherrywood Lane, Greenbelt, MD 20770, or
- File it in person at the Clerk’s Office of the Federal Courts in Baltimore or Greenbelt.
The objection must be submitted or served by October 21, 2024. Otherwise, if the objection does not meet all of the requirements, the Court may reject or ignore it.
How long will the class action settlement in the JOP v. DHS case be in effect?
The agreement will be in effect until May 27, 2026. Therefore, immigrants who qualify for this agreement should act quickly to take advantage of this opportunity.
If you or someone you know believes they may benefit from the agreement, it is crucial to submit your asylum application before February 24, 2025.
At Curbelo Law, we are ready to help you understand how this settlement could impact your case and guide you through the process. Call us today, send us an email, or schedule an appointment with our office, located in Ridgewood, New Jersey.
