Huisha-Huisha v. Gaynor

What was at stake

Asylum-seeking families who fled to the United States were at stake, with their right to seek asylum in the US being challenged.

What happened

A group of asylum-seeking families who fled violence and persecution in their home countries traveled to the United States seeking protection. They were subjected to expulsion under a public-health order (Title 42) that the government used to rapidly remove migrants at the border, preventing them from making asylum claims. The plaintiffs challenged their removal, arguing that expelling them to countries where they faced danger violated U.S. statutory and treaty obligations, including the principle of non-refoulement.

What the court decided

On a motion by a class of asylum-seeking families, the court held the plaintiffs were likely to succeed on the merits of their claim that the government's Title 42 expulsion process is unlawful, reasoning that 42 U.S.C. Section 265 authorizes prohibiting the introduction of persons but does not grant the power to expel or remove noncitizens already present in the United States, and that the process conflicts with the immigration laws and FARRA protections against return to persecution or torture. The court certified the class and granted a classwide preliminary injunction barring application of the Title 42 Process to the plaintiff families, staying the injunction for 14 days.

Statutes and cases cited

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Authoritative link