The J.O.P. v. DHS Litigation, Four Years In: What Asylum Seekers and Their Advocates Need to Know


  • Free


The J.O.P. v. DHS Litigation, Four Years In: What Asylum Seekers and Their Advocates Need to Know

Tuesday, April 4th at 10am Pacific/1pm Eastern

Zoom Webinar

Duration: One Hour and Fifteen Minutes   Cost: Free   CLE Credit: None


The right to apply for asylum pursuant to the TVRPA’s “initial jurisdiction” provision is a valuable right for those who entered the United States without a parent before the age of 18, and it is not always obvious to practitioners that a client is entitled to USCIS’s initial jurisdiction, and/or that a client is a member, or could become a member, of the J.O.P. class.

Who should attend this program?  Any advocate working with a client who applied for, or may apply for, asylum should consider attending if their client arrived in the United States without a parent and before reaching the age of 18.  The webinar is open to all interested practitioners, but is not open to federal government employees, agents, or contractors; or to members of the media.  Advance registration is required.

Summary of J.O.P. v. DHS: In December of 2020, the U.S. District Court for the District of Maryland issued a preliminary injunction in J.O.P. v. DHS prohibiting the government from relying on a 2019 policy that restricted the rights of asylum seekers who entered the United States as unaccompanied children. In the same order, the court also certified a nationwide class and provided a number of protections to class members. The J.O.P. class includes all ‚Äč‚Äčindividuals who: were determined to be an “unaccompanied alien child”; filed an asylum application that was pending with USCIS and have not received a merits adjudication of their asylum application by USCIS; and, on the date they filed their asylum application with USCIS, were 18 years of age or older, or had a parent or legal guardian in the United States who is available to provide care and physical custody. The J.O.P. preliminary injunction and class certification ruling remains in effect as the parties engage in settlement negotiations.

Program Description: During this free webinar, members of the J.O.P. plaintiffs’ counsel team will (1) provide an overview of the litigation and the court’s preliminary injunction and class certification order, (2) describe steps practitioners can take to protect J.O.P. class members’ rights, including strategies for navigating the removal proceedings of J.O.P. class members while they await USCIS adjudication of their asylum applications; and (3) as time allows, answer questions about the J.O.P. litigation submitted in advance by webinar registrants.  Registration and question submissions will close at 11:59 pm Eastern on April 3, 2023.



Rebecca Scholtz, Senior Staff Attorney, National Immigration Project

Mary Tanagho Ross, Senior Staff Attorney, Public Counsel

Wendy Wylegala, Director, Legal Strategy, Kids in Need of Defense


You can register for this free webinar HERE.