Tuesday, August 12, 2025

The Asylum Seekers' Attorneys File To Extend The Ms. L. Settlement Agreement Provisions, Based On Noem / Miller / Trump's Willful Violations Of USDC Orders...


This is all collateral damage, from DOGE / Musk bloodletting. Those fecklessly malign morons summarily shut down contracts that are mandated by federal law -- specifically the Ms. L. class action settlement, a deal that Trump himself signed during Tangerine 1.0. [But make no mistake -- the intentional goal was to practically render inoperable, the undocumented persons' constitutional rights.]

So the ACLU and its partners in San Diego are working to restore legal services to the class members / asylum seekers and their families. This is just a vast waste of federal judicial resources / time, engendering the repeated ordering of ICE agents -- to do what they've repeatedly been ordered to do, over and over again, over the last seven years. Here's the 15-page overnight motion, in full -- and a bit of it. It will be granted:

. . .[Noem / Rubio / Trump / Miller's] breaches of the Settlement Agreement have left class members and their families without mandated legal services for nearly four months and without case management services for three. During this time, hundreds of class and family members have lost their parole status, leaving them vulnerable to detention, removal, and reseparation. Thousands more have been deprived of the services they need to access relief through the Settlement. All the while, the two-year deadline to apply for crucial asylum relief, designed by the parties to remedy the harm of separation, has approached. For the thousands of families in the class when the Settlement became effective, the deadline to apply for this relief is just months away, on December 11, 2025.

The Court has already ordered Defendants to comply with the Settlement by entering into new contracts with Acacia Center for Justice (“Acacia”) and Seneca Family of Agencies (“Seneca”) by August 25, 2025. But both Acacia and Seneca will take months to restaff and rebuild the terminated programs to their pre-termination capacity. As they do so, the organizations must address the backlogs created by the Defendants’ breaches. Individuals who were in the services pipeline must be recontacted and readvised; individuals whose parole ended must reapply. And these organizations must address these immediate needs before it can even prepare people to apply for asylum in advance of the fast approaching deadline. . . .

Without the further relief requested here, Defendants’ breaches will continue to frustrate the purpose and terms of the Settlement:

Plaintiffs request a one-year extension of certain deadlines under the Settlement. The extensions are necessary to address the harm of Defendants’ breaches by allowing service providers the necessary time to rebuild capacity and to ensure class and family members have the time necessary to access relief. . . .

Plaintiffs request that the Court extend all eligibility periods in Settlement § IV.B. by six months. These periods for either signing up to start certain benefits, or for the actual duration of receiving such benefits, could be unjustly shortened because Defendants ceased providing services.

The Court has the authority to order the relief. The parties have agreed that the Court has the jurisdiction and authority to issue “such relief . . . as the Court deems necessary for enforcement of the Settlement Agreement.” ECF No. 831, at 11. The relief requested is necessary and tailored to address the breach and further the purposes of the Settlement. In addition, Fed. R. Civ. P. Rule 60(b) authorizes the Court to modify the judgment in light of changed circumstances. A party’s breach of a court ordered settlement agreement constitutes changed circumstances, and modification of deadlines is appropriately tailored to address the breach. . . .

The vast majority of class members -- several thousand individuals -- have upcoming asylum deadlines on December 11, 2025, in just four months. . . .


The able USDC Judge Sabraw will grant this relief. Trump and Noem have been distainful of this court ordered settlement, one Trump himself agreed to, during his first term in office, in 2018. Damn -- this is what. . . fascism looks like, in 2025.

नमस्ते

No comments: