Court filing
Status Report — East Bay Sanctuary v. Trump
Record facts
| Court | U.S. District Court for the Northern District of California |
|---|---|
| Filed | 2023-02-23 |
U.S. District Court for the Northern District of California · No. 4:18-cv-06810-JST · Doc. 146 · 2023-02-23 · Docket on CourtListener
Full text
STATUS REPORT
East Bay v. Trump, Case No. 4:18-cv-06810-JST,
East Bay v. Barr, No. 4:119-cv-04073-JST
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BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
WILLIAM C. PEACHEY
Director
EREZ REUVENI
Assistant Director
Office of Immigration Litigation
U.S. Department of Justice, Civil Division
P.O. Box 868, Ben Franklin Station
Washington, DC 20044
Tel: (202) 307-4293
Email: Erez.R.Reuveni@usdoj.gov
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION
East Bay Sanctuary Covenant, et al.,
Plaintiffs,
v.
Donald J Trump, et al.,
Defendants.
No. 4:18-cv-06810-JST
STATUS REPORT
East Bay Sanctuary Covenant, et al.,
Plaintiffs,
v.
William Barr, et al.,
Defendants.
No. 4:19-cv-04073-JST
STATUS REPORT
Case 4:18-cv-06810-JST Document 146 Filed 02/23/23 Page 1 of 4
STATUS REPORT
East Bay v. Trump, Case No. 4:18-cv-06810-JST,
East Bay v. Barr, No. 4:119-cv-04073-JST
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We write to provide the Court with a status update concerning the Departments of
Homeland Security and Justice’s review of the rules at issue in these cases, consistent with the
Court’s order issued June 24, 2022, keeping these cases in abeyance pending that review, and prior
status reports in these cases.
On February 23, 2023, the Departments published a Notice of Proposed Rulemaking
(“NPRM”) that would, if finalized, rescind the two rules at issue in these cases. See Circumvention
of
Lawful
Pathways,
88
Fed.
Reg.
11,704
(Feb.
23,
2023),
available
at
https://www.federalregister.gov/documents/2023/02/23/2023-03718/circumvention-of-lawful-
pathways. That NPRM proposes to “address the reality of unprecedented migratory flows” and
“potential surge of migration at the southwest border [] of the United States following the eventual
termination of the Centers for Disease Control and Prevention’s (‘CDC’) public health Order” by
“establish[ing] a presumptive condition on asylum eligibility for certain noncitizens who fail to
take advantage of” “existing and expanded lawful pathways to enter the United States, including
the opportunity to schedule a time and place to present at a port of entry and thus seek asylum or
other forms of protection in a lawful, safe, and orderly manner, or to seek asylum or other
protection in one of the countries through which they travel on their way to the United States.” Id.
at 11,704, 11,706. The NPRM further proposes that the final rule be in effect for a period of two
years. Id. at 11,726.
As part of the NPRM, “[t]he Departments propose rescinding prior rules establishing bars
to asylum,” specifically Aliens Subject to a Bar on Entry Under Certain Presidential
Proclamations; Procedures for Protection Claims, 83 Fed. Reg. 55,934 (Nov. 9, 2018) and Asylum
Eligibility and Procedural Modifications, 85 Fed. Reg. 82,260 (Dec. 17, 2020). Id. at 11,727-28.
“The Departments have reconsidered the approaches taken in those rules and now believe that the
tailored, time-limited approach proposed here—which couples mechanisms for individuals to
enter lawfully (and as appropriate make protection claims) with new conditions on asylum
eligibility for those who enter without taking advantage of these and other lawful processes—is
better suited to address increased flows across the” Southwest Border. Id. at 11,728.
The NPRM provides for a comment period to permit the Departments “to be in a position
Case 4:18-cv-06810-JST Document 146 Filed 02/23/23 Page 2 of 4
STATUS REPORT
East Bay v. Trump, Case No. 4:18-cv-06810-JST,
East Bay v. Barr, No. 4:119-cv-04073-JST
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to finalize the proposed rule, as appropriate, before the Title 42 public health Order is lifted” on
May 11, 2023. Id. at 11,708. The comment period closes on March 27, 2023.
The Departments will submit another status report within 90 days of this filing or sooner
if there are new developments in light of changed circumstances.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
WILLIAM C. PEACHEY
Director
By: /s/ Erez Reuveni
EREZ REUVENI
Assistant Director
Office of Immigration Litigation
U.S. Department of Justice, Civil Division
P.O. Box 868, Ben Franklin Station
Washington, DC 20044
Tel: (202) 307-4293
Email: Erez.R.Reuveni@usdoj.gov
Dated: February 23, 2023
Attorneys for Defendants
Case 4:18-cv-06810-JST Document 146 Filed 02/23/23 Page 3 of 4
STATUS REPORT
East Bay v. Trump, Case No. 4:18-cv-06810-JST,
East Bay v. Barr, No. 4:119-cv-04073-JST
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CERTIFICATE OF SERVICE
I hereby certify that on February 23, 2023, I electronically filed the foregoing document
with the Clerk of the Court for the United States Court of for the Northern District of California
by using the CM/ECF system. Counsel in the case are registered CM/ECF users and service will
be accomplished by the CM/ECF system.
By: /s/ Erez Reuveni
EREZ REUVENI
Assistant Director
United States Department of Justice
Civil Division
Case 4:18-cv-06810-JST Document 146 Filed 02/23/23 Page 4 of 4File and source
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