U.S. District Court for the Southern District of California
What is the government doing and why are we challenging it?
Within hours of taking office on January 20, 2025, the Trump administration took a series of actions to unlawfully shut down access to asylum at ports of entry along the U.S.-Mexico border.
From May 2023 until January 20, 2025, the only available avenue for most people to seek asylum at the southern border was through an appointment on CBP One, a government-administered smartphone app that was notoriously difficult to access. During this time, the U.S. government repeatedly encouraged people seeking asylum to register for CBP One and wait in Mexico until they received an appointment to present themselves at a port of entry. When an asylum seeker showed up at a port of entry for their scheduled appointment, the Department of Homeland Security (DHS) would typically issue them a notice to appear in immigration court and release them into the United States to pursue their legal claims in safety. Thousands of asylum seekers heeded the government’s instructions, often spending many months waiting in dangerous conditions in Mexico while trying repeatedly to obtain a CBP One appointment.
On January 20, 2025, the Trump administration suspended access to asylum for people seeking safety at ports of entry along the U.S. southern border. The administration also abruptly cancelled all scheduled CBP One appointments, leaving approximately 30,000 asylum seekers stranded in Mexico without recourse. In doing this, the government pulled the rug out from under people who had been waiting to schedule CBP One appointments, in addition to those who had appointments scheduled on or after January 20
What is at stake?
There is no legal basis for the government’s decisions to cancel scheduled CBP One appointments or to effectively close ports of entry to people seeking asylum. To the contrary, the government has a statutory obligation to provide access to the U.S. asylum process, including at ports of entry along the southern border. Nothing in the Immigration and Nationality Act or any other source of law permits the government’s asylum shutdown policy.
The experiences of our individual plaintiffs and those served by our organizational plaintiffs, Al Otro Lado and Haitian Bridge Alliance, underscore the cruelty of the government’s unlawful actions. People seeking protection from persecution - who have the right to a fair process under our laws - are instead being left stranded in perilous conditions in Mexico, with no discernible path to safety. Both Al Otro Lado and Haitian Bridge Alliance, which provide life-saving legal and humanitarian services to people seeking asylum at the border, have seen their operations completely derailed.
The individual plaintiffs in our lawsuit include:
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Maria Doe, a Mexican national, scheduled an appointment through CBP One in hopes of seeking asylum in the United States after suffering a years-long retaliation campaign by a cartel that murdered her family members and continues to target her for testifying against its police collaborators in Mexico. Her appointment was cancelled on January 20, forcing Maria and her husband into hiding, stuck in the country they are desperate to flee.
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Jessica Doe, a Colombian national, scheduled an appointment through CBP One after she was relentlessly pursued by a powerful gang that physically and sexually abused her, threatened her with death, and murdered her loved ones. Jessica made it to Mexico and spent months trying to obtain a CBP One appointment. While waiting for an appointment to become available, Jessica was kidnapped by gang members. She escaped and managed to secure an appointment in February 2025, which was cancelled on January 20.
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Fernando Doe, a Venezuelan national, scheduled an appointment through CBP One after fleeing political persecution by the Maduro regime, which he fears will imprison or disappear him for his involvement in anti-government protests. On his way through Mexico, Fernando was kidnapped and beaten by a Mexican cartel. After escaping his kidnappers and spending seven months trying, Fernando finally secured a CBP One appointment, which was abruptly cancelled on January 20. While stranded in Mexico, he has been threatened by men whom he believes are connected to the Maduro regime.
What’s the status of this case?
CGRS and our co-counsel filed the legal challenge in the U.S. District Court for the Southern District of California on June 11, 2025.
Who’s involved?
CGRS is co-counsel, along with the American Immigration Council, Democracy Forward, and the Center for Constitutional Rights.
We represent two organizational plaintiffs that serve asylum seekers in the United States and Mexico, Al Otro Lado and Haitian Bridge Alliance. We also represent 11 individual plaintiffs who have been harmed by the Trump administration’s unlawful asylum shutdown policy.
How can you help?
Need more information?
Contact Brianna Krong, Communications and Advocacy Manager, at krongbrianna@uclawsf.edu.
Resources for Advocates
Attorneys representing clients who may be subject to restrictions on asylum eligibility can request assistance from CGRS through our Technical Assistance Library.