R.I.L-R v. Johnson
2015 WL 737117
D.D.C.2015Background
- Central American mothers and their minor children detained after entering unlawfully in 2014 faced an ICE custody decision after passing credible-fear screening.
- Plaintiffs allege DHS’s June 2014 No-Release policy deters future asylum-seekers by denying release to detained families without individualized determinations.
- Plaintiffs seek a preliminary injunction to enjoin the policy during the lawsuit.
- Court reviews detention authorities under 8 U.S.C. § 1226(a) and DHS’s detainer/release framework.
- Plaintiffs request provisional class certification to address the policy’s effects on a broader class.
- Court holds that a policy deterring mass migration exists and grants injunction and provisional class certification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DHS policy deters mass migration and is unlawful | RIL-R argues the No-Release Policy violates INA/APA | Johnson/ICE contends policy is discretionary and lawful | Policy likely unlawful; injunction granted |
| Whether Plaintiffs have standing to challenge the policy | Plaintiffs show injury from detention and potential release via IJ redeterminations | Some plaintiffs released; standing undermined | Standing established for at least one plaintiff; injury redressable by injunction |
| Mootness and relation back for class certification | Inherently transitory class permits relation back; live claim for class | Named plaintiffs moot; class relief inappropriate | Provisional class certification granted; relation back permitted to preserve reviewability |
| Whether 8 U.S.C. §1252(f)(1) bars class-wide injunctive relief | Relief would address unlawful conduct, not operation of detention statute | §1252(f)(1) bars class-wide injunction | §1252(f)(1) does not bar class-wide relief here |
Key Cases Cited
- Winter v. NRDC, 555 U.S. 7 (U.S. (2008)) (establishes four-part preliminary-injunction test)
- Zadvydas v. Davis, 533 U.S. 678 (U.S. (2001)) (limits detention to reasonable period; due-process safeguard)
- Demore v. Kim, 538 U.S. 510 (U.S. (2003)) (upheld certain detention grounds in immigration context under specific circumstances)
- Bennett v. Spear, 520 U.S. 154 (U.S. (1997)) (standing and redressability principles used in analysis)