News & Resources

Abdi v. Mayorkas: Securing fair opportunity for freedom for incarcerated asylum seekers

In August 2017, we filed a class action challenge to the incarceration of asylum seekers at the Batavia immigration facility in New York. The government had unfairly continued to incarcerate class members who, after seeking asylum at the border, had established that they have a significant likelihood of success on their asylum claims.

The case alleges that the government is required to give asylum seekers a fair opportunity to be released on parole and/or bond pending their asylum cases.

The court ruled in favor of the asylum seekers in November 2017, issuing a preliminary injunction requiring the government to follow its own procedures in granting access to parole. Although the court initially also required bond hearings after 6 months of incarceration, this ruling was vacated in September 2019 following the Supreme Court decision in Jennings v. Rodriguez, 138 S. Ct. 830 (2018).

In January 2022, the court approved a settlement we reached with the government that secures protections the court ordered in 2017, including that these asylum seekers will be notified of the availability of parole in a language they understand, be given a parole interview with an immigration officer, be provided an explanation for their parole decision and be informed they can seek reconsideration if parole is initially denied.

The New York Civil Liberties Union and Sidley Austin LLP are co-counsel in this litigation.

Case Status:
In Settlement Monitoring
View the Complaint View the Preliminary Injunction View the Settlement Agreement

Follow the Case

Oct 7, 2021

Settlement Will Solidify Right to Parole Process for Asylum Seekers in Immigration Detention in Batavia

The International Refugee Assistance Project (IRAP), the New York Civil Liberties Union (NYCLU), and Sidley Austin LLP today announced a settlement in Abdi et al. v Mayorkas et al, their 2017 case challenging the blanket denial of parole to asylum seekers screened in at the border and detained at the Buffalo Federal Detention Center in Batavia.

Press Release

Feb 12, 2018

Press Release: Federal Court Orders Immigration Judges to Consider Asylum Seekers’ Ability to Pay When Setting Bond

FOR IMMEDIATE RELEASE                        

Press Release

Nov 20, 2017

Press Release: Court Orders Federal Immigration Jail in Buffalo to Offer Parole, Bond Hearings for Asylum-Seekers

FOR IMMEDIATE RELEASE                        

Press Release

  • August 21, 2017 First amended complaint

    View Document +

  • August 25, 2017 Plaintiffs’ motion for class certification

    View Document +

  • September 12, 2017 Defendants’ motion to dismiss

    View Document +

  • September 25, 2017 Plaintiffs’ motion for preliminary injunction

    View Document +

  • October 4, 2017 Plaintiffs’ opposition to motion to dismiss

    View Document +

  • October 11, 2017 Defendants’ reply in support of motion to dismiss

    View Document +

  • October 20, 2017 Defendants’ opposition to preliminary injunction

    View Document +

  • October 26, 2017 Plaintiffs’ reply in support of preliminary injunction

    View Document +

  • November 13, 2017 Defendants’ opposition to class certification

    View Document +

  • November 17, 2017 Order granting preliminary injunction and denying motion to dismiss

    View Document +

  • December 19, 2017 Order granting class certification

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  • January 8, 2018 Plaintiffs’ motion to consider ability to pay and alternatives to money bond at bond hearings

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  • January 22, 2018 Defendants’ opposition to motion to consider ability to pay and alternatives to money bond at bond hearings

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  • January 25, 2018 Plaintiffs’ reply in support of motion to consider ability to pay and alternatives to money bond at bond hearings

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  • February 9, 2018 Decision granting motion to consider ability to pay and alternatives to money bond at bond hearings

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  • October 31, 2018 Defendants’ motion to vacate the bond injunction

    View Document +

  • November 17, 2017 Plaintiffs’ reply in support of class certification

    View Document +

  • December 7, 2018 Plaintiffs’ opposition to motion to vacate

    View Document +

  • December 7, 2018 Data declaration in support of opposition to motion to vacate

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  • December 7, 2018 Former immigration judge declaration in support of opposition to motion to vacate

    View Document +

  • December 7, 2018 Dr. Allen Keller declaration in support of opposition to motion to vacate

    View Document +

  • December 13, 2018 Defendants’ motion to decertify bond class

    View Document +

  • March 1, 2019 Plaintiffs’ opposition to motion to decertify bond class

    View Document +

  • March 22, 2019 Defendants’ reply in support of motion to decertify bond class

    View Document +

  • September 24, 2019 Order granting motion to decertify bond class

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  • October 7, 2021 Motion for Preliminary Approval of Proposed Settlement Agreement

    View Document +

  • October 22, 2021 Order Granting Preliminary Approval of Settlement Agreement

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  • January 5, 2022 Order Granting Final Approval of Settlement Agreement

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  • Court docket available here

    View Document +

  • Settlement Will Solidify Right to Parole Process for Asylum Seekers in Immigration Detention in Batavia

    10/7/2021

    View Press Release +

  • Press Release: Federal Court Orders Immigration Judges to Consider Asylum Seekers’ Ability to Pay When Setting Bond

    2/12/2018

    View Press Release +

  • Press Release: Court Orders Federal Immigration Jail in Buffalo to Offer Parole, Bond Hearings for Asylum-Seekers

    11/20/2017

    View Press Release +