Court Enjoins Remain in Mexico Policy

Kevin R. Johnson

09 Oct 2026 — 1 min read

From Immigrant Defenders Law Center press release:

"Court Strikes Down Remain in Mexico Policy

Riverside, CA (October 9, 2026) – On Wednesday, a federal court declared the Trump administration’s implementation of the Remain in Mexico policy unlawful and ordered that it be vacated and set aside. The Court found that the policy violated U.S. immigration law by obstructing asylum seekers’ rights to apply for protection, access counsel, and obtain a full and fair hearing, as well as the plaintiff organizations’ ability to provide meaningful legal services.

The case, Immigrant Defenders Law Center v. Mullin, is a class action lawsuit brought on behalf of two legal services organizations, Immigrant Defenders Law Center and Jewish Family Service of San Diego, and a group of individual plaintiffs who represent a larger class of asylum seekers who had their cases terminated or received final deportation orders after being deprived of meaningful access to the U.S. asylum process as a result of the Remain in Mexico policy. The plaintiffs are represented by the Center for Gender & Refugee Studies, Innovation Law Lab, the National Immigration Project, Southern Poverty Law Center, and Arnold & Porter LLP."

Perhaps I am missing something but the ruling seems to be in tension with the Supreme Court's decision in Mullin v. Al Otro Lado (2026), which upheld an policy of barring asylum seekers from entering the United States and applying for asylum.

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