Your Rights Under Al Otro Lado v. Mayorkas

You may have an additional opportunity to seek asylum in the United States!

Traducir Página: | Paj tradui: | Translate page to:

Please read this page if you:
  1. traveled to the U.S./Mexico border before July 16, 2019 to seek asylum, and
  2. placed or tried to place your name on an asylum waiting list, or tried and were unable to enter the United States at a port of entry, and
  3. were deported from the United States.

Watch the video from Al Otro Lado Org to learn more.

If you meet the requirements below, please complete this survey to contact the lawyers in the case to see if you qualify to return to the United States to seek asylum again.

What is Al Otro Lado v. Mayorkas?

Al Otro Lado v. Mayorkas is a lawsuit against the United States government challenging its “metering” policies at land ports of entry at the border between the United States and Mexico.

Under metering, asylum seekers were stopped from crossing into the U.S. at ports of entry. Some asylum seekers were told that the port was full and could not process them. Others were required to put their name on a waitlist in Mexico and could not enter the U.S. to seek asylum until their number was called.

A court has prohibited the U.S. government from applying a rule known as the “third country transit rule” to deny asylum to certain people who were metered.

The court decision in Al Otro Lado v. Mayorkas prohibits the U.S. government from applying this rule to asylum seekers who arrived at the United States-Mexico border before July 16, 2019 but were not allowed to cross the border until July 16 or after due to “metering.”

You have rights under this court decision if you meet all 5 of the following requirements:

  1. Traveled to the United States-Mexico border AND either
    1. tried to enter the United States to seek asylum through a land port of entry at the U.S./Mexico border before July 16, 2019 OR
    2. put your name (or tried to or had someone else put your name) on a waitlist before July 16, 2019;
  2. Were unable to cross the border into the United States until July 16, 2019 or after that date due to metering;
  3. Are not a Mexican citizen or national;
  4. Were denied asylum or failed your credible fear interview in the United States because of the Transit Ban; and
  5. Still wish to seek asylum in the United States.

If you meet the above requirements, complete this survey to contact the lawyers in the case to see if you qualify to return to the United States to seek asylum again.

You may have been subject to metering if:

  • You arrived at a land port of entry at the U.S./Mexico border and were told that you had to wait to enter the United States or that the port of entry did not have the capacity to process you; or
  • You signed up or wrote your name on a wait list in Mexico (or tried to do so or had someone else do so for you) after arriving at a border town close to the border between the United States and Mexico.
Metering is not the same as the “Remain in Mexico” program or, as the government calls it, “Migrant Protection Protocols” or “MPP.”

What is the “third country transit rule”?

The U.S. government implemented the “third country transit rule”, frequently called the “Transit Ban,” on July 16, 2019. It is no longer in effect*, but it established that, with a few exceptions, a person was not eligible for asylum if they:

  1. were from a country that is not Mexico;
  2. did not seek asylum or some other form of legal protection in Mexico or another country through which they traveled on the way to the United States; and
  3. entered the United States through a land port of entry between the United States and Mexico on July 16, 2019 or after that date.
* Please note that the Biden Administration proposed a similar rule in February 2023, but the Al Otro Lado v. Mayorkas court order does not cover the new rule. The court order only applies to the rule implemented on July 16, 2019

If you meet the requirements above, please complete this survey to communicate with the team of attorneys on the Al Otro Lado v. Mayorkas case, to analyze your case and determine if you may be eligible to return to the United States to seek asylum.

Contact

You may also contact us on WhatApp, over the phone, or at the email address below.

Most Read

  • Publications
  • Blog Posts
  • Past:
  • Trending