Al Otro Lado, Inc. v. Trump
Overview
Overview
Individuals who attempted to claim asylum in the United States sued the Trump administration over the closure of access to asylum at ports of entry along the U.S.-Mexico border.
The Issue
Issue
Whether the Trump administration has constitutional and statutory authority to close asylum access at U.S.-Mexico border ports of entry, and whether such closure violates the Immigration and Nationality Act and Administrative Procedure Act.
The Rules
Rule
Under INA §208, aliens present in or arriving at U.S. borders may apply for asylum. The APA requires federal agency action to remain within statutory authority and not be arbitrary and capricious. Courts review asylum restrictions against these statutory frameworks and applicable constitutional due process protections.
The Application
Analysis
Plaintiffs challenge the executive closure of asylum processing at southern border ports of entry as exceeding statutory authorization under the INA and violating APA procedural requirements. The central question is whether the administration may effectively suspend asylum access rather than administer the asylum statute as written.
The Conclusion
The case remains active before Judge Ruth Bermudez Montenegro in the Southern District of California. On March 25, 2026, the court granted the plaintiffs leave to proceed pseudonymously, and on March 30, 2026, it granted class certification. The government's motion to dismiss is fully briefed and pending, and the matter continues to move forward with supplemental briefing filed as recently as July 2026.
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