March 25, 2024 — FOR IMMEDIATE RELEASE
On March 21, 2024, HLLI filed an amicus brief with the Ninth Circuit supporting five states, Alabama, Georgia, Kansas, Louisiana, and West Virginia, seeking to intervene in the lawsuit, East Bay Sanctuary v. Biden.
The lawsuit challenges the administration’s Circumvention of Lawful Pathways rule. This rule, which replaces the previous “Remain in Mexico”; policy, restricts asylum claims for immigrants entering the US through countries other than their country of origin.
HLLI’s amicus brief underscores concerns about the apparent collaboration between the government and private litigants to sidestep accountability and push through policy changes that might otherwise face hurdles. This tactic, often called “sue and settle” raises constitutional and policy questions and bypasses the normal political process while allowing the executive branch to evade accountability.
States like the intervenors have borne the brunt of the Biden administration’s failed immigration policies and are rightly concerned that this eleventh-hour maneuver will result in a settlement that makes the problem worse and creates additional burdens for states already stretched because of the massive influx of immigrants. HLLI’s amicus asserts that the States should be allowed to intervene to act as a check on potential collusion between the parties and ensure that there is an appropriate resolution to the case.
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Founded in 2019, Hamilton Lincoln Law Institute is a nonprofit public interest law firm that challenges improper restrictions on speech, administrative and regulatory actions, and abuses of the class action and civil justice system that exceed constitutional limits, promote rent-seeking, or otherwise improperly created deadweight loss.
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For more information about this case, contact:
Ted Frank, Director of Litigation, (703) 203-3848, ted.frank@hlli.org
Ned Hedley, ned.hedley@hlli.org