The US District Court for the Western District of Washington [official website] on Thursday granted summary judgment [order, PDF] in favor of several groups of immigrants seeking asylum both in and out of Department of Homeland Security (DHS) [official website] custody. The ruling in the class-action lawsuit requires DHS to provide adequate notice of the one-year application deadline.

The immigrant groups asserted that DHS’ failure to provide all the class members with notice of the one-year asylum application deadline and failure to implement procedural mechanisms essential for a timely submission of their asylum applications violated the Immigration and Nationality Act, Administrative Procedure Act [statutes], governing regulations, and due process.

DHS opposed the motion arguing the immigrant groups sought to impute notice requirements that neither Congress nor the U.S. Constitution mandated.

First turning to the legislative history of the passing of §1158 of the Title VIII Aliens and Nationality Chapter [text], the court indicated that congress was “concerned about potential limitations on the rights of applicants with legitimate claims” and would be “watching how the one-year time limit was being implemented to make sure it was implemented fairly.” The court noted that the failure to provide all class members with notice of the one-year application period violated the congressional intent to ensure that asylum is available for those with legitimate claims of asylum and was particularly true where unsuccessful efforts to seek asylum failed due to technical defects.

The court next dismissed the DHS claim that the public notice from the recording of the statute alone was sufficient to apprise the plaintiffs of the one-year period. Pointing to the limitations of the persons seeking asylum, as many class members suffered severe trauma, did not speak English, were unfamiliar with the complicated US immigration system, and did not have access to counsel, the court concluded that the individuals were reasonably unaware that they should seek out information about any possible deadline, and thus failed to receive sufficient notice.

In granting the motion, Chief Judge Ricardo Martinez stated:

Within 90 days of this Order, DHS … shall adopt a notice of the one-year filing deadline, in consultation with class members, and to thereafter provide this notice to all class members who have already been released. For all future class members who have not been released, DHS … shall provide this notice prior to or at the time that these individuals are released from custody.

[DHS is] ordered to accept as timely filed any asylum application from a class member that is filed within one year of the date of adoption of the notice described in [this Order].

Within 120 days of this Order, [DHS] shall adopt and publicize, in consultation with class members, uniform procedural mechanisms that will ensure that class members are able to file their asylum applications in a timely manner, and to thereafter immediately implement this procedure.