Feds Fight Migrants' Class Cert. Bid In Asylum 'Turnback' Suit

Law360 (July 30, 2020, 10:06 PM EDT) -- A California federal judge appeared likely to allow migrants who claim they were denied access to the asylum system to proceed as a class, telling the objecting government lawyer at a Thursday hearing that his concerns would ultimately be resolved at trial.

U.S. Department of Justice attorney Alexander Halaska contended that the type of evidence put forward to prove border officers are systematically turning asylum-seekers away, including a government whistleblower's testimony, "are really not the types that generate categorical classwide answers," but rather only reflect individual experiences.

Other allegations levied in the lawsuit, including that border officers coerced and threatened asylum-seekers...

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