NOTE: This case was previously titled “Haitian Bridge Alliance v. Biden but has been updated to reflect the change in administration.
Justice Action Center, Innovation Law Lab, and Haitian Bridge Alliance (HBA) filed this federal class action lawsuit on behalf of 11 individual plaintiffs and organizational plaintiff HBA to seek justice and accountability for the U.S. government’s abuse, unlawful detention, and summary expulsion of thousands of Haitians seeking safety in Del Rio, Texas, in September 2021.
The complaint details the Title 42 process of summarily expelling asylum seekers, especially as applied to the thousands of Haitians at Del Rio, was unlawful. It also alleges that President Biden and DHS developed a “Haitian Deterrence Policy” intended to deter Haitian nationals, both in Del Rio in September 2021 and in the future, from coming to the border to access the United States asylum system, as the Immigration and Nationality Act allows.
On June 10, 2023, the government filed a motion to dismiss, arguing that relief could not be granted and thus urging for dismissal of all the claims in the suit. On March 6, 2026, the court granted the motion in part and denied it in part, ruling that plaintiffs who were unlawfully expelled back to Haiti and remain outside the United States may continue to pursue certain claims. Specifically, those plaintiffs may continue pursuing claims related to the government’s actions that prevented them from seeking two forms of protection in the U.S.: withholding of removal or protections under the Convention Against Torture (CAT). The plaintiffs have since then moved to certify a class of such individuals. Briefing on that class certification motion will conclude on November 13, 2026.
News Coverage:
- 2/26/24 | The Grio | After more than two years, lawsuit against Biden administration for treatment of Haitian migrants proceeds
- 9/22/22 | Huffington Post | A Year After Being Chased By Border Patrol, Haitian Migrants Are Still Traumatized
- 9/7/22 | NPR | After Del Rio, some Haitian migrants found safety in the U.S. But many have not
- 3/16/22 | Time | Haitian Migrant Mirard Joseph Tells His Story After Del Rio
- 1/19/22 | The New Yorker | Del Rio and the Call for Migrant Justice | The New Yorker
- 12/22/21 | Democracy Now | Haitian Asylum Seekers Sue U.S. Government for “Anti-Black Racism Within the Immigration System”
- 12/20/21 | The New York Times | Haitian Migrants File Lawsuit Protesting Treatment by Border Patrol
Advocacy Tools:
- Haitian Bridge Alliance v. Biden Social Toolkit
- #1YearAfterDelRio Anniversary Week of Action Toolkit + Events
- Shadow Report Submitted to the United Nations on Del Rio – CERD
Press Releases:
- 6/22/23 | After Title 42’s End, Plaintiffs in Haitian Bridge Alliance v. Biden Allege Continued Racial Discrimination and Rights Violations
- 9/19/2022 | Haitians Abused in Del Rio Speak Out, Demand Accountability One Year Later
- 7/26/22 | 14 States and District of Columbia File Amicus Brief Supporting Haitian Plaintiffs in HBA v. Biden
- 7/19/22 | Co-Counsel in Haitian Bridge Alliance v. Biden File Opposition to DOJ’s “Baseless” Motion to Dismiss
- 6/22/22 | Nine Months After CBP Abuse in Del Rio, No Movement Towards Accountability
- 12/20/21 | Federal Class Action Lawsuit Alleges Racist and Abusive Treatment of Haitian Migrants in Del Rio, Texas