Refugee and Immigrant Center for Education and Legal Services v. Noem

About the case

RAICES v. Noem is a major separation-of-powers and asylum-access case challenging the administration's effort to bar asylum processing through proclamation and implementing guidance. The D.C. Circuit's April 24, 2026 decision held that the INA does not let the President bypass Congress's removal procedures, suspend access to asylum, or curtail withholding and CAT procedures through proclamation-based summary removals. The government is now seeking Supreme Court review under the caption Mullin v. RAICES, No. 26-239. On October 6, 2026, the government filed its reply urging the Court to grant review and reverse, and alternatively suggesting a hold pending DHS v. D.V.D., No. 26-426, before granting review. The reply challenges the asylum-access ruling, classwide relief, and class definition; it does not establish a Supreme Court decision on those issues. On October 7, the petition was distributed for the November 6 conference.

Relief

The plaintiffs seek to keep the asylum shutdown and related summary-removal procedures from displacing statutory asylum, withholding, and CAT protections.

What's next

The petition is scheduled for the November 6 conference; the next substantive milestone is a decision whether to grant review.