NOTICE OF PROPOSED CLASS ACTION SETTLEMENT ON ATTORNEYS’ FEES AND COSTS – M.M.M., et al. v. SESSIONS, et al.

If you were an alien child who came to the U.S. border with your parents or legal guardian, were apprehended or taken into custody by the U.S. government together, but then separated by the U.S. government and held apart in different immigration facilities, you may be affected by a proposed class action settlement.

A proposed settlement on attorneys’ fees and costs (“Fees Settlement”) has been reached in a class action lawsuit called M.M.M. v. Sessions, 3:18-cv-1832-DMS (S.D. Cal.). This lawsuit is about minor aliens who came to the U.S.-Mexico border, were apprehended or taken into custody by the U.S. government, were separated from their parents or legal guardians by the U.S. government, and whose opportunities to pursue asylum may have been thus affected. The parties in the lawsuit have already settled the merits of the case. The U.S. District Court for the Southern District of California must now decide whether to approve the Fees Settlement that the lawyers have negotiated.

This Notice will tell you about the Fees Settlement. You are not being sued, and this is not an advertisement. If you think the Settlement relates to you, please read this Notice.

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT.

What is the lawsuit about?

M.M.M. v. Sessions is a federal court case about the separation of children from their parents or legal guardians at the border and the subsequent alleged infringement of the children’s right to seek asylum. A case like this is brought on behalf of a group of people who have similar legal claims (called a “Class”). M.M.M. v. Sessions was filed in mid-2018 and claimed that the government’s practice of separating families from each other violated the U.S. Constitution and federal laws.

The Court has appointed lawyers to represent the Class. They are called “Class Counsel,” and their contact information is listed at the end of this document.

Plaintiffs and the government previously agreed to settle M.M.M. in 2018 to provide various forms of relief to the Class related to their asylum claims. You may have heard about that settlement already, and more information about that 2018 settlement can be found here: https://muslimadvocates.org/court-case/dora-v-sessions/.

A second, related settlement agreement was reached in 2023 in Ms. L. v. ICE, 18-cv-00428-DMS (S.D. Cal.), which incorporates the M.M.M. class members. More information about that 2023 settlement can be found at https://www.together.gov/mslvice. M.M.M. class members must first pursue relief under the 2023 settlement and resort to the 2018 settlement only if they are denied relief under the 2023 settlement.

Who is included?

A child may be an affected class member if he or she:

• Was an alien child under the age of 18 as of November 15, 2018, who entered the United States at or between designated ports of entry with an alien parent,
• Was separated from their parent(s) on or before November 15, 2018,
• Was reunified with their parent(s) under the preliminary injunction issued in Ms. L. v. U.S. Immigration and Customs Enforcement, No. 18-428 (S.D. Cal. June 26, 2018), and
• Has been continuously physically present in the United States since June 26, 2018.

What is this current settlement about?

The parties in M.M.M. have now agreed to settle how much money should be paid to the attorneys who brought the case, for their time and expenses spent on the case. This Fees Settlement will not affect any claims that the Class may have for monetary compensation from Defendants related to their separations. The Fees Settlement will also not affect the parties’ previous settlement providing relief to the Class.

In summary, the Fees Settlement says that the lawyers for the Class will receive $450,000.00 in attorneys’ fees and costs.

Any debts that the named Plaintiffs and class representatives owe to government agencies may be deducted from the fee award before it is paid to Class Counsel.

If you want to know more, you should read the Fees Settlement or talk to your immigration lawyer, if you have one.

You have the right to object to the Fees Settlement.

If you like the Fees Settlement’s terms, you do not have to do anything.

You have the right to say what you think about the Fees Settlement before the Court decides whether to approve it. You can do this by submitting something in writing to the Court, attending a Court hearing about the Settlement, or both.

You can ask the Court to deny approval of the Fees Settlement. If the Court denies approval, the Fees Settlement will not happen, and the parties may have to litigate the attorneys’ fees and expenses issue in Court.

• If that is what you want, you must object to the proposed Fees Settlement in writing. If you object in writing, you may also appear at the Final Approval Hearing, either on your own behalf or through your own attorney. If you appear through your own attorney, you are responsible for hiring and paying for that attorney. If the Court approves the Fees Settlement despite any objections, it will apply even if you do not agree with it.

All written objections and supporting papers must:

• Identify the following case name and number: M.M.M. v. Sessions, 3:18-cv-1832-DMS (S.D. Cal.)
• Be submitted in one of the following ways:
  
  1. Mail your objection to the Court at:

     James M. Carter & Judith N. Keep U.S. Courthouse,
     Clerk’s Office United States District Court for the Southern District of California
     333 W. Broadway, San Diego CA 92101
     ATTN: M.M.M. v. Sessions Class Objection

  2. File your objection in person at the above address; or
  3. Email a copy of your objection to Class Counsel at the information below


• Be filed or received by Class Counsel on or before March 17, 2025.

When and where will the Court decide whether to approve the Fees Settlement?

The Final Approval Hearing is scheduled to take place on April 18, 2025, at 1:30 p.m. PST, at the James M. Carter & Judith N.Keep U.S. Courthouse, 333 W. Broadway, San Diego CA 92101. The date and time of the Final Approval Hearing may change without notice to you.

Information about any changes to the Final Approval Hearing date or time will be available, for a fee, through the Court’s Public Access to Court Electronic Records (PACER) system at the following website, using the case number 3:18-cv-1832-DMS: https://www.casd.uscourts.gov/cmecf/nextgen.aspx

Where can I get more information?

This Notice summarizes the Fees Settlement. You should feel free to talk to your immigration lawyer if you want to know more. The Fees Settlement Agreement is also available at the following website: www.together.gov.

You can also contact Class Counsel by email or mail:

[email protected] or Hogan Lovells US LLP 555 13th Street, NW, Washington, DC 20004



Read this notice in Spanish.