Case: Arab American Civil Rights League (ACRL) v. Trump

2:17-cv-10310 | U.S. District Court for the Eastern District of Michigan

Filed Date: Jan. 31, 2017

Closed Date: March 11, 2021

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Case Summary

On January 31, 2017, the Arab American Civil Rights League (ACLR) and seven of its individual members filed this lawsuit in the U.S. District Court for the Eastern District of Michigan (in Detroit). The plaintiffs sued President Trump, the Department of Homeland Security, and U.S. Customs and Border Protection under the Declaratory Judgment Act (28 U.S.C. §2201), the Administrative Procedures Act (5 U.S.C. §5), and the Religious Freedom Restoration Act. They claimed that President Trump’s executive order (EO) of January 27, 2017, which banned entry into the US of refugees and nationals of seven predominantly Muslim countries violated these statutes as well as their Fifth Amendment rights to procedural due process, substantive due process, and equal protection. They also claimed the EO violated the First Amendment’s Establishment Clause by giving preference to Christian over Muslim refugees. The case was assigned to District Judge Victoria Roberts who referred proceedings to Magistrate Judge Stephanie Dawkins Davis.

On February 2, 2017, the same day that the plaintiffs filed a motion for a temporary restraining order (TRO), the court entered a permanent injunction barring the United States from applying Sections 3(c) and 3(e) of the Jan. 27, 2017 EO against lawful permanent residents of the United States. The plaintiffs subsequently withdrew their motion for a TRO, citing changed circumstances created by the entry of a nationwide TRO in State of Washington v. Trump. However, the plaintiffs continued to pursue a permanent injunction guaranteeing them the ability to travel outside the country and re-enter in the future.

Following President Trump’s replacement of the January 27 EO with a narrower EO on March 6, 2017, the plaintiffs filed an amended complaint arguing that this new EO was also discriminatory. Since the new EO definitively excluded lawful permanent residents from its scope, the plaintiffs filed a notice of voluntary dismissal on behalf of those plaintiffs who were lawful permanent residents.

Because a third iteration of the EO was issued on September 24, 2017, the district court allowed the plaintiffs to file another amended complaint. The plaintiffs filed their third amended complaint on September 13, 2018, arguing that the third EO violated the Establishment Clause, the First Amendment right to freedom of speech and association, and the Fifth Amendment equal protection guarantee. In this complaint, the ACLR was joined by the ACLU of Michigan, the American Arab Chamber of Commerce, the Arab American and Chaldean Council, the Arab American Studies Association, and five named plaintiffs. The plaintiffs sought to represent a class of all individuals in the US whose ability to reunify with family members who are citizens of the “designated countries” (Iran, Libya, Somalia, Syria, and Yemen) was interfered with by the renewed executive order. The amended complaint dropped the procedural and substantive due process claims, focusing instead on how the EO violated the Establishment Clause, equal protection, and the rights to freedom of speech and association. In addition to the defendants from the first complaint, the third amended complaint also named U.S. Citizenship and Immigration Services, the State Department, the Department of Justice, and the Office of the Director of National Intelligence as defendants. The plaintiffs sought the following relief: 1) a permanent injunction prohibiting the defendants from implementing or enforcing the third EO against nationals of the designated countries; 2) a judgment declaring the third EO as unlawful and invalid; and 3) attorney’s fees and costs pursuant to the Equal Access to Justice Act.

The government filed a motion to dismiss the third amended complaint on October 15, 2018. The plaintiffs filed a reply brief to this motion on November 19, 2018. More than half a year later, on July 10, 2019, District Judge Roberts issued an order and opinion denying the government’s motion to dismiss. Judge Roberts held that the complaint sufficiently pleaded a claim that the third EO violated the Establishment Clause, the First Amendment’s protections of speech and association, and the Fifth Amendment’s guarantee of Equal Protection. 399 F. Supp. 3d. 717.

On July 23, 2019, the government moved for certification of the district court’s July 10 order so that the decision could be appealed to the Sixth Circuit Court of Appeals; the government also requested a stay of discovery pending resolution of the appeal. The government filed an answer to the third amended complaint on July 31, 2019. On August 6, 2019, the plaintiffs replied to the motion for certification, arguing that the government had not met the standard for a certificate of appealability and that a stay of discovery was not warranted. District Judge Roberts granted the defendant’s motion for certification but denied their motion to stay discovery on November 1, 2019. 2019 WL 5684371.

With the denial of their motion to dismiss certified, the government filed an appeal in the Sixth Circuit and asked the court of appeals to order the district court to stay proceedings pending resolution of the interlocutory appeal. In a November 26, 2019, order issued by Chief Judge Jeffrey Sutton and Circuit Judges Karen Nelson Moore and John Nalbandian, the court of appeals permitted an appeal on the denial of the motion to dismiss and ordered the district court to stay all proceedings, including discovery.

In the Sixth Circuit, the government filed its brief for the appeal on March 20, 2020, and the plaintiffs filed their brief on July 24. The court of appeals scheduled oral arguments for November 17, 2020. But before this could take place, on November 13, the court granted a November 10 motion by the plaintiffs to hold the case in abeyance until February 2, 2021. While the November 10, 2020, motion is not available on PACER, it was likely prompted by the news that Joseph Biden had won the 2020 presidential election and was planning on undoing a large number of President Trump’s executive orders. In addition to granting the motion to hold the case in abeyance, the Sixth Circuit ordered the plaintiffs' counsel to file a status report on settlement negotiations between the parties due on February 21, 2021.

Counsel for the plaintiffs filed the status report on February 1, 2021, and informed the Sixth Circuit that the parties agreed the appeal and the underlying lawsuit were moot because President Biden revoked the EO at issue on his first day in office, January 20, 2021. The parties filed a joint motion to dismiss the appeal as moot without prejudice and to remand the case to the distinct court with instructions to dismiss on February 8. Two days later, on February 10, 2021, Circuit Judges Raymond Kethledge, Bernice Donald, and Joan Larsen entered an order granting the joint motion to dismiss the appeal and remanded the case to the district court with instructions to dismiss as moot. Additionally, the three-judge panel vacated the July 10, 2019 denial of the defendants’ motion to dismiss stating that “mootness precludes us from reviewing the merits of that order.” The plaintiffs petitioned for a rehearing on the order to vacate in front of the original Sixth Circuit panel of Sutton, Moore, and Nalbandian, but this was denied on March 11, 2021, by Kethledge, Donald, and Larsen. This ended the case.

	Document
2:17-cv-10310	Docket [PACER] Arab American Civil Rights League v. Trump	March 11, 2021	March 11, 2021 Docket
1 2:17-cv-10310	Complaint for Declaratory and Injunctive Relief Arab American Civil Rights League v. Trump	Jan. 31, 2017	Jan. 31, 2017 Complaint
7 2:17-cv-10310	Notice of Relevant Authority Arab American Civil Rights League v. Trump	Feb. 2, 2017	Feb. 2, 2017 Notice of Investigation or Suit/Demand Letter
8 2:17-cv-10310	Order Regarding Plaintiffs' Motion for Temporary Restraining Order Arab American Civil Rights League v. Trump	Feb. 2, 2017	Feb. 2, 2017 Order/Opinion
5 2:17-cv-10310	Ex-Parte Motion for Temporary Restraining Order Arab American Civil Rights League v. Trump	Feb. 2, 2017	Feb. 2, 2017 Pleading / Motion / Brief
15 2:17-cv-10310	Motion to Dissolve Injunction and Amend order Regarding Plaintiffs' Motion for Temporary Restraining Order [Doc.8] Arab American Civil Rights League v. Trump	Feb. 6, 2017	Feb. 6, 2017 Pleading / Motion / Brief
20 2:17-cv-10310	Plaintiffs' Opposition to Motion to Dissolve Injunction Arab American Civil Rights League v. Trump	Feb. 7, 2017	Feb. 7, 2017 Pleading / Motion / Brief
20 2:17-cv-10310	Plaintiffs' Opposition to Motion to Dissolve Injunction Arab American Civil Rights League v. Trump	Feb. 7, 2017	Feb. 7, 2017 Pleading / Motion / Brief
24 2:17-cv-10310	Defendants' Opposition to Plaintiffs' Request for a Preliminary Injunction ACRL v. Trump	Feb. 8, 2017	Feb. 8, 2017 Pleading / Motion / Brief
28 2:17-cv-10310	Plaintiffs' Notice of Withdrawal of Motion for Temporary Restraining Order Arab American Civil Rights League v. Trump	Feb. 9, 2017	Feb. 9, 2017 Pleading / Motion / Brief

Title	Description		External URL Date / External URL
Proclamation 10141 of January 20, 2021: Ending Discriminatory Bans on Entry to the United States President Joseph R. Biden	This Proclamation revoked Executive Order 13780 of March 6, 2017, Proclamation 9645 of September 24, 2017, Proclamation 9723 of April 10, 2018, and Proclamation 9983 of January 31, 2020, all of which…	Jan. 20, 2021	Jan. 20, 2021 https://www.federalregister.gov/...
Donald Trump's Muslim Ban ACLU Michigan	When campaigning for president, Donald Trump called for a ban on Muslims entering the United States. In January 2017, one week after his inauguration, President Trump banned travel for immigrants fro…	2021	Jan. 1, 2021 https://www.aclumich.org/...
Presidential Executive Order (13815) on Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities United States	Presidential Executive Order on Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities	Oct. 24, 2017	Oct. 24, 2017 https://www.federalregister.gov/...
Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats President Donald Trump		Sept. 24, 2017	Sept. 24, 2017 https://www.federalregister.gov/...
Presidential Memorandum for the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence Donald Trump	This memorandum provides guidance for the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence in light of two preliminary injunctio…	June 14, 2017	June 14, 2017 https://trumpwhitehouse.archives.gov/...
Executive Order 13780: Protecting The Nation From Foreign Terrorist Entry Into The United States President Donald Trump	In light of the Ninth Circuit's observation that the political branches are better suited to determine the appropriate scope of any suspensions than are the courts, and in order to avoid spending add…	March 6, 2017	March 6, 2017 https://www.federalregister.gov/...
Executive Order 13769: Protecting the Nation from Foreign Terrorist Entry into the United States President Donald Trump	This Executive Order restricted travel, immigration, and visas for people from Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen, and put the U.S. refugee program on hold for 120 days.	Jan. 27, 2017	Jan. 27, 2017 https://www.gpo.gov/...

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT filed by Arab American Civil Rights League against Donald Trump. Plaintiff requests summons issued. Receipt No: 0645-6068348 - Fee: $ 400. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - County of 1st Defendant: Wayne. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Exhibit) (Ayad, Nabih) (Entered: 01/31/2017) 1 Exhibit View on PACER	Jan. 31, 2017	Jan. 31, 2017 RECAP
	Notice of Error	Jan. 31, 2017	Jan. 31, 2017 PACER
	Error	Jan. 31, 2017	Jan. 31, 2017 PACER
	Addition of Parties	Jan. 31, 2017	Jan. 31, 2017 PACER
	NOTICE of Error directed to: Nabih H. Ayad re 1 Complaint,,. Parties listed on the initiating document were omitted. The filing attorney must use the docket event Addition of Parties to correct the error. [No Image Associated with this docket entry] (LHos)	Jan. 31, 2017	Jan. 31, 2017 PACER
	Notice to Parties of Consent of a Civil Action before a Magistrate Judge Option	Jan. 31, 2017	Jan. 31, 2017 PACER
	Addition of Parties to CM/ECF: Plaintiffs Samir Almasmari, Sabah Almasmary, Hana Almasmari, Atik Mounira, Walid Jammoul, Abubaker Abbass, Defendants Department of Homeland Security, U.S. Customs and Border Protection, John Kelly, Kevin McAleenan. Reason: The party was not added to CM/ECF when e-filing 1 Complaint,, Plaintiff requests summons issued. (Ayad, Nabih)	Jan. 31, 2017	Jan. 31, 2017 PACER
2	SUMMONS Issued for Department of Homeland Security, John Kelly, Kevin McAleenan, Donald Trump, U.S. Customs and Border Protection (LHos) (Entered: 01/31/2017)	Jan. 31, 2017	Jan. 31, 2017 PACER
3	SUMMONS Issued for the United States Attorney and the Office of the Attorney General. (LHos) (Entered: 01/31/2017)	Jan. 31, 2017	Jan. 31, 2017 PACER
	A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (LHos)	Jan. 31, 2017	Jan. 31, 2017 PACER
4	NOTICE of Appearance by Kassem M. Dakhlallah on behalf of Arab American Civil Rights League. (Dakhlallah, Kassem) (Entered: 02/02/2017)	Feb. 2, 2017	Feb. 2, 2017 PACER
	Status Conference	Feb. 2, 2017	Feb. 2, 2017 PACER
5	Ex Parte MOTION for Temporary Restraining Order by All Plaintiffs. (Ayad, Nabih) (Entered: 02/02/2017)	Feb. 2, 2017	Feb. 2, 2017 RECAP
6	NOTICE of Appearance by Gisela Westwater on behalf of All Defendants. (Westwater, Gisela) (Entered: 02/02/2017)	Feb. 2, 2017	Feb. 2, 2017 PACER
7	NOTICE of Relevant Authority by All Defendants (Attachments: # 1 Memorandum from Counsel to the President) (Westwater, Gisela) Modified on 2/3/2017 (LHos). (Entered: 02/02/2017) 1 Memorandum from Counsel to the President View on RECAP	Feb. 2, 2017	Feb. 2, 2017 RECAP
8	ORDER Regarding Plaintiffs' 5 Motion for Temporary Restraining Order. Signed by District Judge Victoria A. Roberts. (LVer)	Feb. 2, 2017	Feb. 2, 2017 RECAP
	Minute Entry for proceedings before District Judge Victoria A. Roberts: Telephonic Status Conference held on 2/2/2017 (Court Reporter: Janice Coleman) (CPin)	Feb. 2, 2017	Feb. 2, 2017 PACER
9	NOTICE of Appearance by Natalie C. Qandah on behalf of Arab American Civil Rights League. (Qandah, Natalie) Modified on 2/3/2017 (LHos).[DOCUMENT IS AN APPEARANCE FOR MONA FADLALLAH AND NATALIE QANDAH. ADVISED MS. FADLALLAH TO FILE AN APPEARANCE USING HER LOGIN] (Entered: 02/03/2017)	Feb. 3, 2017	Feb. 3, 2017 PACER
10	NOTICE of Appearance by Briana Yuh on behalf of All Defendants. (Yuh, Briana) (Entered: 02/03/2017)	Feb. 3, 2017	Feb. 3, 2017 PACER
11	ORDER Setting Briefing Schedule and Hearing on Motion for Temporary Restraining Order: Amended Complaint due by 2/5/17; Response due by 2/7/2017; Reply due by 2/9/2017; Motion Hearing set for 2/13/2017 at 9:00 AM before District Judge Victoria A. Roberts. Signed by District Judge Victoria A. Roberts. (see image for details and dates) (LVer) (Entered: 02/03/2017)	Feb. 3, 2017	Feb. 3, 2017 PACER
12	NOTICE of Appearance by Helal A. Farhat on behalf of All Plaintiffs. (Farhat, Helal) (Entered: 02/03/2017)	Feb. 3, 2017	Feb. 3, 2017 PACER
13	AMENDED COMPLAINT filed by All Plaintiffs against All Defendants. NEW PARTIES ADDED. (Ayad, Nabih) (Entered: 02/05/2017)	Feb. 5, 2017	Feb. 5, 2017 PACER
14	NOTICE of Appearance by Michael J. Steinberg on behalf of Hasan Al-Ahmed, Sahla Al-Talaqani. (Steinberg, Michael) (Entered: 02/06/2017)	Feb. 6, 2017	Feb. 6, 2017 PACER
	Set Motion and R&R Deadlines/Hearings	Feb. 6, 2017	Feb. 6, 2017 PACER
15	MOTION to Amend/Correct 8 Order on Motion for TRO, MOTION for Order to Dissolve Injunction by All Defendants. (Attachments: # 1 Proposed Order) (Yuh, Briana) (Entered: 02/06/2017) 1 Proposed Order View on RECAP	Feb. 6, 2017	Feb. 6, 2017 RECAP
	Set Deadlines as to 15 MOTION to Dissolve Injunction and Amend Order Regarding Plaintiffs' Motion for Temporary Restraining Order. Response due 2/7/2017 by 5:00 pm. (LVer)	Feb. 6, 2017	Feb. 6, 2017 PACER
16	NOTICE of Appearance by Mona Fadlallah on behalf of Arab American Civil Rights League. (Fadlallah, Mona) (Entered: 02/07/2017)	Feb. 7, 2017	Feb. 7, 2017 PACER
17	NOTICE of Appearance by Miriam J. Aukerman on behalf of Hasan Al-Ahmed, Sahla Al-Talaqani. (Aukerman, Miriam) (Entered: 02/07/2017)	Feb. 7, 2017	Feb. 7, 2017 PACER
18	STIPULATION re 11 Order Setting Hearing on Motion, by All Defendants (Yuh, Briana) (Entered: 02/07/2017)	Feb. 7, 2017	Feb. 7, 2017 PACER
19	ORDER Granting 18 Stipulation for One Day Enlargement of Time to File Response and Reply Briefs. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 02/07/2017)	Feb. 7, 2017	Feb. 7, 2017 PACER
20	RESPONSE to 15 MOTION to Amend/Correct 8 Order on Motion for TRO MOTION for Order to Dissolve Injunction filed by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit 1) (Ayad, Nabih) (Entered: 02/07/2017) 1 Exhibit Exhibit 1 View on RECAP	Feb. 7, 2017	Feb. 7, 2017 RECAP
21	MOTION for Extension of Time to File Response/Reply as to 20 Response to Motion to Dissolve Injunction by All Defendants. (Yuh, Briana) (Entered: 02/08/2017)	Feb. 8, 2017	Feb. 8, 2017 PACER
22	REPLY to Response re 15 MOTION to Amend/Correct 8 Order on Motion for TRO MOTION for Order to Dissolve Injunction filed by All Defendants. (Yuh, Briana) (Entered: 02/08/2017)	Feb. 8, 2017	Feb. 8, 2017 RECAP
23	ORDER granting 21 Motion for Extension of Time to File Response/Reply as to 20 Response to Motion to Dissolve Injunction Reply due by 10:00 AM 2/9/2017. Signed by District Judge Victoria A. Roberts. (CPin) (Entered: 02/08/2017)	Feb. 8, 2017	Feb. 8, 2017 RECAP
24	RESPONSE to 5 Ex Parte MOTION for Temporary Restraining Order filed by All Defendants. (Attachments: # 1 Exhibit 1) (Yuh, Briana) (Entered: 02/08/2017) 1 Exhibit 1 View on PACER	Feb. 8, 2017	Feb. 8, 2017 RECAP
25	MOTION for Leave to File Excess Pages by All Defendants. (Yuh, Briana) (Entered: 02/08/2017)	Feb. 8, 2017	Feb. 8, 2017 PACER
26	ERRATA Sheet re: 24 Response to Motion filed by Donald Trump, John Kelly, Kevin McAleenan, U.S. Customs and Border Protection, Department of Homeland Security. by All Defendants (Attachments: # 1 Defendants' Amended Opposition to Plaintiffs' Request for a Preliminary Injunction, # 2 Exhibit 1) (Yuh, Briana) (Entered: 02/08/2017) 1 Defendants' Amended Opposition to Plaintiffs' Request for a Prelimina View on PACER 2 Exhibit 1 View on PACER	Feb. 8, 2017	Feb. 8, 2017 PACER
27	NOTICE of Appearance by Joshua S. Press on behalf of All Defendants. (Press, Joshua) (Entered: 02/09/2017)	Feb. 9, 2017	Feb. 9, 2017 PACER
28	NOTICE by All Plaintiffs of withdrawal of Motion for Temporary Restraining Order (Doc #5). (Ayad, Nabih) (Entered: 02/09/2017)	Feb. 9, 2017	Feb. 9, 2017 RECAP
29	ORDER granting 25 Motion for Leave to File Excess Pages. Signed by District Judge Victoria A. Roberts. (CPin) (Entered: 02/09/2017)	Feb. 9, 2017	Feb. 9, 2017 PACER

Case: Arab American Civil Rights League (ACRL) v. Trump

2:17-cv-10310 | U.S. District Court for the Eastern District of Michigan

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