Case: Cities of Chelsea and Lawrence v. Trump

1:17-cv-10214 | U.S. District Court for the District of Massachusetts

Filed Date: Feb. 8, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

This federal lawsuit, filed by the cities of Chelsea and Lawrence, Massachusetts, on Feb. 8, 2017, challenged President Trump’s Jan. 25, 2017 Executive Order 13768, dealing with immigration enforcement, which threatened to withhold federal funds from "sanctuary jurisdictions" and take enforcement action against any locality that impedes the federal government's immigration law. The plaintiffs, represented by private counsel and the Boston Lawyers’ Committee for Civil Rights and Economic Justice…

This federal lawsuit, filed by the cities of Chelsea and Lawrence, Massachusetts, on Feb. 8, 2017, challenged President Trump’s Jan. 25, 2017 Executive Order 13768, dealing with immigration enforcement, which threatened to withhold federal funds from "sanctuary jurisdictions" and take enforcement action against any locality that impedes the federal government's immigration law. The plaintiffs, represented by private counsel and the Boston Lawyers’ Committee for Civil Rights and Economic Justice, filed their complaint in the U.S. District Court for the District of Massachusetts.

The plaintiffs alleged that the Executive Order violated the Tenth Amendment by coercing cities to choose between losing federal funding and losing control of their municipal self-governance. The Executive Order does not include a clear definition of what it means to be a "sanctuary" jurisdiction, apart from referencing 8 U.S.C. § 1373, which provides that a local government entity cannot prohibit or restrict communication between government entities or officials and federal immigration authorities. The plaintiffs alleged their own compliance with § 1373, but complained first that § 1373 is unconstitutional, and second, that Executive Order threatened their funding without advance notice by unclearly extending beyond § 1373. The plaintiffs alleged that the U.S. had begun to designate certain cities as "sanctuary jurisdictions" and that Chelsea and Lawrence stood to be designated as such. In order to improve cooperation between immigrant residents and municipal police, Chelsea designated itself a "sanctuary city" and Lawrence took similar actions. The plaintiffs explained that they therefore feared being labeled "sanctuary jurisdictions" under the Executive Order and thus losing federal grants. As small cities with large working-class immigrant populations, the plaintiffs feared the implications of such a loss of key funding for their municipal budgets, including for public services that have nothing to do with immigration.

The complaint sought declaratory and injunctive relief. Specifically, the plaintiffs asked for a declaration that Chelsea and Lawrence comply with 8 U.S.C. § 1373, that § 1373 is an unconstitutional infringement on municipal and state self-government authority, and that the Executive Order violates the Tenth Amendment, and the Fifth Amendment's due process clause. In addition, they claimed that the Executive Order violates the separation of powers by penalizing § 1373 violations without Congressional approval.

The case was assigned to Judge George A. O'Toole Jr.

On Apr. 10, the defendants filed a motion to dismiss. The defendants argued that they have taken no action against the cities pursuant to the executive order and that the cities cannot show they have been injured by the existence of the EO.

Meanwhile, the U.S. District Court for the Northern District of California on April 25, 2017, granted a nationwide preliminary injunction against operation of the Executive Order. See San Francisco v. Trump for details.

On May 2, the plaintiffs moved to stay the proceedings in light of the nationwide preliminary injunction, and the court entered a stay on May 4. The case is marked "administratively closed," which just means that it is on hold. The parties can inform the Court if they wish to resume litigation.

Summary Authors

Ava Morgenstern (2/12/2017)

Virginia Weeks (1/2/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4582150/parties/city-of-chelsea-v-trump-president-of-the-united-states/


Judge(s)

O'Toole, George A. Jr. (Massachusetts)

Attorneys(s) for Plaintiff

Blais, Elaine Herrmann (Massachusetts)

Burgess, Brian (District of Columbia)

Espinoza-Madrigal, Ivan E (Texas)

Fischer, Sarah J. (Massachusetts)

Friedman-Boyce, Inez H. (Massachusetts)

Hall, Sophia L. (Massachusetts)

Holland, Elizabeth (New York)

Lobel, Louis L. (Massachusetts)

Lu, Alexandra (Massachusetts)

Judge(s)

O'Toole, George A. Jr. (Massachusetts)

Attorneys(s) for Plaintiff

Blais, Elaine Herrmann (Massachusetts)

Burgess, Brian (District of Columbia)

Espinoza-Madrigal, Ivan E (Texas)

Fischer, Sarah J. (Massachusetts)

Friedman-Boyce, Inez H. (Massachusetts)

Hall, Sophia L. (Massachusetts)

Holland, Elizabeth (New York)

Lobel, Louis L. (Massachusetts)

Lu, Alexandra (Massachusetts)

Luz, Jennifer B. (Massachusetts)

Sellstrom, Oren M. (California)

Sohn, Michelle (Massachusetts)

Wiesen, Daryl L. (Massachusetts)

Zimmer, David (California)

Attorneys(s) for Defendant

Buckingham, Stephen J. (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Sady, Michael P. (Massachusetts)

Tyler, John Russell (District of Columbia)

Weinreb, William D. (Massachusetts)

Documents in the Clearinghouse

Document

Docket [PACER]

City of Chelsea v. Trump

May 4, 2017 Docket
1

Complaint for Declaratory Judgment and Injunctive Relief

City of Chelsea v. Trump

Feb. 8, 2017 Complaint
21

Defendants' Motion to Dismiss

City of Chelsea v. Trump

April 10, 2017 Pleading / Motion / Brief
25

Plaintiffs' Unopposed Motion to Stay Proceedings

City of Chelsea v. Trump

May 2, 2017 Pleading / Motion / Brief

Resources

Title Description External URL

Chelsea, Lawrence challenge Trump on sanctuary cities

Boston Globe

The cities of Lawrence and Chelsea filed a lawsuit in federal court in Boston Wednesday challenging President Trump’s executive order that would strip funding for so-called sanctuary cities, calling … Feb. 8, 2017 https://www.bostonglobe.com/...

Refugee Reception and Perception: US Detention Camps and German Welcome Centers

Valeria Gomez & Karla Mari McKanders

The reception of refugees and asylum seekers has emerged as one of the most critical contemporary global issues. In 2015, the world experienced the most forced migrants since World War II. This essay… March 31, 2017 https://papers.ssrn.com/...

Sanctuary: K-12 School Districts in Agricultural Communities

Cecilia Barnes

This comment was initiated some eight months after the Executive Order was issued and well after the Executive Order’s enforcement had been challenged by multiple lawsuits on constitutional grounds. … Jan. 1, 2017 http://www.sjcl.edu/...

Libraries Keep a Resourceful Eye on the President

George H. Pike

From the earliest times, libraries have had a mission to collect, curate, organize, and disseminate knowledge and information as broadly as possible for the benefit of the societies they serve. Libra… June 6, 2017 http://newsbreaks.infotoday.com/...

Executive Orders on Travel and Immigration Create a Far-from-Ordinary Semester in Michigan Law's Civil Rights Litigation Clearinghouse

Julie Aust, Jamie Kessler, and Virginia Weeks

President Donald J. Trump's second travel ban for nationals from a group of predominantly Muslim countries was scheduled to take effect on March 16, 2017—until it was enjoined the day before by the U… March 16, 2017 None

Re: Implementing the President's Border Security and Immigration Enforcement Improvements Policies (Final, 2/20/2017)

DHS Secretary John Kelly

Feb. 20, 2017 https://www.dhs.gov/...

Executive Order 13768: Enhancing Public Safety in the Interior of the United States

President Donald Trump

Jan. 25, 2017 https://www.gpo.gov/...

Re: Enforcement of the Immigration Laws to Serve the National Interest (Final, 2/20/2017)

DHS Secretary John Kelly

Feb. 20, 2017 https://www.dhs.gov/...

Executive Order 13767: Border Security and Immigration Enforcement Improvements

President Donald Trump

Jan. 27, 2017 None

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4582150/city-of-chelsea-v-trump-president-of-the-united-states/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101-6487845 (Fee Status: Filing Fee paid), filed by City of Chelsea, City of Lawrence. (Attachments: # 1 Civil Cover Sheet, # 2 Civil Category Sheet)(Friedman-Boyce, Inez) (Entered: 02/08/2017)

1 Civil Cover Sheet

View on PACER

2 Civil Category Sheet

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Feb. 8, 2017 RECAP
2

MOTION for Leave to Appear Pro Hac Vice for admission of Elizabeth J. Holland, Brian T. Burgess, David J. Zimmer, and Ivan Espinoza-Madrigal Filing fee: $ 400, receipt number 0101-6487863 by City of Chelsea, City of Lawrence. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Friedman-Boyce, Inez) (Entered: 02/08/2017)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

View on PACER

4 Exhibit D

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Feb. 8, 2017 PACER
3

NOTICE of Appearance by Daryl L. Wiesen on behalf of City of Chelsea, City of Lawrence (Wiesen, Daryl) (Entered: 02/08/2017)

Feb. 8, 2017 PACER
4

NOTICE of Appearance by Elaine Herrmann Blais on behalf of City of Chelsea, City of Lawrence (Blais, Elaine) (Entered: 02/08/2017)

Feb. 8, 2017 PACER
5

NOTICE of Appearance by Jennifer B. Luz on behalf of City of Chelsea, City of Lawrence (Luz, Jennifer) (Entered: 02/08/2017)

Feb. 8, 2017 PACER
6

NOTICE of Appearance by Sarah J. Fischer on behalf of City of Chelsea, City of Lawrence (Fischer, Sarah) (Entered: 02/08/2017)

Feb. 8, 2017 PACER
7

NOTICE of Appearance by Alexandra Lu on behalf of City of Chelsea, City of Lawrence (Lu, Alexandra) (Entered: 02/08/2017)

Feb. 8, 2017 PACER
8

NOTICE of Appearance by Louis L. Lobel on behalf of City of Chelsea, City of Lawrence (Lobel, Louis) (Entered: 02/08/2017)

Feb. 8, 2017 PACER
9

NOTICE of Appearance by Michelle Sohn on behalf of City of Chelsea, City of Lawrence (Sohn, Michelle) (Entered: 02/08/2017)

Feb. 8, 2017 PACER
10

NOTICE of Appearance by Oren M. Sellstrom on behalf of City of Chelsea, City of Lawrence (Sellstrom, Oren) (Entered: 02/08/2017)

Feb. 8, 2017 PACER
11

NOTICE of Appearance by Sophia L. Hall on behalf of City of Chelsea, City of Lawrence (Hall, Sophia) (Entered: 02/08/2017)

Feb. 8, 2017 RECAP
12

ELECTRONIC NOTICE of Case Assignment. Judge George A. OToole, Jr assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Marianne B. Bowler. (Abaid, Kimberly) (Entered: 02/08/2017)

Feb. 8, 2017 PACER
13

Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Jones, Sherry) (Entered: 02/08/2017)

Feb. 8, 2017 RECAP
14

EXHIBIT re 2 MOTION for Leave to Appear Pro Hac Vice for admission of Elizabeth J. Holland, Brian T. Burgess, David J. Zimmer, and Ivan Espinoza-Madrigal Filing fee: $ 400, receipt number 0101-6487863 Exhibit D - Executed Declaration of Ivan Espinoza-Madrigal by City of Chelsea, City of Lawrence. (Friedman-Boyce, Inez) (Entered: 02/08/2017)

Feb. 8, 2017 PACER
15

Judge George A. OToole, Jr: ELECTRONIC ORDER entered granting 2 Motion for Leave to Appear Pro Hac Vice Added Elizabeth J. Holland, Brian T. Burgess, David J. Zimmer, and Ivan Espinoza-Madrigal. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Halley, Taylor) (Entered: 02/10/2017)

Feb. 10, 2017 PACER
16

SUMMONS Returned Executed as to US Attorney by City of Chelsea, City of Lawrence. Dana J. Boente, Acting Attorney General of the United States served on 2/8/2017, answer due 4/10/2017; John F. Kelly, Secretary of the United States Department of Homeland Security served on 2/8/2017, answer due 4/10/2017; Donald J. Trump, President of the United States served on 2/8/2017, answer due 4/10/2017; United States of America served on 2/8/2017, answer due 4/10/2017. (Friedman-Boyce, Inez) (Entered: 03/31/2017)

March 31, 2017 PACER
17

SUMMONS Returned Executed Dana J. Boente, Acting Attorney General of the United States served on 2/13/2017, answer due 4/10/2017. (Friedman-Boyce, Inez) (Entered: 03/31/2017)

March 31, 2017 PACER
18

SUMMONS Returned Executed John F. Kelly, Secretary of the United States Department of Homeland Security served on 2/13/2017, answer due 4/10/2017. (Friedman-Boyce, Inez) (Entered: 03/31/2017)

March 31, 2017 PACER
19

SUMMONS Returned Executed Donald J. Trump, President of the United States served on 2/13/2017, answer due 4/10/2017. (Friedman-Boyce, Inez) (Entered: 03/31/2017)

March 31, 2017 PACER
20

NOTICE of Appearance by Stephen J. Buckingham on behalf of Dana J. Boente, Acting Attorney General of the United States, John F. Kelly, Secretary of the United States Department of Homeland Security, Donald J. Trump, President of the United States, United States of America (Buckingham, Stephen) (Entered: 04/06/2017)

April 6, 2017 PACER
21

MOTION to Dismiss by Dana J. Boente, Acting Attorney General of the United States, John F. Kelly, Secretary of the United States Department of Homeland Security, Donald J. Trump, President of the United States, United States of America. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Exhibit, # 3 Text of Proposed Order)(Buckingham, Stephen) (Entered: 04/10/2017)

1 Memorandum of Points and Authorities

View on RECAP

2 Exhibit

View on RECAP

3 Text of Proposed Order

View on RECAP

April 10, 2017 RECAP
22

Assented to MOTION for Extension of Time to May 8, 2017 to File Response to Defendants' Motion to Dismiss and to file excess pages by City of Chelsea, City of Lawrence.(Friedman-Boyce, Inez) (Entered: 04/18/2017)

April 18, 2017 PACER
23

Judge George A. O'Toole, Jr: ELECTRONIC ORDER entered granting 22 Motion for Extension of Time to File to May 8, 2017 to File Response to Defendants' Motion to Dismiss and to file excess pages (Halley, Taylor) (Entered: 04/19/2017)

April 19, 2017 PACER
24

NOTICE of Appearance by Michael P. Sady on behalf of Dana J. Boente, Acting Attorney General of the United States, Does 1-100, John F. Kelly, Secretary of the United States Department of Homeland Security, Donald J. Trump, President of the United States, United States of America (Sady, Michael) (Entered: 04/20/2017)

April 20, 2017 PACER
25

MOTION to Stay Proceedings (Unopposed) by City of Chelsea, City of Lawrence.(Friedman-Boyce, Inez) (Entered: 05/02/2017)

May 2, 2017 RECAP
26

Judge George A. O'Toole, Jr: ORDER entered granting 25 Motion to Stay (Halley, Taylor) (Entered: 05/04/2017)

May 4, 2017 RECAP
27

STATUS REPORT submitted jointly by all parties by City of Chelsea, City of Lawrence. (Friedman-Boyce, Inez) (Entered: 06/30/2017)

June 30, 2017 PACER
28

STATUS REPORT (Joint) by City of Chelsea, City of Lawrence. (Attachments: # 1 Exhibit 1)(Friedman-Boyce, Inez) (Entered: 08/15/2017)

1 Exhibit 1

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Aug. 15, 2017 RECAP
29

NOTICE of Appearance by W. Scott Simpson on behalf of Donald J. Trump, President of the United States, United States of America, Jeff Sessions, Elaine C. Duke (Simpson, W.) (Entered: 10/03/2017)

Oct. 3, 2017 PACER
30

Judge George A. OToole, Jr: ELECTRONIC ORDER entered denying 21 In light of the stay entered in this case at the unopposed request of the plaintiffs (dkt. nos. 25 & 26), this action shall be administratively closed. The parties should notify the Court in the event they wish to restore the case to the Court's active docket. The pending motion to dismiss ( dkt. no. 21) is denied without prejudice to renewal if the case is reopened. (adminn, ) (Entered: 12/29/2017)

Dec. 29, 2017 PACER
31

NOTICE of Withdrawal of Appearance by Michelle Sohn (Sohn, Michelle) (Entered: 06/07/2018)

June 7, 2018 PACER
32

NOTICE of Change of Address or Firm Name by W. Scott Simpson (Change of Address) (Simpson, W.) (Entered: 06/19/2018)

June 19, 2018 PACER
33

NOTICE of Change of Address or Firm Name by David Jacob Zimmer (Zimmer, David) (Entered: 11/30/2021)

Nov. 30, 2021 RECAP
34

NOTICE of Change of Address or Firm Name by David Jacob Zimmer for Brian T. Burgess (Zimmer, David) (Entered: 11/30/2021)

Nov. 30, 2021 PACER
35

NOTICE of Appearance by Charles E.T. Roberts on behalf of Dana J. Boente, Acting Attorney General of the United States, John F. Kelly, Secretary of the United States Department of Homeland Security, Kirstjen M NIELSEN, Jeff Sessions, Donald J. Trump, President of the United States, United States of America (Roberts, Charles) (Entered: 11/30/2021)

Nov. 30, 2021 PACER
36

STIPULATION of Dismissal Joint by Dana J. Boente, Acting Attorney General of the United States, John F. Kelly, Secretary of the United States Department of Homeland Security, Kirstjen M NIELSEN, Donald J. Trump, President of the United States, United States of America. (Roberts, Charles) (Entered: 11/30/2021)

Nov. 30, 2021 RECAP
37

Order Dismissing Case

Jan. 26, 2022 PACER

State / Territory: Massachusetts

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Key Dates

Filing Date: Feb. 8, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiffs are the small Massachusetts cities of Chelsea and Lawrence. The plaintiffs fear the loss of federal funding in response to their "sanctuary city" policies, under the January 25, 2017 Executive Order 13768, "Enhancing Public Safety in the Interior of the United States."

Plaintiff Type(s):

City/County Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States, Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Federalism (including 10th Amendment)

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief granted

Issues

General:

Funding

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Immigration/Border:

Sanctuary city/state

Undocumented immigrants - rights and duties

Undocumented immigrants - state and local regulation