Case: National Association for the Advancement of Colored People v. Trump

1:17-cv-01907 | U.S. District Court for the District of Columbia

Filed Date: Sept. 18, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

In 2012, the Obama administration created the DACA program through policy statements by the Department of Homeland Security. The program offered work permits—and temporary protection from deportation—to undocumented immigrants who had been brought to the United States as children. On September 5, 2017, President Trump announced that he would end the program in March 2018 unless Congress acted to provide statutory authorization for the program and Department of Homeland Security (DHS) issued a m…

In 2012, the Obama administration created the DACA program through policy statements by the Department of Homeland Security. The program offered work permits—and temporary protection from deportation—to undocumented immigrants who had been brought to the United States as children. On September 5, 2017, President Trump announced that he would end the program in March 2018 unless Congress acted to provide statutory authorization for the program and Department of Homeland Security (DHS) issued a memorandum on September 5, 2017 ending Deferred Action for Childhood Arrivals (DACA). This lawsuit, filed on September 18, 2017 in the US. District Court for the District of Columbia, was one of many cases challenging President Trump's revocation of the Deferred Action for Childhood (DACA) program.

The National Association for the Advancement of Colored People ("NAACP") initially filed this complaint, and later amended to add the American Federation of Teachers and United Food Commerical Workers International Union as plaintiffs. The plaintiffs, represented by the law firm Cohen Milstein, argued that the termination of DACA violated the Administrative Procedure Act and the Fifth Amendment's due process guarantees. They sought declaratory and injunctive relief. The district court held that DACA's recession was arbitrary and capricious and ordered the Department of Homeland Security to process new and renewal DACA applications. The defendants ultimately appealed to the Supreme Court, and on June 18, 2020, the Supreme Court affirmed the judgment of the district court in this case.


In the complaint, the plaintiff stated that the Trump Administration, by ending DACA, had "unlawfully [reneged] on [its] promise to protect young, undocumented immigrants of color living in the United States." The plaintiff also noted that 95% of DACA recipients were people of color, including people of African, Latin American, Asian, and Middle Eastern descent. Some DACA recipients were also NAACP members. Thus, the NAACP brought the suit in its organizational capacity on behalf of its DACA-recipient members.

The complaint asserted that DACA allowed children brought to the United States who met specific criteria to request deferred action for two years, subject to renewal. In addition to protecting grantees from being arrested solely due to their immigration status, DACA allowed its grantees to receive public benefits like social security, to enroll in higher education institutions, and to increase income and assets. All throughout the implementation process, the federal government enforcing DACA clearly represented that it would not use the information obtained in the application process to enforce immigration policy. Furthermore, the government promised that recipients would only lose their lawful presence for reasons of fraud, criminal conduct, national security, or public safety.

The plaintiff argued that these recipients would now lose their protections and be at risk for deportation, especially since the grantees provided the federal government with sensitive information in their applications, and "termination of the DACA Program is accompanied by withdrawal of the guarantee that information provided by DACA applicants and registrants will not be used in deportation proceedings."

The plaintiff alleged that the defendants had violated Fifth Amendment due process by rescinding DACA, and would do so again by using sensitive information in deportation proceedings. The plaintiff also alleged that the defendants violated the Administrative Procedure Act (APA), by carrying out government action without a "legitimate and reasoned basis." Specifically, the automatic DACA termination, with no notice or opportunity to respond, ran contrary to USCIS's DACA Standard Operating Procedures (SOP). Finally, the plaintiff alleged that the defendants violated the Regulatory Flexibility Act, by carrying out regulatory action that would harm small organizations such as the plaintiff.

The plaintiff sought declaratory relief, as well as injunctive relief preventing defendants from withdrawing DACA and from using DACA recipients' application information in actions against them, their families, or their employers.

The case was assigned to Judge Christopher R. Cooper on Sept. 19, 2017.

On Oct. 24, the plaintiff filed an amended complaint. The complaint added as plaintiffs the American Federation of Teachers and the United Food and Commercial Workers' International Union. All organizational plaintiffs had DACA-registrant members.

On Nov. 8, the defendants filed a motion to dismiss the amended complaint and a motion for summary judgment. The defendants argued that the plaintiffs lacked standing (as they were not injured as organizations nor did they identify injured members); that the defendants' recession of DACA was a non-justiciable exercise of enforcement discretion; that a rational explanation supported the defendants' decision under the APA; and that the plaintiffs lacked a protected due process interest in DACA. The plaintiffs also filed a motion for summary judgment.

On Dec. 15, the plaintiffs moved to submit declarations from nine pseudonymous DACA-recipient members of the organizational plaintiffs. On Jan. 3, 2018, the case was re-assigned to Judge John D. Bates. On Jan. 18, this case was consolidated with Trustees of Princeton University v. U.S.A., with NAACP v. Trump designated as the lead case.

On April 24, 2018, Judge John D. Bates held that the district court had both jurisdiction and statutory authority to hear the plaintiffs' APA and constitutional claims. 298 F. Supp. 3d 209. The court concluded that under the APA, DHS’ September 5, 2017 decision to rescind DACA was arbitrary and capricious, for DHS failed to adequately explain why the program was unlawful: “Neither the meager legal reasoning nor the assessment of litigation risk provided by DHS to support its rescission decision is sufficient to sustain termination of the DACA program.” The Court thereby granted the plaintiffs’ motion for summary judgment as to the substantive APA claim, but denied their motion as to the procedural APA claim, and denied their motion for preliminary injunctive relief on their information-sharing claim. The decision to rescind DACA was vacated and remanded to DHS, which meant that DHS must accept and process new as well as renewal DACA applications. However, the Court stayed its vacatur order for 90 days to allow the agency an opportunity to better explain its rescission decision.

On August 3, 2018, the Court denied the government’s motion to revise the April 2018 order. 315 F. Supp. 3d 457. The Court held that while the government had provided additional policy grounds concerning the decision to rescind DACA, “most of these simply repackage legal arguments previously made, and hence are ‘insufficiently independent from the agency’s evaluation of DACA’s legality’ to preclude judicial review or to support the agency’s decision.” The Court noted that it had already once given DHS the opportunity to provide explanations, so it would not do so again, though it did stay the order of vacatur for 20 days. In relation to the relief granted by the Court, it specifically noted that DHS does not lack the statutory or constitutional authority to rescind DACA, but rather, that DHS must give a rational explanation for its decision to rescind DACA. Several days later, the government appealed to the DC Circuit Court.

On August 14, 2018, the government filed a motion for the district court to stay its April 24 decision, pending the appeal in the D.C. Circuit, and a motion to clarify that the August 3 order was a final, appealable judgment and that the plaintiffs’ remaining constitutional claims were moot. Three days later, the district court granted a limited stay of its April 24 order as it applies to initial DACA applications and applications for DACA-based advance parole so as to preserve the status quo pending the appeal (as suggested by the plaintiffs). 321 F. Supp. 3d 143. It also granted the motion to clarify.

In November 2018, while the appeal was pending, the Government simultaneously filed three petitions for certiorari before judgment, in this case, Regents of University of California v. U.S. Department of Homeland Security, also challenging the DACA rescission. In Batalla Vidal v. Nielsen and Regents of University of California v. U.S. Department of Homeland Security, the district courts had granted a nationwide injunction to maintain the DACA program. All three cases were appealed to the Circuit Courts as well. The Court of Appeals for the District of Columbia heard oral argument on the appeal from NAACP on February 22, 2019.

On June 28, 2019, the Supreme Court granted the petitions and consolidated NAACP v. Trump, Batalla Vidal v. Nielsen, and Regents of University of California v. U.S. Department of Homeland Security. 139 S. Ct. 2779. The three consolidated cases were heard under the caption of Department of Homeland Security v. Regents of the University of California. 139 S.Ct. 2779. The Supreme Court heard oral argument on November 12, 2019, on the issues of whether DHS's decision to wind down the DACA policy was judicially reviewable and whether DHS’s decision to rescind DACA was lawful. The plaintiffs argued that the defendants did not follow proper APA procedures.

On June 18, 2020, in an opinion by Chief Justice Roberts (joined by Justices Ginsburg, Breyer, Kagan, and Sotomayor), the Court ruled in favor of the plaintiffs in all three cases, affirming the judgment of the district court in this case. 140 S. Ct. 1891. It held that the DACA rescission was subject to judicial review under the APA and that the DHS secretary had offered insufficient justification to rescind the program.

As a result, on July 23, 2020, the D.C. Circuit remanded the case to the district court, with instructions to remand to the Department of Homeland Security for further action consistent with the opinion of the Supreme Court. The district court remanded the same day.

The Department of Homeland Security then issued a memorandum entitled "Reconsideration of the June 15, 2012 Memorandum Entitled 'Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children" on July 28, 2020. In this memo, Acting DHS Secretary Chad Wolf stated that he would reconsider DACA's future in light of the Supreme Court's decision. In the interim, the memo instructed USCIS to reject all initial requests for DACA, to only grant advance parole to current DACA beneficiaries in exceptional circumstances, and grant DACA renewals for only one-year, rather than two-year, periods.

In a joint status report on September 16, 2020, the plaintiffs indicated that they did not intend to challenge the July 28th Wolf Memorandum, but reserved the right to do so in the future or to challenge any future agency actions with respect to DACA. They asked the court to continue holding the cases in abeyance.

Though the plaintiffs in this case declined to challenge the July 28th Wolf Memorandum, the plaintiffs in Batalla Vidal v. Nielsen and State of New York v. Trump challenged the memo, arguing that Acting Secretary Wolf was not lawfully appointed to his position and did not have authority to issue the memo and that the memo was arbitrary and capricious under the APA. The court in Batalla Vidal and State of New York found that Acting Secretary Wolf was not lawfully serving as Acting Secretary and did not have authority to issue the memo. On December 4, 2020, the court in Batalla Vidal and State of New York ordered DHS to fully reinstate DACA as it existed prior to the attempted recession in September 2017. The order required DHS to accept initial DACA applications, accept advance parole applications, and grant DACA renewals for two-years. On December 7, 2020 USCIS updated their website and indicated that effective that day, USCIS would accept initial applications, extend one-year DACA renewals to two-years, and accept applications for advance parole.

In January 2021, President Biden took office and immediately shifted the executive's approach to DACA. On the day of his inauguration (January 20, 2021), President Biden signed a memorandum directing DHS and the Attorney General “to preserve and fortify DACA." As of May 14, 2021, this case is ongoing.

Summary Authors

Ava Morgenstern (1/19/2018)

Dawn Lui (11/7/2018)

Sam Kulhanek (2/20/2020)

Averyn Lee (6/18/2020)

Emily Kempa (5/14/2021)

Related Cases

Batalla Vidal v. Nielsen, Eastern District of New York (2016)

State of New York v. Trump, Eastern District of New York (2017)

Regents of University of California v. U.S. Department of Homeland Security, Northern District of California (2017)

Trustees of Princeton University v. U.S., District of Columbia (2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6285016/parties/national-association-for-the-advancement-of-colored-people-v-trump/


Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Bates, John D. (District of Columbia)

Breyer, Stephen Gerald (District of Columbia)

Gorsuch, Neil M. (District of Columbia)

Kagan, Elena (District of Columbia)

Kavanaugh, Brett M. (District of Columbia)

Roberts, John Glover Jr. (District of Columbia)

Sotomayor, Sonia (District of Columbia)

Attorneys(s) for Plaintiff

Berry, Bradford (Maryland)

Bowser, Renee L. (District of Columbia)

Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Bates, John D. (District of Columbia)

Breyer, Stephen Gerald (District of Columbia)

Gorsuch, Neil M. (District of Columbia)

Kagan, Elena (District of Columbia)

Kavanaugh, Brett M. (District of Columbia)

Roberts, John Glover Jr. (District of Columbia)

Sotomayor, Sonia (District of Columbia)

Attorneys(s) for Plaintiff

Berry, Bradford (Maryland)

Bowser, Renee L. (District of Columbia)

Clark, Nicholas (District of Columbia)

Cooper, Channing M. (District of Columbia)

Cuenin, Ari (Texas)

Ellis, Jonathan Y. (District of Columbia)

Ford, Peter J. (District of Columbia)

Francisco, Noel (District of Columbia)

Harrison, Lindsay C (District of Columbia)

Hawkins, Kyle Douglas (Texas)

Horwitz, Julia (District of Columbia)

Hunt, Joseph H. (District of Columbia)

Louard, Janette (Maryland)

Mateer, Jeffrey C (Texas)

McNamara, Douglas J. (District of Columbia)

Mooppan, Hashim M. (District of Columbia)

Paxton, Ken (Texas)

Pulham, Thomas (District of Columbia)

Romero, Ramona E. (New Jersey)

Rutter, Jessica (District of Columbia)

Selesnick, Julie S. (District of Columbia)

Sellers, Joseph Marc (District of Columbia)

Stern, Mark B (District of Columbia)

Strom, David J. (District of Columbia)

Sullivan, John C. (Texas)

Wall, Jeffrey B. (District of Columbia)

Wright, Abby C. (District of Columbia)

Attorneys(s) for Defendant

Bailey, Kate (District of Columbia)

Bhabha, Ishan K (District of Columbia)

Hirsch, Sam (District of Columbia)

Markham, Wesley (New Jersey)

Perrelli, Thomas J. (District of Columbia)

Pezzi, Stephen M. (District of Columbia)

Randall, Cynthia L. (Washington)

Readler, Chad Andrew (District of Columbia)

Ricketts, Jennifer (District of Columbia)

Shumate, Brett (District of Columbia)

Trepp, Alex (District of Columbia)

Tyler, John Russell (District of Columbia)

Westmoreland, Rachael (District of Columbia)

Westmoreland [inactive], Rachel Lynn (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

July 27, 2020 Docket
1

Complaint

The National Association for the Advancement of Colored People v. Trump

Sept. 18, 2017 Complaint
10

[Proposed] First Amended Complaint

The National Association for the Advancement of Colored People (NAACP) v. Trump

Oct. 24, 2017 Complaint
15

Defendants' Motion to Dismiss or, in the Alternative, for Summary Judgment

The National Association for the Advancement of Colored People v. Trump

Nov. 8, 2017 Pleading / Motion / Brief
18

Association Plaintiffs' Motion for Nine Declarants to Proceed by Pseudonym and Memorandum of Law in Support Thereof

Dec. 15, 2017 Pleading / Motion / Brief
23

Memorandum Opinion

298 F.Supp.3d 209

April 24, 2018 Order/Opinion
27

Memorandum Opinion

315 F.Supp.3d 457

Aug. 3, 2018 Order/Opinion
32

Memorandum Opinion

321 F.Supp.3d 143

Aug. 17, 2018 Order/Opinion

Petition for a Writ of Certiorari before Judgment

National Association for the Advancement of Colored People v. Donald J. Trump

Nov. 5, 2018 Pleading / Motion / Brief

Brief for the States of Texas, Alabama, Arizona, Arkansas, Florida, Louisiana, Nebraska, South Carolina, and West Virginia, and Governor Phil Bryant of the State of Mississippi as Amici Curiae in Support of Petitioners

United States Department of Homeland Security v. Regents of the University of California

District of Columbia state supreme court

Dec. 6, 2018 Pleading / Motion / Brief

Resources

Title Description External URL

Memorandum on Rescission Of Deferred Action For Childhood Arrivals (DACA)

Department of Homeland Security

"This memorandum rescinds the June 15, 2012 memorandum entitled 'Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children,' which established the prog… Sept. 5, 2017 https://www.dhs.gov/news/2017/09/05/memorandum-rescission-daca

NAACP Files Lawsuit in Defense of DACA Eligible People of Color

NAACP

The National Association for the Advancement of Colored People (NAACP), the country’s original civil rights organization, filed a lawsuit against President Trump, Attorney General Jeff Sessions, Home… Oct. 18, 2017 http://www.naacp.org/latest/naacp-files-lawsuit-defense-daca-eligible-people-color/

Wolf v. Vidal

SCOTUS Blog

Holding: The Department of Homeland Security’s decision to rescind the Deferred Action for Childhood Arrivals program was arbitrary and capricious under the Administrative Procedure Act. <br /> <br /… June 18, 2020 https://www.scotusblog.com/case-files/cases/mcaleenan-v-vidal/

Trump v. NAACP

SCOTUSBlog

Holding: The Department of Homeland Security’s decision to rescind the Deferred Action for Childhood Arrivals program was arbitrary and capricious under the Administrative Procedure Act. <br /> <br /… June 18, 2020 https://www.scotusblog.com/case-files/cases/trump-v-naacp/

Preserving and Fortifying Deferred Action for Childhood Arrivals (DACA)

Executive Office of the President

In 2012, during the Obama-Biden Administration, the Secretary of Homeland Security issued a memorandum outlining how, in the exercise of prosecutorial discretion, the Department of Homeland Security… Jan. 25, 2021 https://www.federalregister.gov/documents/2021/01/25/2021-01769/preserving-and-fortifying-deferred-action-for-childhood-arrivals-daca

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6285016/national-association-for-the-advancement-of-colored-people-v-trump/

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

ECF Number Description Date Link
1

COMPLAINT by NAACP against DONALD TRUMP, JEFFERSON BEAUREGARD SESSIONS III, ELAINE C. DUKE, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, DEPARTMENT OF HOMELAND SECURITY, UNITED STATES OF AMERICA ( Filing fee $ 400 receipt number 0090-5120614) filed by NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons US Attorneys Office)(Sellers, Joseph) (Entered: 09/18/2017)

1 Civil Cover Sheet

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2 Summons US Attorneys Office

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Sept. 18, 2017 RECAP

Case Assigned/Reassigned

Sept. 18, 2017 PACER

Case Assigned to Judge Christopher R. Cooper. (md)

Sept. 18, 2017 PACER
2

SUMMONS (1) Issued Electronically as to UNITED STATES OF AMERICA, non party U.S. Attorney (Attachments: # 1 Notice of Consent) (md) (Entered: 09/19/2017)

Sept. 19, 2017 PACER

Summons Not Issued

Sept. 19, 2017 PACER

SUMMONS (6) Not Issued as to DEPARTMENT OF HOMELAND SECURITY, ELAINE C. DUKE, JEFFERSON BEAUREGARD SESSIONS, III, DONALD TRUMP, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (SUMMONS WERE NOT SUBMITTED AT THE TIME COMPLAINT WAS FILED) (md)

Sept. 19, 2017 PACER
3

REQUEST FOR SUMMONS TO ISSUE 1) Donald Trump; 2) Jefferson Sessions; 3) Elaine Duke; 4) US Citizenship and Immigration Services; 5) US Immigration and Customs Enforcement; 6) Department of Homeland Security; and 7) US Attorneys Office re 1 Complaint, filed by NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE. Related document: 1 Complaint, filed by NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE.(Sellers, Joseph) (Entered: 09/19/2017)

Sept. 19, 2017 PACER
4

NOTICE of Appearance by Julia Horwitz on behalf of NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE (Horwitz, Julia) (Entered: 09/19/2017)

Sept. 19, 2017 PACER
5

SUMMONS (6) Issued Electronically as to DEPARTMENT OF HOMELAND SECURITY, ELAINE C. DUKE, JEFFERSON BEAUREGARD SESSIONS, III, DONALD TRUMP, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, and U.S. Attorney General (znmw) (Entered: 09/20/2017)

Sept. 20, 2017 RECAP
6

SUMMONS (1) Reissued Electronically as to UNITED STATES OF AMERICA/U.S. Attorney. (znmw) (Entered: 09/20/2017)

Sept. 20, 2017 RECAP
7

NOTICE of Appearance by Douglas James McNamara on behalf of NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE (McNamara, Douglas) (Entered: 09/25/2017)

Sept. 25, 2017 PACER
8

Consent MOTION for Leave to File Amended Complaint by NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE (Attachments: # 1 Exhibit A - Amended Complaint, # 2 Exhibit B - Proposed Order)(Sellers, Joseph) (Entered: 10/23/2017)

Oct. 23, 2017 PACER

MINUTE ORDER: Plaintiff NAACP's 8 Consent Motion for Leave to File Amended Complaint is GRANTED. Signed by Judge Christopher R. Cooper on 10/24/2017. (lccrc1)

Oct. 24, 2017 PACER

Order on Motion for Leave to File

Oct. 24, 2017 PACER
9

MOTION for Scheduling Order by NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A - N.D. Cal. Scheduling Order, # 3 Exhibit B - E.D.N.Y. Scheduling Order, # 4 Exhibit C - D. Md. Status Conference Order, # 5 Exhibit D - McNamara Email, # 6 Exhibit E - Beckenhauser Email, # 7 Exhibit F - N.D. Cal. Hearing Transcript)(Sellers, Joseph). Added MOTION for Hearing on 10/25/2017 (znmw). (Entered: 10/24/2017)

Oct. 24, 2017 PACER
10

FIRST AMENDED COMPLAINT against DEPARTMENT OF HOMELAND SECURITY, ELAINE C. DUKE, JEFFERSON BEAUREGARD SESSIONS, III, DONALD TRUMP, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES OF AMERICA filed by NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, AMERICAN FEDERATION OF TEACHERS, AFL-CIO, UNITED FOOD AND COMMERCIAL INTERNATIONAL UNION, AFL-CIO, CLC.(znmw) (Entered: 10/25/2017)

Oct. 24, 2017 RECAP

MINUTE ORDER: It is hereby ORDERED that, on or before October 30, 2017, Defendants shall respond to 9 Plaintiffs' Motion for Status Conference and Adoption of Case Management Order. That response shall include Defendants' positions on the statements made in Plaintiffs' Rule 26(f) report, which is attached to Plaintiffs' motion. Signed by Judge Christopher R. Cooper on 10/26/2017. (lccrc1)

Oct. 26, 2017 PACER

Order

Oct. 26, 2017 PACER
11

NOTICE of Appearance by Rachael Lynn Westmoreland on behalf of All Defendants (Westmoreland, Rachael) (Entered: 10/26/2017)

Oct. 26, 2017 PACER
12

NOTICE of Appearance by Kate Bailey on behalf of All Defendants (Bailey, Kate) (Entered: 10/30/2017)

Oct. 30, 2017 PACER
13

RESPONSE re 9 MOTION for Scheduling Order MOTION for Hearing filed by DEPARTMENT OF HOMELAND SECURITY, ELAINE C. DUKE, JEFFERSON BEAUREGARD SESSIONS, III, DONALD TRUMP, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES OF AMERICA. (Bailey, Kate) (Entered: 10/30/2017)

Oct. 30, 2017 PACER
14

REPLY to opposition to motion re 9 MOTION for Scheduling Order MOTION for Hearing filed by AMERICAN FEDERATION OF TEACHERS, AFL-CIO, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, UNITED FOOD AND COMMERCIAL INTERNATIONAL UNION, AFL-CIO, CLC. (Sellers, Joseph) (Entered: 11/03/2017)

Nov. 3, 2017 PACER
15

MOTION to Dismiss, MOTION for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, ELAINE C. DUKE, JEFFERSON BEAUREGARD SESSIONS, III, DONALD TRUMP, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES OF AMERICA (Attachments: # 1 Certified Index of Administrative Record, # 2 Text of Proposed Order)(Bailey, Kate) Modified event title on 11/9/2017 (znmw). (Entered: 11/08/2017)

1 Certified Index of Administrative Record

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2 Text of Proposed Order

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Nov. 8, 2017 PACER

MINUTE ORDER: The Court directs Plaintiffs to file any opposition to Defendants' Motion to Dismiss on or before November 29, 2017. Defendants' reply is due 14 days after Plaintiffs file their opposition. Signed by Judge Christopher R. Cooper on 11/9/2017. (lccrc3)

Nov. 9, 2017 PACER

Order

Nov. 9, 2017 PACER

Set/Reset Deadlines: Response to Dispositive Motions due by 11/29/2017. (lsj)

Nov. 9, 2017 PACER

Set/Reset Deadlines

Nov. 9, 2017 PACER
16

Joint MOTION for Scheduling Order and Stipulation Regarding Use of Discovery by AMERICAN FEDERATION OF TEACHERS, AFL-CIO, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, UNITED FOOD AND COMMERCIAL INTERNATIONAL UNION, AFL-CIO, CLC (Sellers, Joseph) (Entered: 11/21/2017)

Nov. 21, 2017 PACER
17

SCHEDULING ORDER: See Order for full briefing schedule. The Court will hold a motions hearing on January 31, 2017 at 10:00 AM in Courtroom 27A. Signed by Judge Christopher R. Cooper on 11/22/2017. (lccrc1) (Entered: 11/22/2017)

Nov. 22, 2017 PACER

Set/Reset Deadlines/Hearings: Dispositive Motions due by 11/22/2017. Response to Dispositive Motions due by 12/15/2017. Reply to Dispositive Motions due by 1/10/2018. Replies due by 1/19/2018. Oral Arguments on Motions set for 1/31/2018 at 10:00 AM in Courtroom 27A before Judge Christopher R. Cooper. (lsj)

Nov. 27, 2017 PACER

Set/Reset Deadlines/Hearings

Nov. 27, 2017 PACER
18

MOTION for Nine Declarants to Proceed Pseudonymously by AMERICAN FEDERATION OF TEACHERS, AFL-CIO, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, UNITED FOOD AND COMMERCIAL INTERNATIONAL UNION, AFL-CIO, CLC (Attachments: # 1 Text of Proposed Order)(Sellers, Joseph) (Entered: 12/15/2017)

Dec. 15, 2017 PACER
19

Case directly reassigned to Judge John D. Bates as related to 17cv2325 (JDB). Judge Christopher R. Cooper is no longer assigned to the case. (ztnr) (Entered: 01/03/2018)

Jan. 3, 2018 PACER
20

NOTICE of Appearance by Julie S. Selesnick on behalf of AMERICAN FEDERATION OF TEACHERS, AFL-CIO, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, UNITED FOOD AND COMMERCIAL INTERNATIONAL UNION, AFL-CIO, CLC (Selesnick, Julie) (Entered: 01/10/2018)

Jan. 10, 2018 PACER

MINUTE ORDER: On the Court's own motion, and upon consideration of the entire record herein, it is hereby ORDERED that this case is CONSOLIDATED with Civil Action No. 17-2325 for purposes of the dispositive motions currently pending in both cases; it is further ORDERED that all filings with respect to those motions shall be made jointly and shall be filed only in 17-2325; it is further ORDERED that counsel of record in both cases shall receive electronic notice of any filings made in either case; and it is further ORDERED that counsel in both cases shall determine how to divide their argument time at the motions hearing currently set for Friday, February 2, 2018 at 9:30 a.m. before Judge John D. Bates. SO ORDERED - by Judge John D. Bates on 1/18/2018. (tb)

Jan. 18, 2018 PACER

Order

Jan. 18, 2018 PACER

Set/Reset Hearings: Telephone Conference set for 1/26/2018 at 02:30 PM in Courtroom 30A before Judge John D. Bates. (tb)

Jan. 25, 2018 PACER

Set/Reset Hearings

Jan. 25, 2018 PACER

Minute Entry for proceedings held before Judge John D. Bates: Telephone Conference call held on 1/26/2018. The Motions Hearing presently scheduled for Friday, February 2, 2018 is continued to a date and time to be determined. (Revised Scheduling Order to be Issued) (Court Reporter: Lisa Moreira) (jth)

Jan. 26, 2018 PACER

Telephone Conference

Jan. 26, 2018 PACER

Set/Reset Deadlines: Plaintiffs' Reply in support of their 28 Motion for Summary Judgment is due by 2/6/2018. A Joint Status Report representing the parties' respective proposals for scheduling further proceedings in this case is due by 2/22/2018. (jth)

Jan. 28, 2018 PACER

Set/Reset Deadlines

Jan. 28, 2018 PACER

Minute Entry: Motion Hearing held on 3/14/2018 before Judge John D. Bates re: 15 MOTION to Dismiss MOTION for Summary Judgment filed by JEFFERSON BEAUREGARD SESSIONS, III, DONALD TRUMP, UNITED STATES OF AMERICA, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, DEPARTMENT OF HOMELAND SECURITY, ELAINE C. DUKE. Motion heard and taken under advisement. (Court Reporter Bryan Wayne) (tb)

March 14, 2018 PACER

Motion Hearing

March 14, 2018 PACER
21

TRANSCRIPT OF 3/14/18 MOTIONS HEARING before Judge John D. Bates held on March 14, 2018; Page Numbers: 1-95. Date of Issuance: March 15, 2018. Court Reporter: Bryan A. Wayne. Transcripts may be ordered at www.dcd.uscourts.gov. For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, PDF or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 4/5/2018. Redacted Transcript Deadline set for 4/15/2018. Release of Transcript Restriction set for 6/13/2018.(Wayne, Bryan) (Entered: 03/15/2018)

March 15, 2018 PACER
22

ORDER granting in part, denying in part, and deferring in part 15 the government's motion to dismiss; granting in part and denying in part plaintiffs' motion for summary judgment; and disposing of the remaining motions pending in this case. See text of Order for details. Signed by Judge John D. Bates on 4/24/2018. (lcjdb1) (Entered: 04/24/2018)

April 24, 2018 RECAP
23

MEMORANDUM OPINION. Signed by Judge John D. Bates on 4/24/2018. (lcjdb1) (Main Document 23 replaced on 4/26/2018) (ztd). (Entered: 04/24/2018)

April 24, 2018 RECAP
24

SCHEDULING ORDER. See text of Order for details. Signed by Judge John D. Bates on 6/27/2018. (lcjdb1) (Entered: 06/27/2018)

June 27, 2018 RECAP

Set/Reset Deadlines

June 27, 2018 PACER

Set/Reset Deadlines: Motion to revive 69 Order is due by 7/11/2018. Responses due by 7/23/2018 Reply due by 7/27/2018. (tb)

June 27, 2018 PACER
25

NOTICE of Appearance by Stephen M. Pezzi on behalf of All Defendants (Pezzi, Stephen) (Entered: 07/11/2018)

July 11, 2018 RECAP
26

ORDER denying defendants' motion to revise the Court's April 24, 2018 Order. See text of Order for details. Signed by Judge John D. Bates on 8/3/2018. (lcjdb1) (Entered: 08/03/2018)

Aug. 3, 2018 RECAP

Set/Reset Deadlines

Aug. 3, 2018 PACER
27

MEMORANDUM OPINION. Signed by Judge John D. Bates on 8/3/2018. (lcjdb1) (Entered: 08/03/2018)

Aug. 3, 2018 RECAP

Set/Reset Deadlines: The stay of the Court's 4/24/2018 Order vacating the DHS's 9/5/2017 decision rescinding the DACA program is continued until 8/23/2018. Defendants shall file by 8/23/2018 any motion seeking a further stay of the Court's Order pending appeal. (jth)

Aug. 3, 2018 PACER
28

NOTICE OF APPEAL TO DC CIRCUIT COURT as to 23 Memorandum & Opinion, 22 Order on Motion for Scheduling Order,, Order on Motion for Hearing,, Order on Motion to Dismiss,, Order on Motion for Summary Judgment,, Order on Motion for Miscellaneous Relief, 26 Order, 27 Memorandum & Opinion by ELAINE C. DUKE, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, DONALD TRUMP, UNITED STATES OF AMERICA, JEFFERSON BEAUREGARD SESSIONS, III. Fee Status: No Fee Paid. Parties have been notified. (Davis, Kathryn) (Entered: 08/06/2018)

Aug. 6, 2018 RECAP
29

Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re 28 Notice of Appeal to DC Circuit Court. (zrdj) (Entered: 08/07/2018)

Aug. 7, 2018 RECAP

USCA Case Number

Aug. 10, 2018 PACER

USCA Case Number 18-5243 for 28 Notice of Appeal to DC Circuit Court,, filed by JEFFERSON BEAUREGARD SESSIONS, III, DONALD TRUMP, UNITED STATES OF AMERICA, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, DEPARTMENT OF HOMELAND SECURITY, ELAINE C. DUKE. (zrdj)

Aug. 10, 2018 PACER
30

RESPONSE to Motion to Stay by AMERICAN FEDERATION OF TEACHERS, AFL-CIO, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, UNITED FOOD AND COMMERCIAL INTERNATIONAL UNION, AFL-CIO, CLC (Attachments: # 1 Exhibit A)(Sellers, Joseph) Modified event title on 8/17/2018 (znmw). (Entered: 08/15/2018)

Aug. 15, 2018 RECAP
31

ORDER granting the government's motion to clarify and granting in part and denying in part the government's motion to stay. See text of Order for details. Signed by Judge John D. Bates on 8/17/2018. (lcjdb1) (Entered: 08/17/2018)

Aug. 17, 2018 RECAP
32

MEMORANDUM OPINION. Signed by Judge John D. Bates on 8/17/2018. (lcjdb1) (Entered: 08/17/2018)

Aug. 17, 2018 RECAP
33

Certified and transmitted Record on Appeal to US Supreme Court re appeal 28 (jf) (Additional attachment(s) added on 9/19/2019: # 1 Transmittal Letter) (jf). (Entered: 09/19/2019)

Sept. 19, 2019 RECAP
34

ORDER remanding to the Department of Homeland Security. See text of Order for details. Signed by Judge John D. Bates on 7/23/2020. (lcjdb1) (Entered: 07/23/2020)

July 23, 2020 RECAP
35

MANDATE of USCA as to (28 in 1:17-cv-01907-JDB) Notice of Appeal to DC Circuit Court,, filed by JEFFERSON B. SESSIONS, III, DONALD J. TRUMP, UNITED STATES OF AMERICA, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, DEPARTMENT OF HOMELAND SECURITY, ELAINE C. DUKE, (79 in 1:17-cv-02325-JDB) Notice of Appeal to DC Circuit Court,,, filed by JEFFERSON B. SESSIONS, III, DONALD J. TRUMP, UNITED STATES OF AMERICA, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, DEPARTMENT OF HOMELAND SECURITY, ELAINE C. DUKE ; USCA Case Number 18-5243. (Attachment: # 1 USCA Order)(zsb) (Entered: 07/24/2020)

July 23, 2020 RECAP

MINUTE ORDER: It is hereby ORDERED that the government shall file a status report by not later than August 11, 2020, informing the Court of (1) what steps the government has taken on remand to comply with the Supreme Court's opinion in Department of Homeland Security v. Regents of the University of California, 140 S. Ct. 1891 (2020), which affirmed this Court's 22 26 Orders; and (2) what actions the government has taken in response to other judicial orders bearing on the DACA program that have been issued since the Supreme Court's decision, including any relevant orders in Casa De Maryland v. U.S. Department of Homeland Security, No. 17-cv-2942-PWG (D. Md. 2020); it is further ORDERED that plaintiffs may file a status report by not later than August 11, 2020, informing the Court of any outstanding issues and whether this Court retains authority to address them in light of its 34 Order remanding to the Department of Homeland Security. SO ORDERED. Signed by Judge John D. Bates on 7/27/2020. (lcjdb1)

July 27, 2020 PACER

Set/Reset Deadlines: Status Reports due by 8/11/2020. (tb)

July 27, 2020 PACER

.Order

July 27, 2020 PACER

Set/Reset Deadlines

July 27, 2020 PACER
36

Unopposed MOTION to Withdraw the Appearance of Gerald Brinton Lucas as Counsel for Defendants by DEPARTMENT OF HOMELAND SECURITY, ELAINE C. DUKE, JEFFERSON B. SESSIONS, III, DONALD J. TRUMP, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order)(Pezzi, Stephen) (Entered: 03/15/2021)

March 15, 2021 PACER

MINUTE ORDER: Upon consideration of 36 defendants' unopposed motion to withdraw Gerald Brinton Lucas as counsel, and the entire record herein, it is hereby ORDERED that the motion is GRANTED, and it is further ORDERED that Gerald Brinton Lucas is withdrawn as counsel for defendants in the above-captioned matters. SO ORDERED. Signed by Judge John D. Bates on 3/15/2021. (lcjdb1)

March 15, 2021 PACER

Order on Motion for Miscellaneous Relief

March 15, 2021 PACER

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Key Dates

Filing Date: Sept. 18, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The NAACP, AFT union, and UFCW union, in their organizational capacity on behalf of their DACA-recipient members

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

President of the United States, Federal

U.S. Department of Homeland Security, Federal

U.S. Department of Justice, Federal

U.S. Citizenship and Immigration Services, Federal

U.S. Immigration and Customs Enforcement, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

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

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Confidentiality

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

Discrimination-basis:

Immigration status

National origin discrimination

Race discrimination

Benefit Source:

DACA (Deferred Action for Childhood Arrivals)

Immigration/Border:

Constitutional rights

Deportation - criteria

Deportation - procedure

Employment

Status/Classification

Undocumented immigrants - rights and duties

Work authorization - criteria

Work authorization - procedures

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern

Hispanic