Case: National Association for the Advancement of Colored People v. U.S. Department of Homeland Security

1:18-cv-00239 | U.S. District Court for the District of Maryland

Filed Date: Jan. 24, 2018

Case Ongoing

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Case Summary

On Jan. 24, 2018, the NAACP Legal Defense Fund (LDF) filed this lawsuit against the U.S. Department of Homeland Security (DHS) in the U.S. District Court for the District of Maryland. Represented by its own counsel, LDF challenged DHS's Nov. 2017 revocation of Temporary Protected Status (TPS) for Haitians living in the United States. The plaintiff alleged that DHS violated the Due Process and Equal Protection Clauses of the Fifth Amendment by relying on stereotypes based on race and national origin to deprive Haitians of their rights. The plaintiff sought mandamus (for DHS to carry out the Immigration and Nationality Act's procedures for reviewing TPS) and a declaratory judgment. The case was assigned to Judge Marvin J. Garbis.

Under the Immigration and Nationality Act (INA), the Secretary of DHS may find that a country's conditions temporarily prevent its nationals from safely returning, or that the country is unable to adequately handle the return of nationals. In such a situation, the Secretary may grant TPS to these nationals for 6 to 18 months, with a possible extension following a review of country conditions. TPS allows recipients to remain and work legally in the United States.

DHS had initiated TPS for Haitians following the Jan. 2010 earthquake in Haiti. After each 18-month period since then, DHS had reviewed the program, determined that Haitian nationals could not yet return safely (due to severe safety, health, housing, and infrastructure problems, exacerbated by subsequent hurricanes), and extended the program.

This policy, however, ended with DHS' termination of TPS for Haitians in Nov. 2017. LDF argued that DHS' decision to end the program was not based on a change in conditions in Haiti, but rather on racially discriminatory stereotypes of Haitians. These stereotypes allegedly appeared in President Trump's remarks that the plaintiffs claimed disparaged Haitians, and DHS' alleged search for evidence of Haitians' criminality and welfare dependence.

On Apr. 17, LDF filed an amended complaint, adding two other organizational plaintiffs that advocate for Haitians living in the U.S.

On May 7, the defendants filed a motion to dismiss for failure to state a claim and lack of jurisdiction. The defendants argued that Congress had statutorily precluded judicial review of challenges to the Secretary's discretionary decisions regarding TPS designations. As to the plaintiffs' equal protection claims, the defendants argued that the rational basis standard of review applied and that the plaintiffs had failed to demonstrate that the Secretary's decision was not rationally related to a legitimate government interest.

The case was reassigned to Judge Deborah K. Chasanow on July 24, 2018.

On March 12, 2019, Judge Chasanow filed an opinion and order granting in part and denying in part the defendants' motion to dismiss. First, Judge Chasanow found that the court did have jurisdiction to hear the plaintiffs' constitutional claims. Next, she held that the plaintiffs had alleged a plausible claim for relief. Instead of rational basis review, Judge Chasanow found that the proper question was whether the government's decision to terminate TPS was motivated by impermissible race or national origin discrimination; if so, the action would be presumptively invalid and only upheld if it were narrowly tailored to achieve a compelling government purpose. Consequently, Judge Chasanow held that it was appropriate to view any circumstantial evidence to find proof of discriminatory motive, and that the plaintiffs had provided such evidence, which was to be viewed in their favor at this stage. Judge Chasanow then dismissed the plaintiffs' claims for mandamus and declaratory relief, as their constitutional claim would provide them with full relief. 364 F.Supp.3d 568.

On April 8, 2019, the defendants filed a motion to stay or, in the alternative, to confine discovery to the administrative record. The defendants requested that the court stay this case pending final appellate review of the preliminary injunction issued in a parallel case, Ramos v. Nielsen (located here in this Clearinghouse).

In an April 26 order, Judge Chasanow informed the parties that if they could reach an agreement, discovery could be limited to what had already been produced by the government in other, parallel litigation.

On March 23, 2020, Judge Chasanow granted the defendants' motion to stay. Due to the interconnected nature of the parallel litigation, particularly related to the scope of permissible discovery, and the ongoing COVID-19 pandemic, Judge Chasanow concluded it was best to stay proceedings in this case while the other cases were litigated.

	Document
1:18-cv-00239	Docket [PACER] NAACP v. Department of Homeland Security	March 23, 2020	March 23, 2020 Docket
1 1:18-cv-00239	Complaint NAACP v. Department of Homeland Security	Jan. 24, 2018	Jan. 24, 2018 Complaint
30 1:18-cv-00239	Preliminary Statement NAACP v. Department of Homeland Security	April 17, 2018	April 17, 2018 Pleading / Motion / Brief
67 1:18-cv-00239	Memorandum Opinion NAACP v. Department of Homeland Security	March 12, 2019	March 12, 2019 Order/Opinion 364 F.Supp.3d 568

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Elaine C. Duke, Kirstjen Nielsen, United States Department of Homeland Security ( Filing fee $ 400 receipt number 0416-7118932.), filed by National Association for the Advancement of Colored People. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Summons - US Atty, # 5 Summons - US Atty General, # 6 Summons - Dept of Homeland Sec, # 7 Summons - Elaine C. Duke, # 8 Summons - Kirstjen Nielsen)(Ifill, Sherrilyn) (Entered: 01/24/2018) 1 Civil Cover Sheet View on PACER 2 Exhibit A View on PACER 3 Exhibit B View on PACER 4 Summons - US Atty View on PACER 5 Summons - US Atty General View on PACER 6 Summons - Dept of Homeland Sec View on PACER 7 Summons - Elaine C. Duke View on PACER 8 Summons - Kirstjen Nielsen View on PACER	Jan. 24, 2018	Jan. 24, 2018 PACER
2	NOTICE of Appearance by Sherrilyn A Ifill on behalf of National Association for the Advancement of Colored People (Ifill, Sherrilyn) (Entered: 01/24/2018)	Jan. 24, 2018	Jan. 24, 2018 PACER
	Deficiency Notice as to National Association for the Advancement of Colored People -- Your Local Rule 103.3 disclosure statement has not been filed. The Statement must be filed by 2/1/2018 (kw2s, Deputy Clerk)	Jan. 25, 2018	Jan. 25, 2018 PACER
	Deficiency Notice	Jan. 25, 2018	Jan. 25, 2018 PACER
3	Summons Issued 60 days as to Elaine Costanzo Duke, Kirstjen Nielsen, United States Department of Homeland Security, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(kw2s, Deputy Clerk) (Entered: 01/25/2018) 1 Summons View on PACER 2 Summons View on PACER 3 Summons View on PACER 4 Summons View on PACER	Jan. 25, 2018	Jan. 25, 2018 PACER
4	NOTICE of Appearance by Cara McClellan on behalf of National Association for the Advancement of Colored People (McClellan, Cara) (Entered: 01/25/2018)	Jan. 25, 2018	Jan. 25, 2018 PACER
5	NOTICE of Appearance by Ajmel Quereshi on behalf of National Association for the Advancement of Colored People (Quereshi, Ajmel) (Entered: 01/25/2018)	Jan. 25, 2018	Jan. 25, 2018 PACER
6	Local Rule 103.3 Disclosure Statement by National Association for the Advancement of Colored People (Ifill, Sherrilyn) (Entered: 01/29/2018)	Jan. 29, 2018	Jan. 29, 2018 PACER
7	MOTION to Appear Pro Hac Vice for Samuel Spital (Filing fee $100, receipt number 0416-7132075.) by National Association for the Advancement of Colored People (Attachments: # 1 Text of Proposed Order)(McClellan, Cara) (Entered: 01/31/2018) 1 Text of Proposed Order View on PACER	Jan. 31, 2018	Jan. 31, 2018 PACER
8	MOTION to Appear Pro Hac Vice for Jin Hee Lee (Filing fee $100, receipt number 0416-7132144.) by National Association for the Advancement of Colored People (Attachments: # 1 Text of Proposed Order)(McClellan, Cara) (Entered: 01/31/2018) 1 Text of Proposed Order View on PACER	Jan. 31, 2018	Jan. 31, 2018 PACER
9	MOTION to Appear Pro Hac Vice for Natasha C. Merle (Filing fee $100, receipt number 0416-7132153.) by National Association for the Advancement of Colored People (Attachments: # 1 Text of Proposed Order)(McClellan, Cara) (Entered: 01/31/2018) 1 Text of Proposed Order View on PACER	Jan. 31, 2018	Jan. 31, 2018 PACER
10	MOTION to Appear Pro Hac Vice for Deuel Ross (Filing fee $100, receipt number 0416-7132175.) by National Association for the Advancement of Colored People (Attachments: # 1 Text of Proposed Order)(McClellan, Cara) (Entered: 01/31/2018) 1 Text of Proposed Order View on PACER	Jan. 31, 2018	Jan. 31, 2018 PACER
11	MOTION to Appear Pro Hac Vice for Raymond Audain (Filing fee $100, receipt number 0416-7134052.) by National Association for the Advancement of Colored People (Attachments: # 1 Text of Proposed Order)(McClellan, Cara) (Entered: 02/01/2018) 1 Text of Proposed Order View on PACER	Feb. 1, 2018	Feb. 1, 2018 PACER
12	SUMMONS Returned Executed by National Association for the Advancement of Colored People. Elaine Costanzo Duke served on 2/2/2018, answer due 4/3/2018; Kirstjen Nielsen served on 2/2/2018, answer due 4/3/2018; United States Department of Homeland Security served on 2/2/2018, answer due 4/3/2018.(McClellan, Cara) (Entered: 02/06/2018)	Feb. 6, 2018	Feb. 6, 2018 PACER
13	PAPERLESS ORDER granting 7 Motion to Appear Pro Hac Vice on behalf of Samuel Spital. Directing attorney Samuel Spital to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 2/6/2018. (srd, Deputy Clerk) (Entered: 02/06/2018)	Feb. 6, 2018	Feb. 6, 2018 PACER
14	PAPERLESS ORDER granting 8 Motion to Appear Pro Hac Vice on behalf of Jin Hee Lee. Directing attorney Jin Hee Lee to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 2/6/2018. (srd, Deputy Clerk) (Entered: 02/06/2018)	Feb. 6, 2018	Feb. 6, 2018 PACER
15	PAPERLESS ORDER granting 9 Motion to Appear Pro Hac Vice on behalf of Natasha Merle. Directing attorney Natasha Merle to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 2/6/2018. (srd, Deputy Clerk) (Entered: 02/06/2018)	Feb. 6, 2018	Feb. 6, 2018 PACER
16	PAPERLESS ORDER granting 10 Directing attorney Deuel Ross to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 2/6/2018. (srd, Deputy Clerk) (Entered: 02/06/2018)	Feb. 6, 2018	Feb. 6, 2018 PACER
17	PAPERLESS ORDER granting 11 Attorney Raymond Audain will receive a separate email with the previously issued CM/ECF login and password. Signed by Clerk on 2/6/2018. (srd, Deputy Clerk) (Entered: 02/06/2018)	Feb. 6, 2018	Feb. 6, 2018 PACER
18	MOTION to Appear Pro Hac Vice for Kristen Johnson (Filing fee $100, receipt number 0416-7144954.) by National Association for the Advancement of Colored People (Attachments: # 1 Text of Proposed Order)(McClellan, Cara) (Entered: 02/07/2018) 1 Text of Proposed Order View on PACER	Feb. 7, 2018	Feb. 7, 2018 PACER
19	SUMMONS Returned Executed by National Association for the Advancement of Colored People. United States Department of Homeland Security served on 2/6/2018, answer due 4/9/2018.(McClellan, Cara) (Entered: 02/08/2018)	Feb. 8, 2018	Feb. 8, 2018 PACER
20	SUMMONS Returned Executed by National Association for the Advancement of Colored People. Kirstjen Nielsen served on 2/6/2018, answer due 4/9/2018.(McClellan, Cara) (Entered: 02/08/2018)	Feb. 8, 2018	Feb. 8, 2018 PACER
21	SUMMONS Returned Executed by National Association for the Advancement of Colored People. Elaine Costanzo Duke served on 2/6/2018, answer due 4/9/2018.(McClellan, Cara) (Entered: 02/08/2018)	Feb. 8, 2018	Feb. 8, 2018 PACER
22	PAPERLESS ORDER granting 18 Motion to Appear Pro Hac Vice on behalf of Kristen Johnson. Directing attorney Kristen Johnson to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 2/12/2018. (srd, Deputy Clerk) (Entered: 02/12/2018)	Feb. 12, 2018	Feb. 12, 2018 PACER
23	SUMMONS Returned Executed by National Association for the Advancement of Colored People. United States Department of Homeland Security served on 2/5/2018, answer due 4/9/2018.(McClellan, Cara) Modified on 2/13/2018 (kw2s, Deputy Clerk). (Entered: 02/12/2018)	Feb. 12, 2018	Feb. 12, 2018 PACER
24	NOTICE of Appearance by Adam D Kirschner on behalf of All Defendants (Kirschner, Adam) (Entered: 04/03/2018)	April 3, 2018	April 3, 2018 PACER
25	NOTICE of Appearance by Joseph C Dugan on behalf of All Defendants (Dugan, Joseph) (Entered: 04/03/2018)	April 3, 2018	April 3, 2018 PACER
26	Joint MOTION for Extension of Time and to Set Deadlines by Elaine Costanzo Duke, Kirstjen Nielsen, United States Department of Homeland Security (Attachments: # 1 Text of Proposed Order)(Kirschner, Adam) (Entered: 04/04/2018) 1 Text of Proposed Order View on PACER	April 4, 2018	April 4, 2018 PACER
27	ORDER granting 26 Joint MOTION for Extension of Time and to Set Deadlines. Signed by Judge Marvin J. Garbis on 4/4/2018. (kw2s, Deputy Clerk) (Entered: 04/05/2018)	April 5, 2018	April 5, 2018 RECAP
28	(FILED IN ERROR) AMENDED COMPLAINT against Elaine Costanzo Duke, Kirstjen Nielsen, United States Department of Homeland Security, filed by National Association for the Advancement of Colored People, Haitian Women for Haitian Refugees, Haitian Lawyers Association, Inc..(Ifill, Sherrilyn) Modified on 4/17/2018 (kw2s, Deputy Clerk). (Entered: 04/16/2018)	April 16, 2018	April 16, 2018 PACER
29	QC NOTICE: 28 Amended Complaint, filed by Haitian Lawyers Association, Inc., National Association for the Advancement of Colored People, Haitian Women for Haitian Refugees was filed incorrectly. The following corrective actions are needed regarding missing or incomplete information:***Redline copy has not been filed. Please re-file the clean version of the amended complaint as the main document and the redline version as an attachment to the amended complaint. It has been noted as FILED IN ERROR, and the document link has been disabled. (kw2s, Deputy Clerk) (Entered: 04/17/2018)	April 17, 2018	April 17, 2018 PACER
30	AMENDED COMPLAINT against Elaine Costanzo Duke, Kirstjen Nielsen, United States Department of Homeland Security, filed by Haitian Lawyers Association, Inc., National Association for the Advancement of Colored People, Haitian Women for Haitian Refugees. (Attachments: # 1 Comparison of Complaint to Amended Complaint)(Ifill, Sherrilyn) (Entered: 04/17/2018) 1 Comparison of Complaint to Amended Complaint View on PACER	April 17, 2018	April 17, 2018 PACER
31	Local Rule 103.3 Disclosure Statement by Haitian Lawyers Association, Inc. (Ifill, Sherrilyn) (Entered: 04/19/2018)	April 19, 2018	April 19, 2018 PACER
32	Local Rule 103.3 Disclosure Statement by Haitian Women for Haitian Refugees (Audain, Raymond) (Entered: 04/20/2018)	April 20, 2018	April 20, 2018 PACER
33	MOTION to Appear Pro Hac Vice for Erika A. James (Filing fee $100, receipt number 0416-7311417.) by Haitian Lawyers Association, Inc., Haitian Women for Haitian Refugees, National Association for the Advancement of Colored People (Attachments: # 1 Text of Proposed Order)(McClellan, Cara) (Entered: 05/04/2018) 1 Text of Proposed Order View on PACER	May 4, 2018	May 4, 2018 PACER
34	MOTION to Appear Pro Hac Vice for James I. McClammy (Filing fee $100, receipt number 0416-7311418.) by Haitian Lawyers Association, Inc., Haitian Women for Haitian Refugees, National Association for the Advancement of Colored People (Attachments: # 1 Text of Proposed Order)(McClellan, Cara) (Entered: 05/04/2018) 1 Text of Proposed Order View on PACER	May 4, 2018	May 4, 2018 PACER
35	MOTION to Appear Pro Hac Vice for Antonio M. Haynes (Filing fee $100, receipt number 0416-7311430.) by Haitian Lawyers Association, Inc., Haitian Women for Haitian Refugees, National Association for the Advancement of Colored People (Attachments: # 1 Text of Proposed Order)(McClellan, Cara) (Entered: 05/04/2018) 1 Text of Proposed Order View on PACER	May 4, 2018	May 4, 2018 PACER
36	MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by Elaine Costanzo Duke, Kirstjen Nielsen, United States Department of Homeland Security (Attachments: # 1 Text of Proposed Order)(Kirschner, Adam) (Entered: 05/07/2018) 1 Text of Proposed Order View on PACER	May 7, 2018	May 7, 2018 PACER
37	PAPERLESS ORDER granting 33 Motion to Appear Pro Hac Vice on behalf of Erika James. Directing attorney Erika James to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/8/2018. (srd, Deputy Clerk) (Entered: 05/08/2018)	May 8, 2018	May 8, 2018 PACER
38	PAPERLESS ORDER granting 34 Motion to Appear Pro Hac Vice on behalf of James Irving McClammy. Directing attorney James Irving McClammy to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 5/8/2018. (srd, Deputy Clerk) (Entered: 05/08/2018)	May 8, 2018	May 8, 2018 PACER

Case: National Association for the Advancement of Colored People v. U.S. Department of Homeland Security

1:18-cv-00239 | U.S. District Court for the District of Maryland

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