Case: State of California v. U.S. Department of Justice

3:18-cv-00805 | U.S. District Court for the Northern District of California

Filed Date: Feb. 7, 2018

Closed Date: Aug. 13, 2019

Clearinghouse coding complete

Case Summary

The State of California filed this suit on February 7, 2018, seeking to compel the U.S. Department of Justice (DOJ) to produce records under the Freedom of Information Act (FOIA). The State sought records related to DOJ's recent decision to impose certain immigration enforcement related conditions that local jurisdictions must meet to receive federal funding. In requesting these records, the State argued that it sought to better understand how the new conditions related to Congressional intent …

The State of California filed this suit on February 7, 2018, seeking to compel the U.S. Department of Justice (DOJ) to produce records under the Freedom of Information Act (FOIA). The State sought records related to DOJ's recent decision to impose certain immigration enforcement related conditions that local jurisdictions must meet to receive federal funding. In requesting these records, the State argued that it sought to better understand how the new conditions related to Congressional intent behind the funding program, as well as the authority under which they were imposed. The State argued that the conditions could risk public safety in some local jurisdictions by undermining trust and cooperation between residents and law enforcement. The suit was brought in the U.S. District Court for the Northern District of California.

The complaint stated that the State had requested records from the DOJ's Office of Justice Programs (OJP) records concerning: (1) OJP's process in adding conditions and certification requirements related to immigration enforcement for the Edward Byrne Memorial Justice Assistance Grant Program (JAG); and (2) OJP’s decision to require the California Board of State and Community Corrections (BSCC) to submit a legal opinion verifying compliance with 8 U.S.C. § 1373 (Section 1373), which prohibited restrictions on sharing information related to immigration or citizenship status. Specifically, the State sought records related to the following conditions that OJP had recently added to the JAG program that must be met for a state to receive JAG funding: (1) a state must have statute, policy, or practice to ensure that federal agents have access to any state correctional facilities in order to determine if detainees are immigrants with a right to be in the U.S.; (2) a state must provide notice to DHS of a scheduled release date of a detainee who is also an immigrant if DHS requests such notice; and (3) a state must certify compliance with Section 1373.

The complaint noted that all three of these conditions were separately challenged in State of California v. Sessions, No. 17-cv-4701, found here .

The case was assigned to Magistrate Judge Joseph C. Spero on Feb. 7, 2018. Over the next year-and-a-half, it appears the parties engaged in settlement negotiations.

On August 13, 2019, the Magistrate Judge Spero issued an order approving the settlement agreement between the parties. In the agreement, the defendants agreed to pay $22,500 to satisfy plaintiff's claims for attorney's fees, costs, and litigation expenses under the FOIA at issue within 60 days, and the plaintiff agreed to release and discharge the defendants from any and all claims and causes of action that the plaintiff asserted. The case is now closed.

Summary Authors

Virginia Weeks (2/11/2018)

Caitlin Kierum (11/13/2019)

Related Cases

State of California v. Sessions, Northern District of California (2017)

Community Legal Services in East Palo Alto v. U.S. Department of Homeland Security, Northern District of California (2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6298101/parties/state-of-california-v-united-states-department-of-justice/


Judge(s)
Attorney for Plaintiff

Becerra, Xavier (California)

Belton, Sarah (California)

Ehrlich, Lisa Catherine (California)

Attorney for Defendant

Lo, Michelle (California)

Robinson, Kimberly Anne (California)

Documents in the Clearinghouse

Documents in this case

3:18-cv-00805

Docket [PACER]

State of California v. Department of Justice

Aug. 13, 2019

Aug. 13, 2019

Docket
1

3:18-cv-00805

Complaint for Declaratory and Injunctive Relief

State of California v. Department of Justice

Feb. 7, 2018

Feb. 7, 2018

Complaint
35

3:18-cv-00805

Stipulation and Order Re: Settlement and Dismissal with Prejudice

Aug. 13, 2019

Aug. 13, 2019

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6298101/state-of-california-v-united-states-department-of-justice/

Last updated July 20, 2026, 5:01 a.m.

ECF Number Date Description Link
1 Feb. 7, 2018

COMPLAINT for Declaratory and Injunctive Relief against Office of Justice Programs, United States Department of Justice (Filing fee $ 400.00, receipt number 0971-12090897.). Filed by State of California. (Attachments: # 1 Civil Cover Sheet) (Ehrlich, Lisa) (Filed on 2/7/2018) Modified on 2/12/2018 (gbaS, COURT STAFF). (Entered: 02/07/2018)

1 Civil Cover Sheet

View on PACER

RECAP
2 Feb. 7, 2018

Proposed Summons. (Ehrlich, Lisa) (Filed on 2/7/2018) (Entered: 02/07/2018)

RECAP
3 Feb. 7, 2018

Case assigned to Magistrate Judge Joseph C. Spero. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 2/21/2018. (as, COURT STAFF) (Filed on 2/7/2018) (Entered: 02/07/2018)

RECAP
Feb. 7, 2018

~Util - Case Assigned by Intake

4 Feb. 12, 2018

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/4/2018. Initial Case Management Conference set for 5/11/2018 02:00 PM in San Francisco, Courtroom G, 15th Floor. (gbaS, COURT STAFF) (Filed on 2/12/2018) (Entered: 02/12/2018)

RECAP
5 Feb. 12, 2018

Summons Issued as to Office of Justice Programs, United States Department of Justice. (gbaS, COURT STAFF) (Filed on 2/12/2018) (Entered: 02/12/2018)

RECAP
6 Feb. 26, 2018

CERTIFICATE OF SERVICE by State of California re 4 Initial Case Management Scheduling Order with ADR Deadlines, 3 Case Assigned by Intake,,, 1 Complaint, 5 Summons Issued as to USA (Ehrlich, Lisa) (Filed on 2/26/2018) (Entered: 02/26/2018)

RECAP
7 Feb. 26, 2018

CERTIFICATE OF SERVICE by State of California re 4 Initial Case Management Scheduling Order with ADR Deadlines, 3 Case Assigned by Intake,,, 1 Complaint, 5 Summons Issued as to USA (Ehrlich, Lisa) (Filed on 2/26/2018) (Entered: 02/26/2018)

RECAP
8 Feb. 27, 2018

CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (Party/parties were also notified via telephone or email.) Consent/Declination due by 3/13/2018. (klhS, COURT STAFF) (Filed on 2/27/2018) (Entered: 02/27/2018)

RECAP
9 Feb. 27, 2018

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by State of California.. (Ehrlich, Lisa) (Filed on 2/27/2018) (Entered: 02/27/2018)

RECAP
10 March 13, 2018

STIPULATION Joint Stipulation to Enlarge Defendants' Time to Respond to Complaint filed by Office of Justice Programs, United States Department of Justice. (Lo, Michelle) (Filed on 3/13/2018) (Entered: 03/13/2018)

RECAP
11 March 15, 2018

CLERK'S NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge by 3/29/2018. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (ahm, COURT STAFF) (Filed on 3/15/2018) (Entered: 03/15/2018)

RECAP
12 March 16, 2018

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Office of Justice Programs, United States Department of Justice.. (Lo, Michelle) (Filed on 3/16/2018) (Entered: 03/16/2018)

RECAP
13 April 6, 2018

ANSWER to Complaint byOffice of Justice Programs, United States Department of Justice. (Lo, Michelle) (Filed on 4/6/2018) (Entered: 04/06/2018)

RECAP
14 April 20, 2018

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options ADR Certification by Parties and Counsel (Lo, Michelle) (Filed on 4/20/2018) (Entered: 04/20/2018)

RECAP
15 April 23, 2018

STIPULATION WITH PROPOSED ORDER Joint Stipulation to Continue Initial Case Management Conference and [Proposed] Order filed by Office of Justice Programs, United States Department of Justice. (Lo, Michelle) (Filed on 4/23/2018) (Entered: 04/23/2018)

RECAP
16 April 24, 2018

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Ehrlich, Lisa) (Filed on 4/24/2018) (Entered: 04/24/2018)

RECAP
17 April 25, 2018

Order, signed 4/25/18, by Chief Magistrate Judge Joseph C. Spero granting 15 Stipulation to Continue Initial Case Management Conference. Case Management Statement due by 7/6/2018. Case Management Conference set for 7/13/2018 02:00 PM in San Francisco, Courtroom G, 15th Floor.(klhS, COURT STAFF) (Filed on 4/25/2018) (Entered: 04/25/2018)

RECAP
18 June 29, 2018

STIPULATION WITH PROPOSED ORDER Joint Stipulation to Continue Initial Case Management Conference and [Proposed] Order filed by Office of Justice Programs, United States Department of Justice. (Lo, Michelle) (Filed on 6/29/2018) (Entered: 06/29/2018)

RECAP
19 July 2, 2018

Order, signed 7/2/18, by Chief Magistrate Judge Joseph C. Spero granting 18 Stipulation to Continue Initial Case Management Conference. Case Management Statement due by 8/10/2018. Initial Case Management Conference re-set for 8/17/2018 02:00 PM in San Francisco, Courtroom G, 15th Floor.(klhS, COURT STAFF) (Filed on 7/2/2018) (Entered: 07/02/2018)

RECAP
20 Aug. 8, 2018

JOINT CASE MANAGEMENT STATEMENT filed by Office of Justice Programs, United States Department of Justice. (Lo, Michelle) (Filed on 8/8/2018) (Entered: 08/08/2018)

RECAP
21 Aug. 14, 2018

CLERK'S NOTICE CONTINUING INITIAL CASE MANAGEMENT CONFERENCE. Case Management Statement due by 11/9/2018. Initial Case Management Conference set for 8/17/18 at 2:00 PM, has been continued to 11/16/2018 02:00 PM in San Francisco, Courtroom G, 15th Floor before Chief Magistrate Judge Joseph C. Spero. Any party seeking a continuance shall e-file a stipulation and proposed order.. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klhS, COURT STAFF) (Filed on 8/14/2018) (Entered: 08/14/2018)

RECAP
22 Aug. 20, 2018

NOTICE of Appearance by Sarah Elizabeth Belton for Plaintiff State of California (Belton, Sarah) (Filed on 8/20/2018) (Entered: 08/20/2018)

RECAP
23 Nov. 9, 2018

CASE MANAGEMENT STATEMENT Joint Case Management Statement filed by Office of Justice Programs, United States Department of Justice. (Lo, Michelle) (Filed on 11/9/2018) (Entered: 11/09/2018)

RECAP
24 Nov. 13, 2018

CLERK'S NOTICE CONTINUING FURTHER CASE MANAGEMENT CONFERENCE. (This is a text-only entry generated by the court. There is no document associated with this entry.) Case Management Statement due by 2/8/2019. Further Case Management Conference re-set for 2/15/2019 02:00 PM in San Francisco, Courtroom G, 15th Floor. (klhS, COURT STAFF) (Filed on 11/13/2018) (Entered: 11/13/2018)

RECAP
25 Feb. 7, 2019

STIPULATION WITH PROPOSED ORDER re 24 Clerk's Notice, Joint filed by Office of Justice Programs, United States Department of Justice. (Attachments: # 1 Proposed Order)(Robinson, Kimberly) (Filed on 2/7/2019) (Entered: 02/07/2019)

1 Proposed Order

View on PACER

RECAP
26 Feb. 8, 2019

NOTICE of Substitution of Counsel by Kimberly Anne Robinson (Robinson, Kimberly) (Filed on 2/8/2019) (Entered: 02/08/2019)

RECAP
27 Feb. 8, 2019

CASE MANAGEMENT STATEMENT Joint filed by Office of Justice Programs, United States Department of Justice. (Robinson, Kimberly) (Filed on 2/8/2019) (Entered: 02/08/2019)

RECAP
28 Feb. 12, 2019

Order, signed 2/12/19, by Chief Magistrate Judge Joseph C. Spero granting 25 Stipulation to Continue Initial Case Management Conference. Case Management Statement due by 2/22/2019. Initial Case Management Conference set for 3/1/2019 02:00 PM in San Francisco, Courtroom G, 15th Floor.(klhS, COURT STAFF) (Filed on 2/12/2019) (Entered: 02/12/2019)

RECAP
29 March 1, 2019

Minute Entry for proceedings held before Chief Magistrate Judge Joseph C. Spero: Initial Case Management Conference held on 3/1/2019. the final OJP response shall be completed by 5/15/19. Case Management Statement due by 5/24/2019. Further Case Management Conference set for 5/31/2019 02:00 PM in San Francisco, Courtroom G, 15th Floor.FTR Time: Not Reported. Attorney for Plaintiff: Sarah Belton Attorney for Defendant: Kimberly Robinson (klhS, COURT STAFF) (Date Filed: 3/1/2019) (Entered: 03/01/2019)

RECAP
30 May 24, 2019

JOINT CASE MANAGEMENT STATEMENT and Joint Request For Continuance of Case Management Conference filed by Office of Justice Programs, United States Department of Justice. (Robinson, Kimberly) (Filed on 5/24/2019) (Entered: 05/24/2019)

RECAP
31 May 28, 2019

CLERK'S NOTICE. (This is a text-only entry generated by the court. There is no document associated with this entry.) Pursuant to the joint request of the parties in the joint case management statement, the Further Case Management Conference has been continued to 6/28/2019 02:00 PM in San Francisco, Courtroom G, 15th Floor. Case Management Statement due by 6/21/2019.(klhS, COURT STAFF) (Filed on 5/28/2019) (Entered: 05/28/2019)

RECAP
May 28, 2019

Clerk's Notice

32 June 21, 2019

CASE MANAGEMENT STATEMENT Joint filed by Office of Justice Programs, United States Department of Justice. (Robinson, Kimberly) (Filed on 6/21/2019) (Entered: 06/21/2019)

RECAP
33 June 24, 2019

CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. (This is a text-only entry generated by the court. There is no document associated with this entry.) Case Management Statement due by 8/23/2019. Further Case Management Conference previously set for 6/28/19 at 2:00 PM, has been continued to 8/30/2019 02:00 PM in San Francisco, Courtroom G, 15th Floor. (klhS, COURT STAFF) (Filed on 6/24/2019) (Entered: 06/24/2019)

RECAP
June 24, 2019

Clerk's Notice

34 Aug. 12, 2019

STIPULATION WITH PROPOSED ORDER for Dismissal With Prejudice filed by Office of Justice Programs, United States Department of Justice. (Robinson, Kimberly) (Filed on 8/12/2019) (Entered: 08/12/2019)

RECAP
35 Aug. 13, 2019

ORDER RE: SETTLEMENT AND DISMISSAL WITH PREJUDICE. Signed by the Honorable Joseph C. Spero on 08/13/2019. (jmdS, COURT STAFF) (Filed on 8/13/2019) (Entered: 08/13/2019)

RECAP

Case Details

State / Territory:

California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Trump Administration 1.0 & 2.0 FOIA cases

Trump Administration 1.0: Challenges to the Government

Key Dates

Filing Date: Feb. 7, 2018

Closing Date: Aug. 13, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

State of California.

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

U.S. Department of Justice

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

FOIA (Freedom of Information Act), 5 U.S.C. § 552

Other Dockets:

Northern District of California 3:18-cv-00805

Available Documents:

Complaint (any)

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General/Misc.:

Funding

Discrimination Basis:

Immigration status

Immigration/Border:

Deportation - criteria

Deportation - procedure

Detention - procedures

ICE/DHS/INS raid

Sanctuary city/state

Recommended Citation