Case: City of Providence v. Sessions

1:18-cv-00437 | U.S. District Court for the District of Rhode Island

Filed Date: Aug. 9, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On August 9, 2018, two Rhode Island cities filed this lawsuit in the U.S. District Court for the District of Rhode Island, challenging the U.S. Department of Justice’s (DOJ) policy of conditioning federal funding on compliance with immigration-related conditions. The cities argued that the new conditions forced them to make an impossible choice: accept unlawful conditions that undermined their ability to protect their communities or forfeit funding crucial to protecting their communities. Accor…

On August 9, 2018, two Rhode Island cities filed this lawsuit in the U.S. District Court for the District of Rhode Island, challenging the U.S. Department of Justice’s (DOJ) policy of conditioning federal funding on compliance with immigration-related conditions. The cities argued that the new conditions forced them to make an impossible choice: accept unlawful conditions that undermined their ability to protect their communities or forfeit funding crucial to protecting their communities. Accordingly, the cities argued that the new conditions violated the separation of powers, the Administrative Procedure Act (APA), the Tenth Amendment, the Spending Clause, and also constituted ultra vires conduct. The cities sought declaratory and injunctive relief. Along with the complaint, the cities filed a motion for a temporary restraining order and sought a writ of mandamus directing the DOJ to immediately disburse the cities' fiscal year 2017 award funding. The case was assigned to Judge John J. McConnell, Jr.

The cities, Providence and Central Falls, were previous recipients of the Edward Byrne Memorial Justice Grant (Byrne JAG). The cities argued that the new immigration-related conditions were not relevant to Byrne JAG’s purpose, which was to provide funding for states and local government in support of local activities related to criminal justice. The program, according to the complaint, was designed to create flexibility in federal funding to allow localities to address their particular law enforcement needs.

But, on July 25, 2017, the DOJ announced the imposition of new immigration-related conditions on Fiscal Year 2017 Byrne JAG funds. The conditions required localities to: (1) provide federal immigration enforcement agents with access to the localities’ correctional facilities (“access condition”), (2) provide federal immigration officials with notice before an individual’s scheduled custody release (“notice condition”), and (3) certify compliance with 8 U.S.C. § 1373 (“Section 1373 condition”). Specifically, § 1373 prohibited localities from restricting their officials from communicating with federal immigration officials regarding the immigration status of any individual. The cities argued that these new conditions were an “attempt to force states and localities to forsake their own policy judgments and aid in federal civil immigration enforcement.”

But, citing City of Chicago v. Sessions, the complaint argued that the Byrne JAG program did not empower the DOJ to impose such conditions. As a result, the complaint further argued, the DOJ’s conditions violated the separation of powers between Congress and the Executive. The cities also argued that the conditions violated statutory and constitutional anti-commandeering principles by compelling local governments to enforce federal immigration laws. Because the conditions were "ambiguous as to what state and local governments must do to be in compliance and are not germane to the local criminal justice purposes of the Byrne JAG program," the cities argued they also violated the spending clause. Finally, the cities claimed the conditions violated the APA because they were imposed without any reasoning or opportunity for local governments to respond to them.

The cities filed an amended complaint on November 9, 2018. In addition to its previous claims, the new complaint further argued that on June 28, 2018, the DOJ announced new immigration-related conditions on four public safety grants for FY2018. The complaint alleged that these conditions were essentially "re-packaged versions" of the previous three conditions, as well as a new condition prohibiting the public disclosure of any federal law enforcement information that might hide undocumented immigrants from federal authorities (“gag-order condition”).

On December 21, 2018, the cities filed a motion for partial summary judgment on their claims relating to the FY2017 grant conditions. They also requested a permanent injunction enjoining the DOJ from imposing the access, notice, and § 1373 conditions on the cities.

On March 2, 2019, the government filed a cross-motion to dismiss the complaint for failure to state a claim, or in the alternative, a motion for partial summary judgment with respect to the plaintiffs' claims relating to the FY2017 grant conditions.

On June 10, 2019, Judge McConnell granted the cities' motion for partial summary judgment. He concluded that the Attorney General exceeded his statutory authority in imposing the challenged conditions. Thus, he granted the cities' request for a writ of mandamus directing the DOJ to immediately disburse their FY2017 award funds and reissue FY2017 award letters without the challenged conditions. He also directed the parties to draft a permanent injunction. 385 F.Supp.3d 160.

On June 24, 2019, the government filed a motion for reconsideration of the court's June 10 order with respect to the portion of the order directing the DOJ to reissue the FY2017 award letters absent the challenged conditions. Judge McConnell granted this motion on June 27.

On June 27, Judge McConnell also issued an order permanently enjoining the DOJ from imposing the notice, access, and § 1373 conditions on any Rhode Island recipient of a Byrne JAG award for FY2017. It also directed the DOJ to disburse the cities' FY2017 awards.

On June 27, the cities also filed a motion for partial summary judgment on their claims relating to the FY2018 grant conditions.

On August 9, 2019, the government appealed Judge McConnell's June 10 ruling to the First Circuit (docket #19-1802).

On August 12, 2019, the government filed a motion to dismiss for failure to state a claim, or in the alternative, a motion for summary judgment with respect to the plaintiffs' claims relating to the FY2018 grant conditions.

On November 14, 2019, Judge McConnell granted the plaintiffs' motion for partial summary judgment on their FY2018 claims. He found that the Attorney General had again gone beyond his powers by imposing conditions not authorized by Congress. He granted a writ of mandamus directing the DOJ to immediately disburse the FY2018 funds and directed the parties to draft a declaratory judgment and permanent injunction enjoining the DOJ from imposing the FY2018 conditions. 415 F.Supp.3d 302.

On January 10, 2020, Judge McConnell issued an order permanently enjoining the DOJ from enforcing the challenged conditions on the cities for FY2018 and mandating the disbursement of the cities' FY2018 awards.

On March 10, 2020, the government appealed Judge McConnell's November 14 ruling to the First Circuit (docket #20-1296).

On March 24, 2020, the First Circuit issued a decision affirming the District Court's June 10, 2019 grant of summary judgment relating to the FY2017 conditions. The First Circuit agreed that the Attorney General, and by extension, the DOJ, lacked statutory authority to impose the challenged conditions. 954 F.3d 23.

The case is ongoing.

Summary Authors

Virginia Weeks (12/1/2018)

Sam Kulhanek (3/25/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7630227/parties/city-of-providence-v-sessions/


Judge(s)

Almond, Lincoln D. (Rhode Island)

McConnell, John James Jr. (Rhode Island)

Selya, Bruce Marshall (Rhode Island)

Attorneys(s) for Plaintiff

Dana, Jeffery (Rhode Island)

DiSanto, Megan K. Maciasz (Rhode Island)

Hemond, Nicholas J. (Rhode Island)

Jerzyk, Matthew T. (Rhode Island)

Schaub, Etie-Lee Z. (Rhode Island)

Weber, Robert F. (Rhode Island)

Attorneys(s) for Defendant

Cunha, Zachary A. (Rhode Island)

Judge(s)

Almond, Lincoln D. (Rhode Island)

McConnell, John James Jr. (Rhode Island)

Selya, Bruce Marshall (Rhode Island)

Attorneys(s) for Plaintiff

Dana, Jeffery (Rhode Island)

DiSanto, Megan K. Maciasz (Rhode Island)

Hemond, Nicholas J. (Rhode Island)

Jerzyk, Matthew T. (Rhode Island)

Schaub, Etie-Lee Z. (Rhode Island)

Weber, Robert F. (Rhode Island)

Attorneys(s) for Defendant

Cunha, Zachary A. (Rhode Island)

Mauler, Daniel (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

March 11, 2020 Docket
1

Complaint

Aug. 9, 2018 Complaint
15

Amended Complaint

Nov. 9, 2018 Complaint
30

Memorandum and Order

385 F.Supp.3d 160

June 10, 2019 Order/Opinion
35

Partial Judgment of Injunction and Writ of Mandamus

June 27, 2019 Order/Opinion
47

Order

415 F.Supp.3d 302

Nov. 14, 2019 Order/Opinion
48

Judgment of Injunction and Writ of Mandamus

City of Providence v. Barr

Jan. 10, 2020 Order/Opinion

Opinion

City of Providence v. Barr

U. S. Court of Appeals for the First Circuit

954 F.3d 23

March 24, 2020 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7630227/city-of-providence-v-sessions/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
6

Summons Issued as to Jefferson B. Sessions, III, United States Department of Justice and U.S. Attorney (Attachments: # 1 Summons, # 2 Summons)(Potter, Carrie) (Entered: 08/09/2018)

1 Summons

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2 Summons

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Aug. 9, 2018 PACER
5

Summons Request filed by City of Central Falls, City of Providence. (DiSanto, Megan) (Entered: 08/09/2018)

Aug. 9, 2018 PACER
4

Summons Request filed by City of Central Falls, City of Providence. (DiSanto, Megan) (Entered: 08/09/2018)

Aug. 9, 2018 PACER
3

Summons Request filed by City of Central Falls, City of Providence. (DiSanto, Megan) (Entered: 08/09/2018)

Aug. 9, 2018 PACER

NOTICE of Hearing on Motion 2 MOTION for Temporary Restraining Order : Motion Hearing set for Friday, 8/10/2018 at 01:00 PM in Courtroom 2 before District Judge John J. McConnell, Jr. (Barletta, Barbara)

Aug. 9, 2018 PACER
2

MOTION for Temporary Restraining Order filed by City of Central Falls, City of Providence. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Potter, Carrie) (Entered: 08/09/2018)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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Aug. 9, 2018 PACER
1

COMPLAINT ( filing fee paid $ 400.00 receipt number 14670021121 ), filed by City of Providence, City of Central Falls. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)(Potter, Carrie) (Entered: 08/09/2018)

1 Civil Cover Sheet

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2 Receipt

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Aug. 9, 2018 PACER

HEARING CANCELLED: The 2 MOTION for Temporary Restraining Order scheduled for Friday, 8/10/18 at 1:00 p.m. in Courtroom 2 before Judge John J. McConnell, Jr. is cancelled(Barletta, Barbara)

Aug. 10, 2018 PACER

TEXT ORDER: The Plaintiffs' 2 Motion for TRO is denied without prejudice as moot in light of the filing of the 8 Stipulation - So Ordered by District Judge John J. McConnell, Jr. on 8/10/2018 (Barletta, Barbara)

Aug. 10, 2018 PACER

TEXT ORDER entering 8 Stipulation filed by all parties - So Ordered by District Judge John J. McConnell, Jr. on 8/10/2018 (Barletta, Barbara)

Aug. 10, 2018 PACER
8

STIPULATION and Proposed Order signed by all parties filed by Jefferson B. Sessions, III, United States Department of Justice. (Cunha, Zachary) (Entered: 08/10/2018)

Aug. 10, 2018 RECAP
7

NOTICE of Appearance by Zachary A. Cunha on behalf of Jefferson B. Sessions, III, United States Department of Justice (Cunha, Zachary) (Entered: 08/10/2018)

Aug. 10, 2018 PACER
9

SUMMONS Returned Executed by City of Providence, City of Central Falls. All Defendants. (DiSanto, Megan) (Entered: 08/20/2018)

Aug. 20, 2018 PACER
10

STIPULATION And Proposed Order Extending Defendants Time To Respond To The Complaint, And Establishing Briefing Schedule filed by Jefferson B. Sessions, III, United States Department of Justice. (Attachments: # 1 Certificate of Service)(Cunha, Zachary) (Entered: 10/12/2018)

1 Certificate of Service

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Oct. 12, 2018 PACER
11

STIPULATION and Proposed Order between Plaintiff City of Providence and Defendants with respect to FY2018 grant award filed by Jefferson B. Sessions, III, United States Department of Justice. (Attachments: # 1 Certificate of Service)(Cunha, Zachary) (Entered: 10/15/2018)

1 Certificate of Service

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Oct. 15, 2018 PACER

TEXT ORDER entering 10 Stipulation of proposed schedule filed by all parties; Set Deadlines: Plaintiff shall file an Amended Complaint by 11/10/2018; Defendants will file a certified administrative record by 11/30/18; Plaintiff Municipalities will file a Motion for Summary Judgment on or before 12/21/18; Defendants shall file their opposition to Plaintiffs' Motion and any Motion to Dismiss on or before 1/31/19; Plaintiff Municipalities shall file their opposition to Defendants' motion if any and a reply on or before 3/1/19; Defendants shall file any reply in support of their motions on or before 4/1/19 - So Ordered by District Judge John J. McConnell, Jr. on 10/15/2018. (Barletta, Barbara)

Oct. 15, 2018 PACER
12

STIPULATION AND ORDER regarding FY2018 grant awards- So Ordered by District Judge John J. McConnell, Jr. on 10/16/2018. (Barletta, Barbara) (Entered: 10/16/2018)

Oct. 16, 2018 PACER

TEXT ORDER entering 11 Stipulation regarding FY2018 grant award - So Ordered by District Judge John J. McConnell, Jr. on 10/16/2018. (Barletta, Barbara)

Oct. 16, 2018 PACER
13

STIPULATION and Proposed Order between Plaintiff City of Central Falls and Defendants with respect to FY2018 grant award filed by Jefferson B. Sessions, III, United States Department of Justice. (Attachments: # 1 Certificate of Service)(Cunha, Zachary) (Entered: 10/18/2018)

1 Certificate of Service

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Oct. 18, 2018 PACER
14

STIPULATION AND ORDER regarding FY2018 grant awards as to City of Central Falls- So Ordered by District Judge John J. McConnell, Jr. on 10/19/2018. (Barletta, Barbara) (Entered: 10/19/2018)

Oct. 19, 2018 PACER

TEXT ORDER entering 13 Stipulation filed by United States Department of Justice, Jefferson B. Sessions, III and City of Central Falls- So Ordered by District Judge John J. McConnell, Jr. on 10/19/2018. (Barletta, Barbara)

Oct. 19, 2018 PACER
15

AMENDED COMPLAINT against All Defendants, filed by City of Providence, City of Central Falls. (Attachments: # 1 Exhibit FY17 PVD Award, # 2 Exhibit FY18 PVD Award, # 3 Exhibit FY17 CF Award, # 4 Exhibit FY18 Award)(DiSanto, Megan) (Entered: 11/09/2018)

1 Exhibit FY17 PVD Award

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2 Exhibit FY18 PVD Award

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3 Exhibit FY17 CF Award

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4 Exhibit FY18 Award

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Nov. 9, 2018 RECAP
16

NOTICE of Appearance by Daniel D. Mauler on behalf of All Defendants (Mauler, Daniel) (Entered: 11/28/2018)

Nov. 28, 2018 PACER
17

Amended STIPULATION And Proposed Order Extending Defendants Time To Respond To The Complaint, And Establishing Bifurcated Briefing Schedule filed by All Plaintiffs. (Attachments: # 1 Proposed Order)(DiSanto, Megan) (Entered: 11/29/2018)

1 Proposed Order

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Nov. 29, 2018 PACER
19

ORDER entering 17 Stipulation - So Ordered by District Judge John J. McConnell, Jr. on 11/30/2018. (Urizandi, Nisshy) (Entered: 11/30/2018)

Nov. 30, 2018 RECAP
18

ADMINISTRATIVE RECORD filed with respect to Fiscal Year 2017 Grants by Jefferson B. Sessions, III, United States Department of Justice NOTICE: In order to view this document, you must first log in using your CMECF Filer login.. (Attachments: # 1 Index to Administrative Record, # 2 Administrative Record- Part 1 of 3 (AR1-AR508), # 3 Administrative Record- Part 2 of 3 (AR509-AR616), # 4 Administrative Record- Part 3 of 3 (AR617-AR1037))(Cunha, Zachary) (Entered: 11/30/2018)

Nov. 30, 2018 PACER
20

MOTION for Partial Summary Judgment re: Counts I-V (FY 2017 Claims) filed by All Plaintiffs. Responses due by 1/4/2019. (Attachments: # 1 Supporting Memorandum, # 2 Statement of Undisputed Facts, # 3 Plaintiff's Exhibits)(DiSanto, Megan) (Entered: 12/21/2018)

1 Supporting Memorandum

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2 Statement of Undisputed Facts

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3 Plaintiff's Exhibits

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Dec. 21, 2018 PACER

SetDeadlines: Responses to 20 MOTION for Partial Summary Judgment re: Counts I-V (FY 2017 Claims) filed by City of Providence, City of Central Falls due by 1/31/2019. (Barletta, Barbara)

Jan. 2, 2019 PACER
21

MOTION to Stay in light of lapse in appropriations filed by Jefferson B. Sessions, III, United States Department of Justice. Responses due by 2/8/2019. (Cunha, Zachary) (Entered: 01/25/2019)

Jan. 25, 2019 PACER
22

MOTION for an Extension of Time to File Response/Reply - request to extend all filing deadlines with respect to briefiing on FY2017 claims by thirty days filed by Jefferson B. Sessions, III, United States Department of Justice. Responses due by 2/11/2019. (Cunha, Zachary) (Entered: 01/28/2019)

Jan. 28, 2019 PACER

TEXT ORDER denying as moot 21 Motion to Stay- So Ordered by District Judge John J. McConnell, Jr. on 1/28/2019 (Barletta, Barbara)

Jan. 28, 2019 PACER

TEXT ORDER granting 22 Motion for Extension of Time to File; Defendants shall file their opposition to 20 MOTION for Partial Summary Judgment re: Counts I-V (FY 2017 Claims) and any Motion to Dismiss/Motion for Summary Judgment on or before 3/2/19; Plaintiff municipalities shall file their opposition to defendants' motions and a reply in support of their Motion on or before 3/31/19 and on or before 5/1/19 defendants shall file any replies in support of their motions - So Ordered by District Judge John J. McConnell, Jr. on 1/29/2019 (Barletta, Barbara)

Jan. 29, 2019 PACER
25

STATEMENT OF DISPUTED FACTS - Defendants Response To Plaintiffs Statement Of Material Facts (Docket No. [20-2]) by Jefferson B. Sessions, III, United States Department of Justice re 20 MOTION for Partial Summary Judgment re: Counts I-V (FY 2017 Claims). (Cunha, Zachary) (Entered: 03/02/2019)

March 2, 2019 PACER
24

STATEMENT OF UNDISPUTED FACTS in support of Defendants' Motion For Partial Summary Judgment (Docket No. 23 ) by Jefferson B. Sessions, III, United States Department of Justice. (Cunha, Zachary) (Entered: 03/02/2019)

March 2, 2019 PACER
23

Cross MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, or in the alternative,, MOTION for Partial Summary Judgment with respect to Counts I through V of the Amended Complaint (FY2017 Claims), and Response in Opposition to Plaintiffs' Motion for Partial Summary Judgment (Docket No. 20 ) filed by Jefferson B. Sessions, III, United States Department of Justice. Responses due by 3/18/2019. (Attachments: # 1 Supporting Memorandum of law, # 2 Affidavit Declaration of Caridad Cephas-Kimbrough, Deputy Assistant Director, ICE Office of Enforcement and Removal Operations)(Cunha, Zachary) (Entered: 03/02/2019)

1 Supporting Memorandum of law

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2 Affidavit Declaration of Caridad Cephas-Kimbrough, Deputy Assistant Director, IC

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March 2, 2019 PACER

Order

March 5, 2019 PACER

TEXT ORDER: Pursuant to Fed. R. Civ. P. 25(d), United States Attorney General William Barr, in his official capacity as Attorney General of the United States, is substituted as a Defendant in this case in place of former U.S. Attorney General Jefferson B. Sessions, III.- So Ordered by District Judge John J. McConnell, Jr. on 3/5/2019 (Barletta, Barbara)

March 5, 2019 PACER
27

STATEMENT OF DISPUTED FACTS - Response to Defendants' Statement of Undisputed Facts by All Plaintiffs re 24 Statement of Undisputed Facts. (DiSanto, Megan) (Entered: 03/29/2019)

March 29, 2019 PACER
26

RESPONSE In Opposition to 23 Cross MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, or in the alternative, MOTION for Partial Summary Judgment with respect to Counts I through V of the Amended Complaint (FY2017 Claims), and Response in Opposition to Plaintiffs' Motion for Partial Summary Judgment (Docket No. 20 ) and REPLY MEMORANDUM in Further Support of Plaintiffs' Motion for Summary Judgment on FY2017 Claims filed by All Plaintiffs. Replies due by 4/5/2019. (Attachments: # 1 Supporting Memorandum)(DiSanto, Megan) (Entered: 03/29/2019)

1 Supporting Memorandum

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March 29, 2019 PACER
28

REPLY to Response re 26 Response to Motion,, Defendants Reply In Further Support Of Their Motion To Dismiss, Or, In The Alternative, For Partial Summary Judgment with respect to Counts I through V of the Amended Complaint (Docket No. 23 ), and in Reply to Plaintiffs' Opposition filed by William Barr, United States Department of Justice. (Cunha, Zachary) (Entered: 05/01/2019)

May 1, 2019 RECAP

Notice of Hearing on Motion

May 2, 2019 PACER

NOTICE of Hearing on Motion 23 Cross MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, or in the alternative, MOTION for Partial Summary Judgment with respect to Counts I through V of the Amended Complaint (FY2017 Claims), and Response in Opposition to Plaintiffs' Motion for Partial Summary Judgment (Docket No. 20 ), 20 MOTION for Partial Summary Judgment re: Counts I-V (FY 2017 Claims) : Motion Hearing set for Monday, 6/10/2019 at 02:00 PM in Courtroom 1 before District Judge John J. McConnell, Jr.(Barletta, Barbara)

May 2, 2019 PACER
29

ADMINISTRATIVE RECORD filed with respect to Fiscal Year 2018 Grants by William Barr, United States Department of Justice NOTICE: In order to view this document, you must first log in using your CMECF Filer login.. (Attachments: # 1 Exhibit Administrative Record, Part 1, # 2 Exhibit Administrative Record, Part 2, # 3 Exhibit Administrative Record, Part 3, # 4 Exhibit Administrative Record, Part 4, # 5 Exhibit Administrative Record, Part 5, # 6 Exhibit Administrative Record, Part 6)(Mauler, Daniel) (Entered: 05/30/2019)

May 30, 2019 PACER

Motion Hearing

June 10, 2019 PACER

Minute Entry for proceedings held before District Judge John J. McConnell, Jr.: Motion Hearing held on 6/10/2019 re 20 MOTION for Partial Summary Judgment re: Counts I-V (FY 2017 Claims) filed by City of Providence, City of Central Falls, 23 Cross MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, or in the alternative, MOTION for Partial Summary Judgment with respect to Counts I through V of the Amended Complaint (FY2017 Claims), and Response in Opposition to Plaintiffs' Motion for Partial Summary Judgment (Docket No. 20 ) filed by United States Department of Justice, Jefferson B. Sessions, III. Jeffrey Dana, Matthew Jerzyk, Megan DiSanto & Eti-Lee Schaub for Plaintiff. Daniel Mauler & Zachary Cunha for Defendant. Plaintiff & Defendant present argument to the Court. Court to issue a written order. Court adjourned. (Court Reporter Karen Wischnowsky in Courtroom 1 at 1:55 pm.) (McGuire, Vickie)

June 10, 2019 PACER
30

MEMORANDUM AND ORDER granting 20 Motion for Partial Summary Judgment; denying 23 Motion to Dismiss for Failure to State a Claim; denying 23 Motion for Partial Summary Judgment- So Ordered by District Judge John J. McConnell, Jr. on 6/10/2019. (Barletta, Barbara) (Entered: 06/10/2019)

June 10, 2019 RECAP
31

TRANSCRIPT ORDER for proceedings held on 6/10/2019 before Judge JJM. Ordinary Transcript delivery selected. Transcript to be delivered in 30 days.. (Cunha, Zachary) (Entered: 06/12/2019)

June 12, 2019 PACER
32

TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: 31 Transcript Order. Court Reporter/Transcriber: Karen Wischnowsky. (Dias, Jennifer) (Entered: 06/14/2019)

June 14, 2019 PACER
33

MOTION for Reconsideration re 30 Order on Motion for Partial Summary Judgment,, Order on Motion to Dismiss for failure to State a Claim,,, Defendants' unopposed Motion for Limited Reconsideration with respect to one aspect of the relief ordered by this Court, and submission of the parties' proposed language for a permanent injunction with respect to FY2017 Byrne JAG Grants filed by William Barr, United States Department of Justice. Responses due by 7/8/2019. (Attachments: # 1 - Proposed Order and Partial Judgment of Permanent Injunction With Respect to FY2017 Grants Reflecting the Joint Conferral of the Parties)(Cunha, Zachary) (Entered: 06/24/2019)

1 - Proposed Order and Partial Judgment of Permanent Injunction With Respect to F

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June 24, 2019 PACER
35

PARTIAL JUDGMENT OF INJUNCTION AND WRIT OF MANDAMUS - So Ordered by District Judge John J. McConnell, Jr. on 6/27/2019. (Barletta, Barbara) (Entered: 06/27/2019)

June 27, 2019 RECAP

Order on Motion for Reconsideration

June 27, 2019 PACER

TEXT ORDER granting 33 Motion for Reconsideration re 30 Memorandum and Order - So Ordered by District Judge John J. McConnell, Jr. on 6/27/2019. (Barletta, Barbara)

June 27, 2019 PACER
34

MOTION for Partial Summary Judgment re: Counts VI-X (FY 2018 Claims) filed by All Plaintiffs. Responses due by 7/11/2019. (Attachments: # 1 Supporting Memorandum, # 2 Statement of Undisputed Facts, # 3 Plaintiffs' Exhibits)(DiSanto, Megan) (Entered: 06/27/2019)

1 Supporting Memorandum

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2 Statement of Undisputed Facts

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3 Plaintiffs' Exhibits

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June 27, 2019 PACER

Set/Reset Deadlines

July 12, 2019 PACER

Order

July 12, 2019 PACER

Order on Motion for Partial Summary Judgment

July 12, 2019 PACER

SetDeadlines: Responses to 34 MOTION for Partial Summary Judgment due by 8/2/2019. (Barletta, Barbara)

July 12, 2019 PACER

TEXT ORDER: The 7/12/19 Text Order granting 34 Motion for Partial Summary Judgment is VACATED.- So Ordered by District Judge John J. McConnell, Jr. on 7/12/2019. (Barletta, Barbara) Modified on 7/12/2019 to correct typo(Barletta, Barbara).

July 12, 2019 PACER

TEXT ORDER: The Plaintiffs' Motion for Partial Summary Judgment 34 regarding the Fiscal Year 2018 claims (Counts VI-X) in Plaintiffs' Amended Complaint is GRANTED as unopposed. Judgment shall enter as a matter of law that the immigration-related conditions on FY 2018 Byrne JAG funding are in excess of statutory authority and unconstitutional.- So Ordered by District Judge John J. McConnell, Jr. on 7/12/2019. (Barletta, Barbara)

July 12, 2019 PACER
36

TRANSCRIPT of Hearing on Cross-Motions for Summary Judgment held on June 10, 2019, before Judge John J. McConnell, Jr. Court Reporter Karen Wischnowsky, Telephone number (401) 752-7045. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter or PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 8/5/2019. Redacted Transcript Deadline set for 8/15/2019. Release of Transcript Restriction set for 10/15/2019. (Wischnowsky, Karen) (Entered: 07/15/2019)

July 15, 2019 PACER
37

STIPULATION re 34 MOTION for Partial Summary Judgment re: Counts VI-X (FY 2018 Claims) -Stipulation and Proposed Order Re: Extension of Time and Revised Schedule for Remaining Briefing on FY2018 Claims filed by William Barr, United States Department of Justice. (Cunha, Zachary) (Entered: 08/01/2019)

Aug. 1, 2019 PACER

~Util - Set Deadlines

Aug. 2, 2019 PACER

Order

Aug. 2, 2019 PACER

TEXT ORDER entering 37 Stipulation to extend time; Reset Deadlines: ( Oppositions to 34 Motion for Partial Summary Judgment shall be filed 8/12/2019; any Partial Motion for Summary Judgment or Partial Motion to Dismiss shall be filed by 8/12/19; Plaintiffs' opposition to any Motion or reply in support of their motion shall be filed by 9/16/19 and Defendants' reply in support of any motion filed by them shall be filed on or before 10/16/19.) So Ordered by District Judge John J. McConnell, Jr. on 8/2/2019. (Barletta, Barbara)

Aug. 2, 2019 PACER
39

CLERK'S CERTIFICATE AND APPELLATE COVER SHEET: Abbreviated record on appeal consisting of notice of appeal, order(s) being appealed, and a certified copy of the district court docket report transmitted to the U.S. Court of Appeals for the First Circuit in accordance with 1st Cir. R. 11.0(b). 38 Notice of Appeal. (Attachments: # 1 Record on Appeal)(Potter, Carrie) (Entered: 08/09/2019)

1 Record on Appeal

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Aug. 9, 2019 PACER
38

NOTICE OF APPEAL by United States Department of Justice (No fee paid, USA, Waived by Statute, or IFP.) NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf/. Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf Appeal Record due by 8/16/2019. (Cunha, Zachary) (Entered: 08/09/2019)

Aug. 9, 2019 RECAP
42

STATEMENT OF DISPUTED FACTS - Defendants Response To Plaintiffs Statement Of Material Facts (Docket No. [34-2]) by All Defendants. (Mauler, Daniel) (Entered: 08/12/2019)

Aug. 12, 2019 PACER

USCA Case Number

Aug. 12, 2019 PACER
41

STATEMENT OF UNDISPUTED FACTS in support of Defendants' Motion For Partial Summary Judgment (Docket No. 40) by All Defendants. (Mauler, Daniel) (Entered: 08/12/2019)

Aug. 12, 2019 PACER
40

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the alternative, MOTION for Summary Judgment with respect to Counts VI-X (FY 2018 Claims) of the Amended Complaint, and Response in Opposition to Plaintiffs' Motion for Partial Summary Judgment (Docket No. 34 ) filed by All Defendants. Responses due by 8/26/2019. (Attachments: # 1 Supporting Memorandum Defendants Brief in Support of Motion To Dismiss or Summary Judgment, and in Opposition to Plaintiffs Motion for Partial Summary Judgment)(Mauler, Daniel) (Entered: 08/12/2019)

1 Supporting Memorandum Defendants Brief in Support of Motion To Dismiss or Summar

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Aug. 12, 2019 PACER

USCA Case Number 19-1802 for 38 Notice of Appeal filed by United States Department of Justice. (Simoncelli, Michael)

Aug. 12, 2019 PACER
44

STATEMENT OF DISPUTED FACTS - Response to Defendants' Statement of Undisputed Facts by All Plaintiffs re 41 Statement of Undisputed Facts. (DiSanto, Megan) (Entered: 09/13/2019)

Sept. 13, 2019 PACER
43

RESPONSE In Opposition to 40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the alternative MOTION for Summary Judgment with respect to Counts VI-X (FY 2018 Claims) of the Amended Complaint, and Response in Opposition to Plaintiffs' Motion for Partial Summary Judgment (Docket No. 34 ) and REPLY MEMORANDUM in Further Support of Plaintiffs' Motion for Summary Judgment on FY 2018 Claims filed by All Plaintiffs. Replies due by 9/20/2019. (Attachments: # 1 Supporting Memorandum)(DiSanto, Megan) (Entered: 09/13/2019)

1 Supporting Memorandum

View on PACER

Sept. 13, 2019 PACER
45

REPLY to Response re 43 Response to Motion,, filed by All Defendants. (Mauler, Daniel) (Entered: 10/16/2019)

Oct. 16, 2019 RECAP
46

NOTICE by City of Central Falls, City of Providence re 34 MOTION for Partial Summary Judgment re: Counts VI-X (FY 2018 Claims) of Recent Case Law (DiSanto, Megan) (Entered: 10/24/2019)

Oct. 24, 2019 RECAP
47

ORDER granting 34 Motion for Partial Summary Judgment; denying 40 Motion to Dismiss for Failure to State a Claim; denying 40 Motion for Summary Judgment- So Ordered by District Judge John J. McConnell, Jr. on 11/14/2019. (Barletta, Barbara) (Entered: 11/14/2019)

Nov. 14, 2019 RECAP
48

JUDGMENT OF INJUNCTION AND WRIT OF MANDAMUS in favor of City of Central Falls, City of Providence- So Ordered by Chief Judge John J. McConnell, Jr. on 1/10/2020. (Barletta, Barbara) (Entered: 01/10/2020)

Jan. 10, 2020 RECAP
50

CLERK'S CERTIFICATE AND APPELLATE COVER SHEET: Abbreviated record on appeal consisting of notice of appeal, order(s) being appealed, and a certified copy of the district court docket report transmitted to the U.S. Court of Appeals for the First Circuit in accordance with 1st Cir. R. 11.0(b). 49 Notice of Appeal. Documents Sent: 47, 48, 49. (Attachments: # 1 Record)(Hicks, Alyson) (Entered: 03/10/2020)

1 Record

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March 10, 2020 PACER
49

NOTICE OF APPEAL by United States Department of Justice (No fee paid, USA, Waived by Statute, or IFP.) NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf/. Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf Appeal Record due by 3/17/2020. (Mauler, Daniel) (Entered: 03/10/2020)

March 10, 2020 PACER

USCA Case Number

March 11, 2020 PACER

USCA Case Number 20-1296 for 49 Notice of Appeal filed by United States Department of Justice. (Farrell Pletcher, Paula)

March 11, 2020 PACER
52

MANDATE of the U.S. Court of Appeals for the First Circuit issued as to and in accordance with 51 Judgment of the U.S. Court of Appeals for the First Circuit: In accordance with the judgment of March 24, 2020, and pursuant to Federal Rule of Appellate Procedure 41(a), this constitutes the formal mandate of this Court. (Potter, Carrie) (Entered: 05/18/2020)

May 18, 2020 RECAP
51

JUDGMENT of the U.S. Court of Appeals for the First Circuit entered as to 38 Notice of Appeal filed by United States Department of Justice : This cause came on to be heard on appeal from the United States District Court for the District of Rhode Island and was argued by counsel. Upon consideration whereof, it is now here ordered, adjudged and decreed as follows: Thejudgment of the district court is affirmed. (Potter, Carrie) (Entered: 05/18/2020)

May 18, 2020 RECAP
54

MANDATE of the U.S. Court of Appeals for the First Circuit issued as to and in accordance with 53 Judgment of the U.S. Court of Appeals for the First Circuit (Hicks, Alyson) (Entered: 03/31/2021)

March 31, 2021 RECAP
53

JUDGMENT of the U.S. Court of Appeals for the First Circuit entered as to 49 Notice of Appeal filed by United States Department of Justice. Upon consideration of appellant's unopposed motion, it is hereby ordered that this appeal be voluntarily dismissed pursuant to Fed. R. App. P. 42(b). (Hicks, Alyson) (Entered: 03/31/2021)

March 31, 2021 RECAP

State / Territory: Rhode Island

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Aug. 9, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two Rhode Island cities.

Plaintiff Type(s):

City/County Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Justice, 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):

Federalism (including 10th Amendment)

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Litigation

Order Duration: 2019 - None

Issues

General:

Funding

Public assistance grants

Immigration/Border:

Sanctuary city/state

Undocumented immigrants - state and local regulation