Case: City of Chicago v. Sessions III

1:18-cv-06859 | U.S. District Court for the Northern District of Illinois

Filed Date: Oct. 12, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is a response to efforts by the Trump Administration to strip law enforcement funding from “sanctuary” cities and states unless their governments agree to participate in federal immigration enforcement. The City of Chicago previously sued the Department of Justice over these conditions in 2017; details of that ongoing case can be found here. The City of Chicago filed this lawsuit in the U.S. District Court for the Northern District of Illinois on October 12, 2018. The plaintiff, repre…

This case is a response to efforts by the Trump Administration to strip law enforcement funding from “sanctuary” cities and states unless their governments agree to participate in federal immigration enforcement. The City of Chicago previously sued the Department of Justice over these conditions in 2017; details of that ongoing case can be found here.

The City of Chicago filed this lawsuit in the U.S. District Court for the Northern District of Illinois on October 12, 2018. The plaintiff, represented by its Department of Law and private attorneys, sued the U.S. Attorney General under the Administrative Procedure Act (APA) (5 U.S.C. §§ 551 et seq.). The plaintiff claimed that immigration-related conditions imposed by the government on federal funding to the city were unauthorized by Congress, ultra vires, and in violation of principles of federalism. The plaintiff sought declaratory relief, as well as an injunction to prevent the government from imposing the conditions on the Edward Byrne Memorial Justice Assistance Grant (Byrne JAG) program, which provided support for Chicago law enforcement. The case was assigned to Judge Harry D. Leinenweber.

In its complaint, the plaintiff pointed out that this court had recently struck down many of the same conditions at issue here, referring to a permanent injunction that had been entered to prevent the conditions from being applied to Byrne JAG grants in the prior fiscal year. The plaintiff alleged that despite this injunction, the government was again attempting to impose unlawful immigration-related conditions on the Byrne JAG grants for fiscal year 2018. The plaintiff stated that three of the FY2018 conditions were materially identical to FY2017 conditions which had already been set aside by the court. These conditions required grant recipients to: give the federal government 48-hour notice prior to an arrestee’s release; give federal immigration officials unlimited access to local police stations and law enforcement facilities; and comply with 8 U.S.C. § 1373, which bars local governments from restricting their employees from sharing citizenship and immigration status information with federal immigration authorities. The plaintiff also alleged that the government added an additional unlawful condition for FY2018: requiring cities to certify compliance with 8 U.S.C. § 1644, meaning they would not publicly disclose federal law enforcement information in an attempt to conceal, harbor, or shield from detection fugitives from justice or undocumented immigrants.

The plaintiff filed an amended complaint on December 17, 2018, addressing the issue of Attorney General Sessions’s resignation, which occurred in November. The plaintiff alleged that Matthew Whitaker’s assumption of Sessions’s duties violated federal law and the Appointments Clause. Furthermore, the plaintiff alleged that since the city received an award letter for its FY2018 Byrne JAG grant shortly after Whitaker took over, Whitaker could not impose the challenged grant conditions on Chicago, because he could not lawfully exercise the powers of the Attorney General. The plaintiff later abandoned this claim because Whitaker was appointed by the President and confirmed by the Senate in February 2019.

The government filed a motion for partial dismissal on March 1, 2019, with regard to the plaintiff's claims not already covered by the district court's ruling in the 2017 case.

On April 3, 2019, Chicago filed a motion for partial summary judgment on its claims that the conditions imposed on FY2018 Byrne JAG awards were ultra vires, violated the separation of powers and the Spending Clause, and were contrary to law and arbitrary and capricious.

On September 19, 2019, Judge Leinenweber granted in part and denied in part both parties' motions. First, he held that Chicago had sufficiently alleged an injury-in-fact to establish standing. Next, he found that DOJ's proposed placement of these conditions was final agency action subject to judicial review, and that the Attorney General lacked statutory authority to place the conditions on the city's receipt of Byrne JAG funding; thus, the DOJ's imposition of the conditions violated the separation of powers and was ultra vires. He also held that § 1644 violated the Tenth Amendment because it prevented state or local government entities/officials from prohibiting disclosure of immigration statute to or from federal immigration authorities (he noted that § 1644's language was essentially identical to § 1373, which had been found unconstitutional in the 2017 case). Finally, he decided that a permanent injunction was warranted.

Judge Leinenweber noted that the district court's last injunction, in the 2017 litigation, was limited to the FY2017 Byrne JAG program in the hope that the DOJ would not reimpose its unlawful conditions. But, because the DOJ did impose the conditions again in FY2018, the Judge found it appropriate to enter a permanent injunction covering all future years of the Byrne JAG program. However, because the nationwide scope of the injunction in the 2017 case was currently stayed pending decision from the Seventh Circuit, the Judge stayed the nationwide scope of the injunction in this case, pending the outcome of that appeal. 405 F.Supp.3d 748.

On November 18, 2019, the government filed an appeal to the Seventh Circuit (docket no. 19-3290).

On November 20, 2019, the Seventh Circuit consolidated the appeal of the injunction in this case with the appeal of the injunction in the 2017 case, City of Chicago v. Sessions.

On March 6, 2020, Chicago filed a motion for attorney fees with the district court.

On April 30, 2020, the Seventh Circuit affirmed Judge Leinenweber's grant of injunctive relief to Chicago and extended it nationwide. The Court found that while the executive branch has significant powers in the realm of immigration, it does not have Congress' power of the purse and thus cannot withhold Byrne JAG grants in order to force Chicago to alter its behavior. The Court affirmed the district court's grants of declaratory relief to Chicago, finding that the Attorney General exceeded the authority delegated to him by Congress in imposing the challenged conditions to the FY2017 and FY2018 grants, and that the Attorney General's decision to impose the conditions in both years violated the separation of powers.

The Court found it unnecessary to reach the constitutionality of § 1373 under the anti-commandeering doctrine. The government had relied on language in 34 U.S.C. § 10153 to support its imposition of the compliance condition. § 10153 stated that in a request for a grant, the application shall include a certification that the applicant "will comply with all provisions of this part and all other applicable Federal laws." The government had argued that the reference to "all other applicable Federal laws" allowed it to require that applicants certify compliance with § 1373. However, the Seventh Circuit disagreed with this interpretation and instead found that the phrase could not be construed so broadly as to encompass all federal laws that applied to states or localities, including federal immigration statutes.

The Court also held that a nationwide injunction was proper due to the interconnected nature of applicants for the Byrne JAG grants. In order for the grant amounts to be properly calculated for Chicago, the Court held that the unlawful conditions could not be imposed elsewhere. Finally, the Court remanded for the district court to determine whether any other injunctive relief was appropriate in light of its determination that § 10153 could not be used to incorporate laws unrelated to the grants or grantees. 957 F.3d 772.

The case is ongoing.

Summary Authors

Sam Kulhanek (5/14/2020)

Related Cases

City of Chicago v. Sessions, Northern District of Illinois (2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/8020598/parties/the-city-of-chicago-v-william-p-barr/


Judge(s)

Bucklo, Elaine E. (Illinois)

Leinenweber, Harry Daniel (Illinois)

Manion, Daniel Anthony (Indiana)

Rovner, Ilana Kara Diamond (Illinois)

Attorneys(s) for Plaintiff

Adegbile, Debo Patrick (New York)

Baxenberg, Justin (District of Columbia)

Chaiken, Tal (Illinois)

Crowl, Matthew Charles (Illinois)

Evans, Ari (District of Columbia)

Gorelick, Jamie S. (District of Columbia)

Judge(s)

Bucklo, Elaine E. (Illinois)

Leinenweber, Harry Daniel (Illinois)

Manion, Daniel Anthony (Indiana)

Rovner, Ilana Kara Diamond (Illinois)

Attorneys(s) for Plaintiff

Adegbile, Debo Patrick (New York)

Baxenberg, Justin (District of Columbia)

Chaiken, Tal (Illinois)

Crowl, Matthew Charles (Illinois)

Evans, Ari (District of Columbia)

Gorelick, Jamie S. (District of Columbia)

Holtzblatt, Ari (District of Columbia)

Houppert, Justin Anthony (Illinois)

Jennings, Molly (District of Columbia)

Kahlon, Harnaik Singh (Illinois)

Kleinman, Laura A. (Illinois)

Ogden, David W. (District of Columbia)

Safer, Ronald S. (Illinois)

Savitzky, Ari J. (District of Columbia)

Siskel, Edward N. (Illinois)

Spears, Scott D. (Illinois)

Worseck, Andrew W (Illinois)

Attorneys(s) for Defendant

Chicago, AUSA (Illinois)

Kinkead, Darren Bernens (Illinois)

Mauler, Daniel (District of Columbia)

Roberts, Charles E.T. (District of Columbia)

Rosenberg, Brad P. (District of Columbia)

Simpson, W. Scott (District of Columbia)

Other Attorney(s)

VanDam, Jeff (Illinois)

Documents in the Clearinghouse

Document

1:18-cv-06859

Docket [PACER]

The City of Chicago v. Barr

April 28, 2020

April 28, 2020

Docket
1

1:18-cv-06859

Complaint

The City of Chicago v. Sessions III

Oct. 12, 2018

Oct. 12, 2018

Complaint
34

1:18-cv-06859

Amended Complaint

Dec. 17, 2018

Dec. 17, 2018

Complaint
80

1:18-cv-06859

Memorandum Opinion and Order

405 F.Supp.3d 748

Sept. 19, 2019

Sept. 19, 2019

Order/Opinion

18-02885

19-03290

Opinion

Chicago v. Barr

U. S. Court of Appeals for the Seventh Circuit

957 F.3d 772

April 30, 2020

April 30, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8020598/the-city-of-chicago-v-william-p-barr/

Last updated Aug. 15, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link

SUMMONS Issued as to Jefferson Beauregard Sessions III, and U.S. Attorney(pj, )

Oct. 12, 2018

Oct. 12, 2018

PACER
17

ATTORNEY Appearance for Plaintiff The City of Chicago by Scott Douglas Spears (Spears, Scott) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER
16

ATTORNEY Appearance for Plaintiff The City of Chicago by Laura A Kleinman (Kleinman, Laura) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER
15

ATTORNEY Appearance for Plaintiff The City of Chicago by Harnaik Singh Kahlon (Kahlon, Harnaik) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER
14

ATTORNEY Appearance for Plaintiff The City of Chicago by Matthew Charles Crowl (Crowl, Matthew) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER
13

ATTORNEY Appearance for Plaintiff The City of Chicago by Ronald S. Safer (Safer, Ronald) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER
12

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15054641. (Jennings, Molly) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER
11

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15054481. (Savitzky, Ari) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER
10

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15054436. (Holtzblatt, Ari) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER
9

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15054293. (Adegbile, Debo) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER
8

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15054037. (Gorelick, Jamie) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER
7

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15053933. (Ogden, David) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER

CASE ASSIGNED to the Honorable Elaine E. Bucklo. Designated as Magistrate Judge the Honorable Maria Valdez. (pj, )

Oct. 12, 2018

Oct. 12, 2018

PACER
6

ATTORNEY Appearance for Plaintiff The City of Chicago by Justin Anthony Houppert (Houppert, Justin) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER
5

ATTORNEY Appearance for Plaintiff The City of Chicago by Edward N Siskel (Siskel, Edward) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER
4

CIVIL Cover Sheet (Siskel, Edward) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER
3

NOTICE by The City of Chicago of Claims of Unconstitutionality (Siskel, Edward) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER
2

CIVIL Cover Sheet (Siskel, Edward) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER
1

COMPLAINT filed by The City of Chicago; Filing fee $ 400, receipt number 0752-15052376. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Siskel, Edward) (Entered: 10/12/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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Oct. 12, 2018

Oct. 12, 2018

RECAP
19

ATTORNEY Appearance for Plaintiff The City of Chicago by Andrew W Worseck (Worseck, Andrew) (Entered: 10/15/2018)

Oct. 15, 2018

Oct. 15, 2018

PACER
18

MINUTE entry before the Honorable Elaine E. Bucklo: Application to appear pro hac vice of Brian David Ogden 7 ; Jamie Gorelick 8, Debo Adegbile 9, Ari Holtzblatt 10 ; Ari Savitzky 11 and Molly Jennings 12 as counsel for Plaintiff, The City of Chicago are granted. Mailed notice. (mgh, ) (Entered: 10/15/2018)

Oct. 15, 2018

Oct. 15, 2018

PACER
22

AFFIDAVIT of Service filed by Plaintiff The City of Chicago regarding Summons in a Civil Action ; Complaint; Exhibits served on Jamia Williams, Mail Clerk & Authorized Agent on October 15, 2018 (Crowl, Matthew) (Entered: 10/16/2018)

Oct. 16, 2018

Oct. 16, 2018

PACER
21

MINUTE entry before the Honorable Elaine E. Bucklo:Minute entry dated 10/15/2018, docket no. 18 is amended to correct the spelling of Plaintiff's counsel's name, David W. Ogden. Order stand in all other respects.Mailed notice. (mgh, ) (Entered: 10/16/2018)

Oct. 16, 2018

Oct. 16, 2018

PACER
20

ATTORNEY Appearance for Plaintiff The City of Chicago by Tal Cohen Chaiken (Chaiken, Tal) (Entered: 10/16/2018)

Oct. 16, 2018

Oct. 16, 2018

PACER
26

REQUEST for Clerk of Court to refund filing fee in the amount of $150.00, receipt no. 0752-15054110, (Adegbile, Debo) (Entered: 10/17/2018)

Oct. 17, 2018

Oct. 17, 2018

PACER
25

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15073255. (Evans, Ari) (Entered: 10/17/2018)

Oct. 17, 2018

Oct. 17, 2018

PACER
24

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15072977. (Baxenberg, Justin) (Entered: 10/17/2018)

Oct. 17, 2018

Oct. 17, 2018

PACER
23

MINUTE entry before the Honorable Elaine E. Bucklo: Scheduling conference set for 1/10/2019 at 9:30 a.m. Parties' Rule 26(f) planning report due 1/7/2019. The form of the report can be found on Judge Bucklo's page at www.ilnd.uscourts.gov. Mailed notice. (mgh, ) (Entered: 10/17/2018)

Oct. 17, 2018

Oct. 17, 2018

PACER
27

MINUTE entry before the Honorable Elaine E. Bucklo: Motions to appear pro hac vice 24 and 25 are granted. Mailed notice (reg) (Entered: 10/19/2018)

Oct. 19, 2018

Oct. 19, 2018

PACER
28

EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Harry D. Leinenweber for all further proceedings. Honorable Elaine E. Bucklo no longer assigned to the case. Signed by Executive Committee on 10/31/2018. (mma, ) (Entered: 11/01/2018)

Oct. 31, 2018

Oct. 31, 2018

PACER
29

MINUTE entry before the Honorable Elaine E. Bucklo: In light of the reassignment the Scheduling Conference previously set before Judge Bucklo for 1/10/2019 is stricken. Mailed notice. (mgh, ) (Entered: 11/02/2018)

Nov. 2, 2018

Nov. 2, 2018

PACER
32

NOTICE of Motion by Brad P. Rosenberg for presentment of motion for miscellaneous relief,, motion for extension of time to file answer, 31 before Honorable Harry D. Leinenweber on 12/11/2018 at 09:30 AM. (Rosenberg, Brad) (Entered: 12/07/2018)

Dec. 7, 2018

Dec. 7, 2018

PACER
31

MOTION by Defendant Jefferson Beauregard Sessions IIIConsent Motion to Stay Response to the Complaint and to Set Deadline to Respond to the Forthcoming Amended Complaint, MOTION by Defendant Jefferson Beauregard Sessions III for extension of time to file answer (Attachments: # 1 Text of Proposed Order)(Rosenberg, Brad) (Entered: 12/07/2018)

1 Text of Proposed Order

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Dec. 7, 2018

Dec. 7, 2018

PACER
30

ATTORNEY Appearance for Defendant Jefferson Beauregard Sessions III by Brad P. Rosenberg (Rosenberg, Brad) (Entered: 12/07/2018)

Dec. 7, 2018

Dec. 7, 2018

PACER
33

MINUTE entry before the Honorable Harry D. Leinenweber: Consent motion to stay and to set a response date to the amended complaint 31 is granted. Amended complaint to be filed by 12/17/18, response by 1/18/19. Status hearing set for 1/29/19 at 9:00 a.m. Mailed notice(maf) (Entered: 12/10/2018)

Dec. 10, 2018

Dec. 10, 2018

PACER
35

NOTICE by The City of Chicago of Claims of Unconstitutionality (Siskel, Edward) (Entered: 12/17/2018)

Dec. 17, 2018

Dec. 17, 2018

PACER
34

AMENDED complaint by The City of Chicago against Jefferson Beauregard Sessions III, Attorney General of the United States (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Siskel, Edward) (Entered: 12/17/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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Dec. 17, 2018

Dec. 17, 2018

RECAP
36

GENERAL ORDER 18-0028 dated 12/26/18: IT IS HEREBY ORDERED, effective December 26, 2018, that all civil litigation involving as a party the United States of America, is immediately suspended, postponed and held in abeyance continuing for a period of fourteen (14) days from the date of entry of this General Order (For Further Details See Attached Order). Signed by the Honorable Ruben Castillo on 12/26/2018: Mailed notice. (sm, ) (Entered: 12/30/2018)

Dec. 26, 2018

Dec. 26, 2018

PACER
37

AMENDED GENERAL ORDER 18-0028 dated 01/08/2019: On December 26, 2018, General Order 18-0028 was entered. It appearing that the lapse of congressional appropriations funding the federal government continues, therefore General Order 18-0028 is now amended. (For Further Details See Attached Order). Signed by the Honorable Ruben Castillo on 1/8/2019: Mailed notice. (sm, ) (Entered: 01/08/2019)

Jan. 8, 2019

Jan. 8, 2019

PACER
38

MINUTE entry before the Honorable Harry D. Leinenweber: Status hearing set for 1/29/19 is re-set to 3/20/19 at 9:00 a.m. Mailed notice(maf) (Entered: 01/23/2019)

Jan. 23, 2019

Jan. 23, 2019

PACER
39

GENERAL ORDER 19-0004: RESETTING OF DEADLINES IN CIVIL MATTERS INVOLVING THE UNITED STATES AS A PARTY. IT APPEARING THAT as a result of the partial federal government shutdown, this Court amended General Order 18-0028 suspending as of December 21, 2018, all civil litigation in which the United States of America, its agencies, its officers, or employees were parties, with the stated intention of clarifying schedules in such cases upon the expiration of the lapse in appropriations; and IT FURTHER APPEARING THAT appropriations having been restored to fund the Department of Justice and other Executive Branch agencies, with employees beginning to report for work beginning on January 28, 2019; accordingly IT IS THEREFORE ORDERED that the stay entered by General Order 18-0028 is hereby lifted, and any and all deadlines in the affected civil litigation (whether established by order, rule, or agreement.), including but not limited to any scheduled discovery and pleading dates, are extended by 42 days. (For Further Details See Attached Order). Signed by the Honorable Ruben Castillo on 1/28/2019: Mailed notice. (mgw, ) (Entered: 01/28/2019)

Jan. 28, 2019

Jan. 28, 2019

PACER
40

WITHDRAWING Brad P. Rosenberg as counsel for Defendants Attorney General of the United States, William P. Barr and substituting W. Scott Simpson as counsel of record (Simpson, W.) (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

PACER
41

NOTICE by Attorney General of the United States, William P. Barr Notice of Filing of Administrative Record (Attachments: # 1 Administrative Record, Part 1, # 2 Administrative Record, Part 2, # 3 Administrative Record, Part 3, # 4 Administrative Record, Part 4, # 5 Administrative Record, Part 5, # 6 Administrative Record, Part 6)(Simpson, W.) (Entered: 02/28/2019)

1 Administrative Record, Part 1

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2 Administrative Record, Part 2

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3 Administrative Record, Part 3

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4 Administrative Record, Part 4

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5 Administrative Record, Part 5

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6 Administrative Record, Part 6

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Feb. 28, 2019

Feb. 28, 2019

PACER
45

MOTION by Defendants Attorney General of the United States, William P. Barr for leave to file excess pages (Simpson, W.) (Entered: 03/01/2019)

March 1, 2019

March 1, 2019

PACER
44

MEMORANDUM by Attorney General of the United States, William P. Barr in support of Motion to Dismiss for Failure to State a Claim,, motion to dismiss/lack of jurisdiction, 42 (Attachments: # 1 Defendant's Request for Judicial Notice)(Simpson, W.) (Entered: 03/01/2019)

1 Defendant's Request for Judicial Notice

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March 1, 2019

March 1, 2019

PACER
43

NOTICE of Motion by W. Scott Simpson for presentment of Motion to Dismiss for Failure to State a Claim,, motion to dismiss/lack of jurisdiction, 42 before Honorable Harry D. Leinenweber on 3/19/2019 at 09:30 AM. (Simpson, W.) (Entered: 03/01/2019)

March 1, 2019

March 1, 2019

PACER
42

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants William P. Barr, Attorney General of the United States, MOTION by Defendants William P. Barr, Attorney General of the United States to dismiss for lack of jurisdiction (Simpson, W.) (Entered: 03/01/2019)

March 1, 2019

March 1, 2019

RECAP
46

MINUTE entry before the Honorable Harry D. Leinenweber: Motion for leave to file excess pages 45 is granted. Mailed notice(maf) (Entered: 03/04/2019)

March 4, 2019

March 4, 2019

PACER
47

MINUTE entry before the Honorable Harry D. Leinenweber: Defendants' motion to dismiss 42 is entered and briefed as follows: response by 4/3/19, reply by 4/10/19. Status hearing set for 3/20/19 is vacated. Status hearing/ruling is set for 5/22/19 at 9:00 a.m. Mailed notice(maf) (Entered: 03/06/2019)

March 6, 2019

March 6, 2019

PACER
56

MOTION by Plaintiff The City of Chicago for leave to file excess pages (Siskel, Edward) (Entered: 04/03/2019)

April 3, 2019

April 3, 2019

PACER
55

DECLARATION of Ari Holtzblatt regarding motion for partial summary judgment 48 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P)(Holtzblatt, Ari) (Entered: 04/03/2019)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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April 3, 2019

April 3, 2019

PACER
54

DECLARATION of Lieutenant Kevin R. Hannigan regarding motion for partial summary judgment 48 (Siskel, Edward) (Entered: 04/03/2019)

April 3, 2019

April 3, 2019

PACER
53

DECLARATION of Larry Sachs regarding motion for partial summary judgment 48 (Siskel, Edward) (Entered: 04/03/2019)

April 3, 2019

April 3, 2019

PACER
52

Request for Judicial Notice by The City of Chicago in Support of Motion for Partial Summary Judgment and Opposition to Defendant's Motion to Dismiss (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Siskel, Edward) (Entered: 04/03/2019)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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April 3, 2019

April 3, 2019

PACER
51

RULE 56.1 Statement by The City of Chicago regarding motion for partial summary judgment 48 (Siskel, Edward) (Entered: 04/03/2019)

April 3, 2019

April 3, 2019

PACER
50

MEMORANDUM motion for partial summary judgment 48, Motion to Dismiss for Failure to State a Claim,, motion to dismiss/lack of jurisdiction, 42 by The City of Chicago Combined Opposition to Defendant's Motion to Dismiss and Memorandum in Support of Chicago's Cross-Motion for Partial Summary Judgment (Siskel, Edward) (Entered: 04/03/2019)

April 3, 2019

April 3, 2019

RECAP
49

NOTICE of Motion by Edward N Siskel for presentment of motion for partial summary judgment 48 before Honorable Harry D. Leinenweber on 4/9/2019 at 09:30 AM. (Siskel, Edward) (Entered: 04/03/2019)

April 3, 2019

April 3, 2019

PACER
48

MOTION by Plaintiff The City of Chicago for partial summary judgment (Siskel, Edward) (Entered: 04/03/2019)

April 3, 2019

April 3, 2019

PACER
57

MINUTE entry before the Honorable Harry D. Leinenweber: Unopposed motion for leave to file a brief in excess pages 56 is granted. Mailed notice(maf) (Entered: 04/04/2019)

April 4, 2019

April 4, 2019

PACER
59

MINUTE entry before the Honorable Harry D. Leinenweber: The Government shall file its response to Plaintiff's motion for partial summary judgment 48 and its reply to the Government's motion to dismiss 42 on or before 5/3/19. Plaintiff shall file its reply in support of Plaintiff's motion for partial summary judgment on or before 5/31/19. Status hearing/ruling date set for 5/22/19 is re-set to 8/1/19 at 9:00 a.m. Mailed notice (maf) (Entered: 04/10/2019)

April 9, 2019

April 9, 2019

PACER
58

STIPULATION regarding memorandum, 50 and Proposed Order on Briefing Schedule (Simpson, W.) (Entered: 04/09/2019)

April 9, 2019

April 9, 2019

PACER
60

WITHDRAWING W. Scott Simpson as counsel for Defendants Attorney General of the United States, William P. Barr, Jefferson Beauregard Sessions III and substituting Daniel Duane Mauler as counsel of record (Mauler, Daniel) (Entered: 04/18/2019)

April 18, 2019

April 18, 2019

PACER
62

RULE 56 Response to Plaintiff's LR 56.1 Statement Statement (Mauler, Daniel) (Entered: 05/03/2019)

May 3, 2019

May 3, 2019

PACER
61

REPLY by Defendants Attorney General of the United States, William P. Barr, Jefferson Beauregard Sessions III to Motion to Dismiss for Failure to State a Claim,, motion to dismiss/lack of jurisdiction, 42 and Opposition to Plaintiff's Cross-Motion for Partial Summary Judgment (ECF No. 48) (Mauler, Daniel) (Entered: 05/03/2019)

May 3, 2019

May 3, 2019

RECAP
63

MOTION by Attorney Laura Kleinman to withdraw as attorney for The City of Chicago. No party information provided (Kleinman, Laura) (Entered: 05/24/2019)

May 24, 2019

May 24, 2019

PACER
65

MINUTE entry before the Honorable Harry D. Leinenweber: Motion to withdraw as attorney 63 is granted. Status hearing/ruling set for 8/1/19 is re-set to 8/22/19 at 9:00 a.m. Mailed notice(maf) (Entered: 05/31/2019)

May 31, 2019

May 31, 2019

PACER
64

REPLY by Plaintiff The City of Chicago to motion for partial summary judgment 48 (Worseck, Andrew) (Entered: 05/31/2019)

May 31, 2019

May 31, 2019

PACER
69

ATTORNEY Appearance for Movant State Of Illinois by Darren Bernens Kinkead (Kinkead, Darren) (Entered: 06/03/2019)

June 3, 2019

June 3, 2019

PACER
68

ATTORNEY Appearance for Movant State Of Illinois by Jeffrey J Vandam (Vandam, Jeffrey) (Entered: 06/03/2019)

June 3, 2019

June 3, 2019

PACER
67

NOTICE of Motion by Jeffrey J Vandam for presentment of motion to reassign case 66 before Honorable Harry D. Leinenweber on 6/11/2019 at 09:30 AM. (Vandam, Jeffrey) (Entered: 06/03/2019)

June 3, 2019

June 3, 2019

PACER
66

MOTION by Movant State Of Illinois to reassign case (Unopposed) (Attachments: # 1 Exhibit 1)(Vandam, Jeffrey) (Entered: 06/03/2019)

1 Exhibit 1

View on PACER

June 3, 2019

June 3, 2019

PACER
70

MINUTE entry before the Honorable Harry D. Leinenweber: Unopposed motion to reassign case 66 is granted. Mailed notice(maf) (Entered: 06/04/2019)

June 4, 2019

June 4, 2019

PACER
71

MOTION by Attorney Edward N. Siskel to withdraw as attorney for The City of Chicago. No party information provided (Houppert, Justin) (Entered: 06/12/2019)

June 12, 2019

June 12, 2019

PACER
72

NOTICE of Motion by Justin Anthony Houppert for presentment of motion to withdraw as attorney 71 before Honorable Harry D. Leinenweber on 6/18/2019 at 09:30 AM. (Attachments: # 1 Motion to Withdraw Attorney Appearance of Edward N. Siskel)(Houppert, Justin) (Entered: 07/15/2019)

1 Motion to Withdraw Attorney Appearance of Edward N. Siskel

View on PACER

July 15, 2019

July 15, 2019

PACER
73

AMENDED NOTICE of Motion by Justin Anthony Houppert for presentment of motion to withdraw as attorney 71 before Honorable Harry D. Leinenweber on 7/18/2019 at 09:30 AM. (Houppert, Justin) (Entered: 07/16/2019)

July 16, 2019

July 16, 2019

PACER
74

MINUTE entry before the Honorable Harry D. Leinenweber: Motion to withdraw as attorney 71 is granted. Mailed notice(maf) (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

PACER
76

NOTICE of Motion by Andrew W Worseck for presentment of motion for miscellaneous relief 75 before Honorable Harry D. Leinenweber on 8/6/2019 at 09:30 AM. (Worseck, Andrew) (Entered: 08/01/2019)

Aug. 1, 2019

Aug. 1, 2019

PACER
75

MOTION by Plaintiff The City of Chicago for Leave to Cite Supplemental Authority (Attachments: # 1 Exhibit 1)(Worseck, Andrew) (Entered: 08/01/2019)

1 Exhibit 1

View on PACER

Aug. 1, 2019

Aug. 1, 2019

RECAP
77

RESPONSE by Attorney General of the United States, William P. Barr to MOTION by Plaintiff The City of Chicago for Leave to Cite Supplemental Authority 75 (Mauler, Daniel) (Entered: 08/05/2019)

Aug. 5, 2019

Aug. 5, 2019

RECAP
78

MINUTE entry before the Honorable Harry D. Leinenweber: Ruling on motion hearing held. MOTION for Leave to Cite Supplemental Authority 75 is granted. Mailed notice(maf) (Entered: 08/06/2019)

Aug. 6, 2019

Aug. 6, 2019

RECAP
79

MINUTE entry before the Honorable Harry D. Leinenweber: Status hearing/ruling set for 8/22/19 is vacated and no appearance is needed. The Court will rule by mail. Mailed notice(maf) (Entered: 08/12/2019)

Aug. 12, 2019

Aug. 12, 2019

PACER
80

MEMORANDUM Opinion and Order. For the reasons stated herein, the Attorney General's Motion to Dismiss 42 is granted in part and denied in part. Chicago's Motion for Summary Judgment 48 is granted in part and denied in part. The Court grants Chicago's Motion for Summary Judgment on Counts I, II, and IV. The Court grants the Attorney General's Motion to Dismiss Count VIII with prejudice. Counts III, V, and VII are dismissed as moot. Count VI remains pending in this case. Status hearing set for 10/1/19 at 9:00 a.m., at which time Chicago shall advise the Court of how it intends to proceed with Count VI, and the parties will discuss the final judgment and order in this case. Signed by the Honorable Harry D. Leinenweber on 9/19/2019: Mailed notice(maf) (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

RECAP
82

NOTICE of Motion by Tal Cohen Chaiken for presentment of motion to withdraw as attorney 81 before Honorable Harry D. Leinenweber on 10/1/2019 at 09:30 AM. (Chaiken, Tal) (Entered: 09/25/2019)

Sept. 25, 2019

Sept. 25, 2019

PACER
81

MOTION by Attorney Tal C. Chaiken to withdraw as attorney for The City of Chicago. No party information provided (Chaiken, Tal) (Entered: 09/25/2019)

Sept. 25, 2019

Sept. 25, 2019

RECAP
83

MINUTE entry before the Honorable Harry D. Leinenweber: MOTION by Attorney Tal C. Chaiken to withdraw as attorney for The City of Chicago 81 is granted. Mailed notice(maf) (Entered: 09/26/2019)

Sept. 26, 2019

Sept. 26, 2019

PACER
84

MINUTE entry before the Honorable Harry D. Leinenweber: Status hearing held. The parties have advised the Court that they agree to dismiss Count VI without prejudice. Accordingly, Count VI is dismissed without prejudice. Parties have until 10/8/19 to submit either an agreed final order or competing final orders for the Court to consider. Parties are advised that their final order should follow the structure of the final order recently entered in Evanston et al v. Barr, No. 18-cv-4853 (Dkt. No. 94). The Court will set a briefing schedule for Plaintiffs fee petition once it enters a final judgment.Mailed notice(maf) (Entered: 10/01/2019)

Oct. 1, 2019

Oct. 1, 2019

PACER
85

STATEMENT by The City of Chicago Concerning Agreed Final Order (Attachments: # 1 Agreed Final Order)(Worseck, Andrew) (Entered: 10/08/2019)

1 Agreed Final Order

View on PACER

Oct. 8, 2019

Oct. 8, 2019

PACER
86

ORDER: Enter Final Judgment and Order. Signed by the Honorable Harry D. Leinenweber on 10/10/2019:Mailed notice(maf) (Entered: 10/10/2019)

Oct. 10, 2019

Oct. 10, 2019

RECAP
87

NOTICE of appeal by Attorney General of the United States, William P. Barr, Jefferson Beauregard Sessions III regarding orders 86 Receipt number: y (Mauler, Daniel) (Entered: 11/18/2019)

Nov. 18, 2019

Nov. 18, 2019

PACER
90

ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal 87 ; USCA Case No. 19-3290 (mc, ) (Entered: 11/19/2019)

Nov. 19, 2019

Nov. 19, 2019

PACER
89

TRANSMITTED to the 7th Circuit the short record on notice of appeal 87 . Notified counsel (mc, ) (Entered: 11/19/2019)

Nov. 19, 2019

Nov. 19, 2019

RECAP
88

NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal 87 (mc, ) (Entered: 11/19/2019)

Nov. 19, 2019

Nov. 19, 2019

PACER
92

NOTICE of Motion by Justin Anthony Houppert for presentment of extension of time 91 before Honorable Harry D. Leinenweber on 12/24/2019 at 09:30 AM. (Houppert, Justin) (Entered: 12/18/2019)

Dec. 18, 2019

Dec. 18, 2019

PACER
91

MOTION by Plaintiff The City of Chicago for extension of time to prepare joint statement and file motion for attorney's fees and expenses (joint) (Houppert, Justin) (Entered: 12/18/2019)

Dec. 18, 2019

Dec. 18, 2019

PACER
93

MINUTE entry before the Honorable Harry D. Leinenweber: Joint motion for an extension of time to 2/21/20 to prepare joint statement and file motion for attorney's fees and expenses is granted 91 . Mailed notice(maf) (Entered: 12/19/2019)

Dec. 19, 2019

Dec. 19, 2019

PACER
95

NOTICE of Motion by Justin Anthony Houppert for presentment of extension of time 94 before Honorable Harry D. Leinenweber on 2/19/2020 at 09:30 AM. (Houppert, Justin) (Entered: 02/07/2020)

Feb. 7, 2020

Feb. 7, 2020

PACER
94

MOTION by Plaintiff The City of Chicago for extension of time for briefing schedule and for enlargement of page limit (joint) (Houppert, Justin) (Entered: 02/07/2020)

Feb. 7, 2020

Feb. 7, 2020

PACER
96

WITHDRAWING Daniel D. Mauler as counsel for Defendants Attorney General of the United States, William P. Barr and substituting Charles E.T. Roberts as counsel of record (Roberts, Charles) (Entered: 02/10/2020)

Feb. 10, 2020

Feb. 10, 2020

PACER
97

MINUTE entry before the Honorable Harry D. Leinenweber: Joint motion for extension of time 94 is granted as follows: Deadline to file Chicago's fee motion is extended until March 6, 2020, with any opposition from the Attorney General to be filed by April 6, 2020, and Chicago's reply due on April 27, 2020. The enlargement of the page limit is granted to 20 pages for both Chicago's opening brief in support of its fee motion and the Attorney General's opposition, and Chicago is permitted the standard 15 pages for its reply. The Court will rule by mail. Mailed notice (maf) (Entered: 02/11/2020)

Feb. 11, 2020

Feb. 11, 2020

PACER
98

MOTION by Attorney Ari J. Savitzky to withdraw as attorney for The City of Chicago. No party information provided (Holtzblatt, Ari) (Entered: 03/02/2020)

March 2, 2020

March 2, 2020

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 12, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The City of Chicago

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 (Washington, D.C. ), Federal

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

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

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

Mandamus, 28 U.S.C. § 1361

All Writs Act, 28 U.S.C. § 1651

Ex parte Young (federal or state officials)

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

Source of Relief:

Litigation

Order Duration: 2019 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Funding

Immigration/Border:

Sanctuary city/state

Undocumented immigrants - state and local regulation