Case: Oregon v. Trump

6:18-cv-01959 | U.S. District Court for the District of Oregon

Filed Date: Nov. 9, 2018

Case Ongoing

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Case Summary

This case is a response to efforts by the Trump administration to strip law enforcement funding from “sanctuary” cities and states. The State of Oregon and the City of Portland filed this lawsuit in the U.S. District Court for the District of Oregon on November 9, 2018. Represented by the Oregon Attorney General and the Portland City Attorney’s Office, they sued President Trump and the U.S. Attorney General under the United States Constitution and the Declaratory Judgment Act. They claimed that…

This case is a response to efforts by the Trump administration to strip law enforcement funding from “sanctuary” cities and states.

The State of Oregon and the City of Portland filed this lawsuit in the U.S. District Court for the District of Oregon on November 9, 2018. Represented by the Oregon Attorney General and the Portland City Attorney’s Office, they sued President Trump and the U.S. Attorney General under the United States Constitution and the Declaratory Judgment Act. They claimed that immigration-related conditions on federal funding for law enforcement violated the Spending Clause and the Tenth Amendment. They sought declaratory relief, a writ of mandamus, and an injunction, prohibiting the federal government from imposing immigration-related conditions on the Edward Byrne Memorial Justice Assistance Grant (Byrne JAG) program, which provides support for local law enforcement. The case was assigned to Judge Michael McShane.

The plaintiffs stated that they were unlawfully deprived of more than $2 million of federal funding for fiscal year 2017 due to their non-acquiescence in the immigration conditions imposed on the Byrne JAG program. They expected to be similarly deprived in FY 2018. They alleged that the federal government had imposed three unlawful conditions on FY 2017 Byrne JAG funds, requiring grant recipients to:

comply with 8 U.S.C. § 1373 (which requires local governments to allow their employees to share their citizenship and immigration status information with federal authorities);
give the federal government 48 hours’ notice prior to releasing arrestees; and
permit federal immigration officials to access any correctional or detention facility to meet with suspected undocumented immigrants.

The plaintiffs further alleged that the Trump administration had imposed similar but more intrusive conditions on FY 2018 funding: local governments were additionally required to comply with 8 U.S.C. § 1644; were required to answer questions regarding their compliance with the two statutes; and were required to certify that they would not violate 8 U.S.C. § 1324(a), which forbids the harboring or concealment of undocumented immigrants.

The plaintiffs filed an amended complaint on Nov. 21, 2018, adding information related to another sanctuary city case that Oregon was involved in. As a result of a preliminary injunction in that case (City of Evanston et al. v. Sessions), Oregon was provided with an award notice for FY 2017’s Byrne JAG program. However, the plaintiffs pointed out in the amended complaint that the federal government had yet to process that award or disburse any funds, and the plaintiffs still believed that they would be deprived of FY 2018 funds.

On March 5, 2019, the Trump administration filed a motion to dismiss for failure to state a claim and for lack of jurisdiction; the plaintiffs filed a motion for summary judgment on April 8, 2019. On August 7, the court denied the federal government’s motion to dismiss, and partly granted the plaintiffs’ motion for summary judgment. It held that Sections 1373 and 1644 violated the Tenth Amendment, such that the federal government could not withhold funds based on those statutes. The plaintiffs were “therefore entitled to a writ of mandamus compelling distribution of their FY 2017 and FY 2018 funds.” 406 F. Supp. 3d 940. The writ of mandamus and accompanying injunction were issued on August 29, 2019. The court also awarded costs to the plaintiffs, in the amount of $420, on October 24, 2019.

On October 4, 2019, the federal government appealed the case (Ninth Circuit docket number 19-35843). The Ninth Circuit ordered mediation and stayed the appeal in October 2019. As of December 2020, the appeal is still stayed and mediation continues.

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Summary Authors

Sam Kulhanek (3/6/2019)

Bogyung Lim (7/25/2020)

State of California v. Sessions, Northern District of California (2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8161567/parties/state-of-oregon-v-trump/

Judge(s)

McShane, Michael Jerome (Oregon)

Attorney for Plaintiff

Abrams, Marc (Oregon)

Kidd, Justin E. (Oregon)

Reeve, Tracy (Oregon)

Attorney for Defendant

Mauler, Daniel (District of Columbia)

Judge(s)

McShane, Michael Jerome (Oregon)

Attorney for Plaintiff

Abrams, Marc (Oregon)

Kidd, Justin E. (Oregon)

Reeve, Tracy (Oregon)

Rosenblum, Ellen F. (Oregon)

Shah, Peenesh H. (Oregon)

Sheffield, Naomi (Oregon)

Smith, Timothy Daly (Oregon)

Vannier, Denis M. (Oregon)

Attorney for Defendant

Mauler, Daniel (District of Columbia)

Simpson, W. Scott (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
6:18-cv-01959	Docket [PACER] State of Oregon v. Trump	Nov. 8, 2019	Nov. 8, 2019 Docket
1 6:18-cv-01959	Complaint State of Oregon v. Trump	Nov. 9, 2018	Nov. 9, 2018 Complaint
3 6:18-cv-01959	Amended Complaint State of Oregon v. Trump	Nov. 21, 2018	Nov. 21, 2018 Complaint
36 6:18-cv-01959	Opinion and Order State of Oregon v. Trump	Aug. 7, 2019	Aug. 7, 2019 Order/Opinion
38 6:18-cv-01959	Judgment and Order Denying Defendants' Motion to Dismiss; Granting Plaintiffs' Motion for Summary Judgment in Part, and Issuing Injunctions and Mandamus The State of Oregon v. Trump	Aug. 29, 2019	Aug. 29, 2019 Order/Opinion
42 6:18-cv-01959	Order The State of Oregon v. Trump	Oct. 24, 2019	Oct. 24, 2019 Order/Opinion

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Resources

Title		External URL Date / External URL
Re: Implementing the President's Border Security and Immigration Enforcement Improvements Policies (Final, 2/20/2017) DHS Secretary John Kelly	Feb. 20, 2017	Feb. 20, 2017 https://www.dhs.gov/...
Executive Order 13768: Enhancing Public Safety in the Interior of the United States President Donald Trump	Jan. 25, 2017	Jan. 25, 2017 https://www.gpo.gov/...
Re: Enforcement of the Immigration Laws to Serve the National Interest (Final, 2/20/2017) DHS Secretary John Kelly	Feb. 20, 2017	Feb. 20, 2017 https://www.dhs.gov/...
Executive Order 13767: Border Security and Immigration Enforcement Improvements President Donald Trump	Jan. 27, 2017	Jan. 27, 2017 None

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/8161567/state-of-oregon-v-trump/

Last updated June 29, 2023, 3:02 a.m.

ECF Number	Description	Date	Link Date / Link
1	Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-5630653 Jury Trial Requested: No. Filed by State of Oregon, Ellen Roseblum, Kate Brown against Donald J Trump, United States of America, Matthew G. Whitaker (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Proposed Summons). (Abrams, Marc) (Entered: 11/09/2018) 1 Civil Cover Sheet View on RECAP 2 Proposed Summons View on RECAP 3 Proposed Summons View on PACER 4 Proposed Summons View on RECAP	Nov. 9, 2018	Nov. 9, 2018 RECAP
2	Notice of Case Assignment to Judge Michael J. McShane and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 3/11/2019. Joint Alternate Dispute Resolution Report is due by 4/8/2019. Pretrial Order is due by 4/8/2019. Ordered by Judge Michael J. McShane. (Attachments: # 1 Summons Issued) (kf) (Entered: 11/09/2018) 1 Summons Issued View on PACER	Nov. 9, 2018	Nov. 9, 2018 PACER
3	First Amended Complaint for Declaratory, Injunctive, and Mandamus Relief. Filed by State of Oregon, Ellen Roseblum, Kate Brown against All Defendants. (Abrams, Marc) (Entered: 11/21/2018)	Nov. 21, 2018	Nov. 21, 2018 RECAP
4	Affidavit of Service upon Matthew G. Whitaker served on 11/14/2018 Filed by State of Oregon; Ellen Roseblum; Kate Brown. (Abrams, Marc) (Main Document 4 replaced on 12/10/2018) (cw). (Entered: 11/30/2018)	Nov. 30, 2018	Nov. 30, 2018 PACER
5	Affidavit of Service upon United States of America served on 11/14/2018 Filed by State of Oregon; Ellen Roseblum; Kate Brown. (Abrams, Marc) (Main Document 5 replaced on 12/10/2018) (cw). (Entered: 11/30/2018)	Nov. 30, 2018	Nov. 30, 2018 PACER
6	Affidavit of Service upon Donald J Trump served on 11/14/2018 Filed by State of Oregon; Ellen Roseblum; Kate Brown. (Abrams, Marc) (Entered: 12/07/2018)	Dec. 7, 2018	Dec. 7, 2018 PACER
7	Clerk's Notice of Docket Correction regarding 4 Affidavit of Service, 5 Affidavit of Service. The PDF attached to these entries at filing was incorrect. The documents were missing a case caption cover page. A corrected PDF has been uploaded and has replaced the incorrect attachments. The Notice of Electronic Filing will be regenerated to all parties. (cw) (Entered: 12/10/2018)	Dec. 10, 2018	Dec. 10, 2018 PACER
8	Notice of Association of Attorney Marc Abrams,Justin E. Kidd for State of Oregon,Justin E. Kidd for Ellen Roseblum,Justin E. Kidd for Kate Brown. Filed by State of Oregon, Ellen Roseblum, Kate Brown. (Abrams, Marc) (Entered: 12/26/2018)	Dec. 26, 2018	Dec. 26, 2018 PACER
9	Unopposed Motion for Stay of Proceedings in Light of Lapse of Appropriations. Filed by All Defendants. (Simpson, W.) (Entered: 12/27/2018)	Dec. 27, 2018	Dec. 27, 2018 PACER
10	ORDER: Granting Unopposed Motion for Stay 9 . Ordered by Judge Michael J. McShane. (cp) (Entered: 01/02/2019)	Jan. 2, 2019	Jan. 2, 2019 PACER
11	Stipulated Motion (Stipulation and Proposed Order Regarding Schedule). Filed by All Defendants. (Simpson, W.) (Entered: 01/29/2019)	Jan. 29, 2019	Jan. 29, 2019 PACER
12	ORDER: Granting Motion for extension of time to answer 11 . Answer is due 2/26/2019. The Stay in this case is lifted. Ordered by Judge Michael J. McShane. (cp) (Entered: 02/12/2019)	Feb. 12, 2019	Feb. 12, 2019 PACER
13	Unopposed Motion for Extension of Time to Answer Amended Complaint 3 . Filed by United States of America, Donald J Trump, William P. Barr. (Simpson, W.) (Entered: 02/25/2019)	Feb. 25, 2019	Feb. 25, 2019 PACER
14	Motion to Dismiss for Failure to State a Claim, Motion to Dismiss for Lack of Jurisdiction . Oral Argument requested. Filed by William P. Barr, United States of America, Donald J Trump. (Simpson, W.) (Entered: 03/05/2019)	March 5, 2019	March 5, 2019 RECAP
15	Request for Judicial Notice in Support of Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction 14 . Oral Argument requested. Filed by William P. Barr, Donald J Trump, United States of America. (Simpson, W.) (Entered: 03/05/2019)	March 5, 2019	March 5, 2019 RECAP
16	ORDER: Granting Motion for Extension of Time to Answer 13 . Answer is due by 3/5/2019. Ordered by Judge Michael J. McShane. (cp) (Entered: 03/06/2019)	March 6, 2019	March 6, 2019 PACER
	Order on Motion for Extension of Time to Answer a Complaint/Petition	March 6, 2019	March 6, 2019 PACER
17	Unopposed Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Failure to State a Claim Motion to Dismiss for Lack of Jurisdiction 14 . Filed by All Plaintiffs. (Abrams, Marc) (Entered: 03/14/2019)	March 14, 2019	March 14, 2019 PACER
18	ORDER: Granting Motion for Extension of Time to File Response to Motion to Dismiss for Failure to State a Claim 14 . Response is due by 4/9/2019. Ordered by Judge Michael J. McShane. (cp) (Entered: 03/15/2019)	March 15, 2019	March 15, 2019 PACER
19	Motion to File Excess Pages . Filed by Kate Brown, City of Portland, Ellen Roseblum, State of Oregon. (Abrams, Marc) (Entered: 03/15/2019)	March 15, 2019	March 15, 2019 PACER
	Order on Motion for Extension of Time to File Response/Reply to Motion	March 15, 2019	March 15, 2019 PACER
20	ORDER: Granting Motion to File Excess Pages 19 . Ordered by Judge Michael J. McShane. (cp) (Entered: 03/25/2019)	March 25, 2019	March 25, 2019 PACER
	Order on Motion to File Excess Pages	March 25, 2019	March 25, 2019 PACER
21	Motion for Summary Judgment and Response to Defendants' Motion to Dismiss. Filed by All Plaintiffs. (Abrams, Marc) (Entered: 04/08/2019)	April 8, 2019	April 8, 2019 PACER
22	Declaration of Michael Schmidt. Filed by All Plaintiffs. (Related document(s): Motion for Summary Judgment 21 .) (Abrams, Marc) (Entered: 04/08/2019)	April 8, 2019	April 8, 2019 PACER
23	Declaration of Peenesh Shah. Filed by All Plaintiffs. (Related document(s): Motion for Summary Judgment 21 .) (Abrams, Marc) (Entered: 04/08/2019)	April 8, 2019	April 8, 2019 PACER
24	Declaration of Timothy D. Smith. Filed by All Plaintiffs. (Related document(s): Motion for Summary Judgment 21 .) (Abrams, Marc) (Entered: 04/08/2019)	April 8, 2019	April 8, 2019 PACER
25	Declaration of Veronica Nordeen. Filed by All Plaintiffs. (Related document(s): Motion for Summary Judgment 21 .) (Abrams, Marc) (Entered: 04/08/2019)	April 8, 2019	April 8, 2019 PACER
26	Notice of Attorney Substitution:Attorney Daniel D. Mauler is substituted as counsel of record in place of Attorney W. Scott Simpson Filed by All Defendants. (Mauler, Daniel) (Entered: 04/18/2019)	April 18, 2019	April 18, 2019 PACER
27	Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment and Response to Defendants' Motion to Dismiss 21 . Filed by All Defendants. (Mauler, Daniel) (Entered: 04/18/2019)	April 18, 2019	April 18, 2019 RECAP
28	ORDER: Granting Defendants' Unopposed Motion for Extension of Time to File Response to Motion for Summary Judgment and Reply to Defendants' Motion to Dismiss 21 . Responses and Replies are due by 5/13/2019. Ordered by Judge Michael J. McShane. (cp) (Entered: 05/02/2019)	May 2, 2019	May 2, 2019 PACER
	Order on Motion for Extension of Time to File Response/Reply to Motion	May 2, 2019	May 2, 2019 PACER
29	Response in Opposition to Motion for Summary Judgment and Response to Defendants' Motion to Dismiss 21 Oral Argument requested, Reply to Motion to Dismiss for Failure to State a Claim Motion to Dismiss for Lack of Jurisdiction 14 Oral Argument requested. Filed by All Defendants. (Mauler, Daniel) (Entered: 05/13/2019)	May 13, 2019	May 13, 2019 RECAP
30	Reply to Motion for Summary Judgment and Response to Defendants' Motion to Dismiss 21 . Filed by All Plaintiffs. (Abrams, Marc) (Entered: 05/28/2019)	May 28, 2019	May 28, 2019 PACER
31	Scheduling Order by Judge Michael J. McShane regarding Request for Judicial Notice 15, Motion for Summary Judgment 21 and Motion to Dismiss 14 . Oral Argument is set for 6/27/2019 at 10:00AM in Eugene Courtroom 2 before Judge Michael J. McShane. Ordered by Judge Michael J. McShane. (plb) (Entered: 05/31/2019)	May 31, 2019	May 31, 2019 PACER
	1 - Scheduling	May 31, 2019	May 31, 2019 PACER
32	Scheduling Order by Judge Michael J. McShane: Based upon the request of the parties, the Oral Argument regarding Motions 14, 15, and 21 set for 6/27/2019 is reset for 7/26/2019 at 01:30PM in Eugene Courtroom 2 before Judge Michael J. McShane. Ordered by Judge Michael J. McShane. (cp) (Entered: 06/03/2019)	June 3, 2019	June 3, 2019 PACER
	1 - Scheduling	June 3, 2019	June 3, 2019 PACER
33	Notice of Supplemental Authority Filed by All Defendants. (Attachments: # 1 Attachment) (Mauler, Daniel) (Entered: 07/18/2019) 1 Attachment View on PACER	July 18, 2019	July 18, 2019 PACER
34	Response to Notice of Supplemental Authority. Filed by All Plaintiffs. (Related document(s): Notice 33 .) (Abrams, Marc) (Entered: 07/19/2019)	July 19, 2019	July 19, 2019 PACER
35	MINUTES of Proceedings: Motion Hearing Held regarding Request for Judicial Notice 15, Motion for Summary Judgment 21 and Motion to Dismiss 14 . Motions taken under advisement as of 7/26/2019. Marc Abrams, Peenesh H. Shah, Timothy Daly Smith, Naomi Sheffield and Denis M. Vannier present as counsel for plaintiffs. Daniel D. Mauler present as counsel for defendants. Court Reporter: Deborah Cook. Judge Michael J. McShane presiding. (cp) (Entered: 07/31/2019)	July 26, 2019	July 26, 2019 PACER
	Motion Hearing Held	July 31, 2019	July 31, 2019 PACER
36	OPINION AND ORDER: Based on the foregoing, Defendants' Motion to Dismiss, 14 is denied and Plaintiffs' Motion for Summary Judgment, 21 is granted in part. Within 14 days, the parties shall confer on a proposed form of judgment and a proposed form of order with specific language for a permanent injunction, writ of mandamus, and, if desired, a declaration. The proposed form of order and proposed form of judgment shall be submitted within 21 days of this Opinion and Order. If the parties cannot agree on proposed language for either document, each shall submit its own version, with Defendants' proposed language shown in redline. The parties shall also submit a joint statement of no more than 10 pages explaining any disagreements. Signed on 8/7/2019 by Judge Michael J. McShane. (cp) (Entered: 08/07/2019)	Aug. 7, 2019	Aug. 7, 2019 RECAP
37	Joint Notice Statement Regarding Proposed Judgment and Order Filed by State of Oregon. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Smith, Timothy) (Entered: 08/28/2019) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER	Aug. 28, 2019	Aug. 28, 2019 PACER
38	JUDGMENT AND ORDER: Judgement and Order Denying Defendants' Motion to Dismiss; Granting Plaintiffs' Motion for Summary Judgment in Part and Issuing Injunctions and Mandamus. Signed on 8/29/2019 by Judge Michael J. McShane. (cp) (Entered: 08/29/2019)	Aug. 29, 2019	Aug. 29, 2019 RECAP
39	Bill of Costs and Disbursements. Filed by All Plaintiffs. (Abrams, Marc) (Entered: 09/06/2019)	Sept. 6, 2019	Sept. 6, 2019 PACER
40	Declaration of Marc Abrams. Filed by All Plaintiffs. (Related document(s): Bill of Costs 39 .) (Abrams, Marc) (Entered: 09/06/2019)	Sept. 6, 2019	Sept. 6, 2019 RECAP
41	Notice of Appeal to the 9th Circuit from Order on Motion to Dismiss for Failure to State a Claim,,,, Order on Request for Judicial Notice,,,, Order on motion for summary judgment,,, 36, Judgment 38 (fee exempt status selected (AUSA)) . Filed by All Defendants. (Mauler, Daniel) (Entered: 10/04/2019)	Oct. 4, 2019	Oct. 4, 2019 RECAP
	USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal 41 . Case Appealed to Ninth Circuit Case Number 19-35843 assigned. (kf)	Oct. 4, 2019	Oct. 4, 2019 PACER
42	ORDER: Granting Taxation of Costs. 39 Costs taxed in the amount of $420.00 against Defendant. Signed on 11/24/2019 by Judge Michael J. McShane. (cp) (Entered: 10/24/2019)	Oct. 24, 2019	Oct. 24, 2019 RECAP
43	Amended Order, from USCA for the 9th Circuit, appeals remained stayed pending further order of this court. USCA # 19-35843 re Notice of Appeal 41 . (kf) (Entered: 11/08/2019)	Nov. 8, 2019	Nov. 8, 2019 PACER
44	Notice of Attorney Substitution:Attorney Joseph J. DeMott is substituted as counsel of record in place of Attorney Daniel D. Mauler for all Defendants. Filed by All Defendants. (DeMott, Joseph) (Entered: 04/16/2021)	April 16, 2021	April 16, 2021 PACER