Case: Oregon v. Trump

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

Filed Date: Nov. 9, 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. 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:

  1. 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);
  2. give the federal government 48 hours’ notice prior to releasing arrestees; and
  3. 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.

Summary Authors

Sam Kulhanek (3/6/2019)

Bogyung Lim (7/25/2020)

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)

Attorneys(s) 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)

Attorneys(s) for Defendant

Mauler, Daniel (District of Columbia)

Judge(s)

McShane, Michael Jerome (Oregon)

Attorneys(s) 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)

Attorneys(s) for Defendant

Mauler, Daniel (District of Columbia)

Simpson, W. Scott (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

State of Oregon v. Trump

Nov. 8, 2019 Docket
1

Complaint

State of Oregon v. Trump

Nov. 9, 2018 Complaint
3

Amended Complaint

State of Oregon v. Trump

Nov. 21, 2018 Complaint
36

Opinion and Order

State of Oregon v. Trump

406 F.Supp.3d 940

Aug. 7, 2019 Order/Opinion
38

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 Order/Opinion
42

Order

The State of Oregon v. Trump

Oct. 24, 2019 Order/Opinion

Docket

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

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

ECF Number Description Date Link
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

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Nov. 9, 2018 PACER
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

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2 Proposed Summons

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3 Proposed Summons

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4 Proposed Summons

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Nov. 9, 2018 RECAP
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 RECAP
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 PACER
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 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 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 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 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 PACER
10

ORDER: Granting Unopposed Motion for Stay 9 . Ordered by Judge Michael J. McShane. (cp) (Entered: 01/02/2019)

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 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 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 PACER
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 RECAP
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 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 PACER

Order on Motion for Extension of Time to Answer a Complaint/Petition

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 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 PACER

Order on Motion for Extension of Time to File Response/Reply to Motion

March 15, 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 PACER
20

ORDER: Granting Motion to File Excess Pages 19 . Ordered by Judge Michael J. McShane. (cp) (Entered: 03/25/2019)

March 25, 2019 PACER

Order on Motion to File Excess Pages

March 25, 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 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 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 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 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 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 RECAP
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 PACER
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 PACER

Order on Motion for Extension of Time to File Response/Reply to Motion

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 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 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 PACER

1 - Scheduling

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 PACER

1 - Scheduling

June 3, 2019 PACER
33

Notice of Supplemental Authority Filed by All Defendants. (Attachments: # 1 Attachment) (Mauler, Daniel) (Entered: 07/18/2019)

1 Attachment

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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 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 PACER

Motion Hearing Held

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 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

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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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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 RECAP
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 RECAP
39

Bill of Costs and Disbursements. Filed by All Plaintiffs. (Abrams, Marc) (Entered: 09/06/2019)

Sept. 6, 2019 PACER

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 PACER
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 RECAP
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 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 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 PACER

State / Territory: Oregon

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Key Dates

Filing Date: Nov. 9, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The State of Oregon and the City of Portland

Plaintiff Type(s):

State 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), Federal

President Donald Trump, Federal

Case Details

Causes of Action:

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

Mandamus, 28 U.S.C. § 1361

Constitutional Clause(s):

Federalism (including 10th Amendment)

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Litigation

Issues

General:

Funding

Immigration/Border:

Sanctuary city/state

Undocumented immigrants - state and local regulation