Case: Mayor and City Council of Baltimore v. Trump

1:18-cv-03636 | U.S. District Court for the District of Maryland

Filed Date: Nov. 28, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is one of several brought nationwide by States, counties, and nonprofit organizations challenging the Trump administration's revised public charge rule, which expands the types of programs that the federal government will consider in public charge determinations to now also include previously excluded health, nutrition, and housing programs. This case was filed in the fall of 2018, after the State Department made changes to its Foreign Affairs Manual (FAM) that revised the public char…

This case is one of several brought nationwide by States, counties, and nonprofit organizations challenging the Trump administration's revised public charge rule, which expands the types of programs that the federal government will consider in public charge determinations to now also include previously excluded health, nutrition, and housing programs. This case was filed in the fall of 2018, after the State Department made changes to its Foreign Affairs Manual (FAM) that revised the public charge rule. The State Department officially implemented the rule in the fall of 2019, shortly after DHS announced its own implementation of the rule. Although the DHS rule was quickly enjoined, the State Department's rule wasn't enjoined until July 29, 2020 in Make the Road New York v. Pompeo. On February 2, 2021, President Biden issued an Executive Order calling for government agencies to review actions related to the implementation of the public charge rule. While DHS formally abandoned the rule on March 9, 2021, the State Department's rule is still official policy, though still enjoined.

The Mayor and City Council of Baltimore Sue Over Changes to the Public Charge Rule in the Foreign Affairs Manual

On November 28, 2018, the Mayor and City Council of Baltimore, Maryland filed this lawsuit in the U.S. District Court for the District of Maryland. The City sued U.S. President Donald Trump, U.S. Secretary of State Michael Pompeo, and the U.S. Department of State (DOS) under the Administrative Procedure Act (APA) and Bivens for violations of Fifth Amendment equal protection. The plaintiffs, represented by the Democracy Forward Foundation and the City of Baltimore Department of Law, sought attorneys’ fees and declaratory and injunctive relief prohibiting defendants from enforcing January 2018 changes to the State Department’s Foreign Affairs Manual. The changes were to instructions to consular officers on how to determine the likelihood a visa applicant would become a public charge if admitted to the United States. The City alleged that the increase in public benefit listed in the new definition would, in effect, decrease the number of immigrants eligible to apply for visas. The changes were made without providing the public legally required notice, explanation, and opportunity for comment. The case was assigned to Judge Ellen Hollander.

The changes to the FAM increased the types of programs that the federal government would consider in public charge determinations to now also include previously excluded health, nutrition, and housing programs. The Immigration and Nationality Act (INA) provides that if a consular officer finds that a person seeking a visa is likely to become a public charge, that person is “inadmissible.” Thus, an immigrant who uses non-cash benefits such as food stamps or Medicaid may be found more likely to be a public charge and inadmissible for purposes of a visa. The plaintiffs asserted that the effect of this Rule would be to force immigrant families to choose between using these benefits or risk failing to gain entry to the U.S.

Defendants Move to Dismiss

The defendants moved to dismiss the complaint on February 25, 2019. They argued that the City of Baltimore lacked subject matter jurisdiction and failed to state a claim upon which relief could be granted. Moreover, even if the City overcame these hurdles, the defendants argued that it still failed to plausibly allege that the FAM changes violated either the APA or equal protection.

On September 20, 2019, Judge Hollander denied the motion. She held that the City was affected by the changes and could sue on behalf of the immigrants affected. She also found that sufficient allegations had been provided to sue President Trump under the equal protection claim. Finally, she upheld the APA claim on the grounds that changes to the FAM are subject to notice and comment, and that there could be grounds for an injunction.

The Rule is Officially Implemented by the State Department

On October 11, 2019, the Department of Homeland Security's similar public charge rule (DHS Rule) began to be enjoined by courts around the country. That same day, DOS formalized the changes to the FAM by implementing the Interim Final Rule. This rule mirrored the DHS Rule, explicitly expanding the definition of "public charge" for the purposes of granting visas.

The Fight Over Discovery

On October 20, defendants filed their answer to the complaint, and a Scheduling Order for discovery was issued on November 5.

On top of requesting documents from DOS, the City requested interrogatories of Secretary Pompeo and President Trump. In response, the defendants moved to amend the Scheduling Order on November 18, arguing that no discovery was needed beyond production of the administrative record.

What followed was a "flurry of submissions," and on December 19, Judge Hollander granted the motion in part. She vacated the previous Scheduling Order and denied discovery beyond the administrative record on the equal protection claim, holding that the plaintiffs were not entitled to discovery because this was an immigration issue and that the administrative record would suffice. However, she denied the motion for the APA claims, finding that the plaintiffs could proceed with the administrative record and pursue extra-record discovery afterward if needed. 429 F.Supp.3d 128.

On February 7, 2020, the City supplemented its complaint to include the Interim Final Rule.

Parties Move for Summary Judgment

On May 15, the plaintiffs moved for summary judgment.

On June 12, the defendants moved to dismiss for lack of subject matter jurisdiction and also filed a cross motion for summary judgment.

The FAM Changes and the Interim Final Rule are Enjoined

On July 29, the FAM changes and the Interim Final Rule were enjoined nationwide by the District Court for the Southern District of New York in Make the Road New York v. Pompeo. 475 F.Supp.3d 232. The DHS Rule was similarly enjoined in State of New York v. DHS. 2020 WL 4347264.

Subsequently, on August 6, Judge Hollander ordered the parties to explain to the court the import of these cases.

Changes with the Biden Administration

On February 2, 2021, President Biden issued an Executive Order calling for government agencies to review actions related to the implementation of the public charge rule.

On February 19, defendants moved to stay proceedings while the new administration reevaluated the rule. The court granted the motion that same day, ordering a status report due by May 24.

On March 9, DHS formally abandoned the rule. DOS, however, did not.

As of March 14, 2021, the FAM revisions and Interim Final Rule are enjoined nationwide. The court has yet to rule on summary judgment, and proceedings are currently on hold until May 24, 2021.

Summary Authors

Ashton Dubey (10/2/2019)

Jack Kanarek (3/14/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/8336496/parties/mayor-and-city-council-of-baltimore-v-biden/


Judge(s)

Hollander, Ellen Lipton (Maryland)

Attorneys(s) for Plaintiff

Conley, Danielle (District of Columbia)

Farmer, Emily (District of Columbia)

Jennings, Molly (District of Columbia)

Jones, Karianne M. (District of Columbia)

Lewis, John T. (District of Columbia)

Martinez, Elizabeth (New Mexico)

Paikin, Jonathan E (District of Columbia)

Sangree, Suzanne (Maryland)

Seel, Benjamin (District of Columbia)

Judge(s)

Hollander, Ellen Lipton (Maryland)

Attorneys(s) for Plaintiff

Conley, Danielle (District of Columbia)

Farmer, Emily (District of Columbia)

Jennings, Molly (District of Columbia)

Jones, Karianne M. (District of Columbia)

Lewis, John T. (District of Columbia)

Martinez, Elizabeth (New Mexico)

Paikin, Jonathan E (District of Columbia)

Sangree, Suzanne (Maryland)

Seel, Benjamin (District of Columbia)

Yood, Jamie (District of Columbia)

Attorneys(s) for Defendant

Luh, James C. (District of Columbia)

Other Attorney(s)

Baluch, Ejaz Hussain Jr. (Maryland)

Barbero, Megan (District of Columbia)

Bondy, Thomas M. (District of Columbia)

Davis, Peter E (District of Columbia)

Grogg, Adam Anderson (District of Columbia)

Havemann, William Ernest (District of Columbia)

Kathawala, Rene (New York)

Lattner, Edward Barry (Maryland)

Letter, Douglas (District of Columbia)

Nannery, Valerie M (District of Columbia)

Tatelman, Todd B. (District of Columbia)

Verduzco, Brenda Ayon (California)

Documents in the Clearinghouse

Document

1:18-cv-03636

Docket [PACER]

Mayor and City Council Of Baltimore v. Trump

Feb. 22, 2021

Feb. 22, 2021

Docket
1

1:18-cv-03636

Complaint

Nov. 28, 2018

Nov. 28, 2018

Complaint
59

1:18-cv-03636

Memorandum Opinion

416 F.Supp.3d 452

Sept. 20, 2019

Sept. 20, 2019

Order/Opinion
88

1:18-cv-03636

Memorandum Opinion

429 F.Supp.3d 128

Dec. 19, 2019

Dec. 19, 2019

Order/Opinion
99

1:18-cv-03636

Supplemental Complaint for Declaratory and Injunctive Relief

Feb. 27, 2020

Feb. 27, 2020

Complaint
116

1:18-cv-03636

Corrected Brief of United States House of Representatives as Amicus Curiae in Support of Plaintiff's Motion for Summary Judgment

May 26, 2020

May 26, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8336496/mayor-and-city-council-of-baltimore-v-biden/

Last updated Aug. 6, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
6

Summons Issued 60 days as to Michael R. Pompeo, Donald J. Trump, U.S. Department of State, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 U.S. Department of State, # 2 Pompeo, # 3 U.S. Attorney General, # 4 U.S. Attorney for MD)(hmls, Deputy Clerk) (Entered: 11/28/2018)

1 U.S. Department of State

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2 Pompeo

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3 U.S. Attorney General

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4 U.S. Attorney for MD

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Nov. 28, 2018

Nov. 28, 2018

PACER
5

MOTION to Appear Pro Hac Vice for John T. Lewis (Filing fee $100, receipt number 0416-7693097.) by Mayor and City Council Of Baltimore(Sangree, Suzanne) (Entered: 11/28/2018)

Nov. 28, 2018

Nov. 28, 2018

PACER
4

MOTION to Appear Pro Hac Vice for Karianne M. Jones (Filing fee $100, receipt number 0416-7693096.) by Mayor and City Council Of Baltimore(Sangree, Suzanne) (Entered: 11/28/2018)

Nov. 28, 2018

Nov. 28, 2018

PACER
3

MOTION to Appear Pro Hac Vice for Javier M. Guzman (Filing fee $100, receipt number 0416-7693095.) by Mayor and City Council Of Baltimore(Sangree, Suzanne) (Entered: 11/28/2018)

Nov. 28, 2018

Nov. 28, 2018

PACER
2

Local Rule 103.3 Disclosure Statement by Mayor and City Council Of Baltimore (Sangree, Suzanne) (Entered: 11/28/2018)

Nov. 28, 2018

Nov. 28, 2018

PACER
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0416-7693089.), filed by Mayor and City Council Of Baltimore. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons)(Sangree, Suzanne) (Entered: 11/28/2018)

1 Exhibit

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2 Civil Cover Sheet

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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Nov. 28, 2018

Nov. 28, 2018

RECAP
8

PAPERLESS ORDER granting 5 Motion to Appear Pro Hac Vice on behalf of John T Lewis. Directing attorney John T Lewis to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 11/30/2018. (srds, Deputy Clerk) (Entered: 11/30/2018)

Nov. 30, 2018

Nov. 30, 2018

PACER
7

PAPERLESS ORDER granting 4 Motion to Appear Pro Hac Vice on behalf of Karianne Jones. Directing attorney Karianne Jones to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 11/30/2018. (srds, Deputy Clerk) (Entered: 11/30/2018)

Nov. 30, 2018

Nov. 30, 2018

PACER
9

PAPERLESS ORDER denying 3 motion for admission pro hac vice of Javier M. Guzman. Signed by Judge Ellen L. Hollander on 11/30/2018. (srd, Deputy Clerk) (Entered: 12/03/2018)

Dec. 3, 2018

Dec. 3, 2018

PACER
10

SUMMONS Returned Executed by Mayor and City Council Of Baltimore. All Defendants. (Attachments: # 1 Affidavit)(Lewis, John) (Entered: 12/10/2018)

1 Affidavit

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Dec. 10, 2018

Dec. 10, 2018

PACER

Set/Reset Deadlines: Michael R. Pompeo answer due 2/1/2019; Donald J. Trump answer due 2/1/2019; U.S. Department of State answer due 2/1/2019. (hmls, Deputy Clerk)

Dec. 11, 2018

Dec. 11, 2018

PACER

Set/Reset Deadlines

Dec. 11, 2018

Dec. 11, 2018

PACER
14

ORDER DENYING 12 Motion to Stay. Signed by Judge Ellen L. Hollander on 1/16/2019. (hmls, Deputy Clerk) (Entered: 01/17/2019)

Jan. 16, 2019

Jan. 16, 2019

PACER
13

RESPONSE in Opposition re 12 MOTION for Extension of Time to File Answer re 1 Complaint, MOTION to Stay (Motion for a Stay in Light of Lapse of Appropriations) filed by Mayor and City Council Of Baltimore.(Lewis, John) (Entered: 01/16/2019)

Jan. 16, 2019

Jan. 16, 2019

PACER
12

MOTION for Extension of Time to File Answer re 1 Complaint,, MOTION to Stay (Motion for a Stay in Light of Lapse of Appropriations) by Michael R. Pompeo, Donald J. Trump, U.S. Department of State(Luh, James) (Entered: 01/16/2019)

Jan. 16, 2019

Jan. 16, 2019

PACER
11

NOTICE of Appearance by James C Luh on behalf of All Defendants (Luh, James) (Entered: 01/16/2019)

Jan. 16, 2019

Jan. 16, 2019

PACER
15

ORDER directing Defendants to file a responsive pleading or show cause for failing to do so by 2/28/2019. Signed by Judge Ellen L. Hollander on 2/22/19. (krs, Deputy Clerk) (Entered: 02/22/2019)

Feb. 22, 2019

Feb. 22, 2019

PACER
18

Marginal ORDER GRANTING 16 Motion for Leave to File Excess Pages; REMINDING counsel that motions should include proposed orders. Signed by Judge Ellen L. Hollander on 2/25/2019. (hmls, Deputy Clerk) (Entered: 02/26/2019)

Feb. 25, 2019

Feb. 25, 2019

PACER
17

MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim(Motion to Dismiss for Lack of Subject Matter Jurisdiction or for Failure to State a Claim) by Michael R. Pompeo, Donald J. Trump, U.S. Department of State (Attachments: # 1 Memorandum in Support, # 2 Exhibit A)(Luh, James) (Entered: 02/25/2019)

1 Memorandum in Support

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2 Exhibit A

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Feb. 25, 2019

Feb. 25, 2019

PACER
16

Consent MOTION for Leave to File Excess Pages (Unopposed Motion for Leave to File Excess Pages) by Michael R. Pompeo, Donald J. Trump, U.S. Department of State(Luh, James) (Entered: 02/25/2019)

Feb. 25, 2019

Feb. 25, 2019

PACER
19

MOTION to Appear Pro Hac Vice for Benjamin Seel (Filing fee $100, receipt number 0416-7859974.) by Mayor and City Council Of Baltimore (Attachments: # 1 Text of Proposed Order)(Sangree, Suzanne) (Entered: 02/26/2019)

1 Text of Proposed Order

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Feb. 26, 2019

Feb. 26, 2019

PACER
20

PAPERLESS ORDER granting 19 Motion to Appear Pro Hac Vice on behalf of Benjamin Seel. Directing attorney Benjamin Seel to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 3/1/2019. (srd, Deputy Clerk) (Entered: 03/01/2019)

March 1, 2019

March 1, 2019

PACER
22

ORDER GRANTING 21 Motion for Extension of Time to File Response/Reply re 17 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim (Motion to Dismiss for Lack of Subject Matter Jurisdiction or for Failure to State a Claim) to and including 3/15/2019. Signed by Judge Ellen L. Hollander on 3/5/2019. (hmls, Deputy Clerk) (Entered: 03/05/2019)

March 5, 2019

March 5, 2019

PACER
21

MOTION for Extension of Time to File Response/Reply as to 17 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim(Motion to Dismiss for Lack of Subject Matter Jurisdiction or for Failure to State a Claim) by Mayor and City Council Of Baltimore (Attachments: # 1 Text of Proposed Order)(Lewis, John) (Entered: 03/05/2019)

1 Text of Proposed Order

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March 5, 2019

March 5, 2019

PACER
24

ORDER GRANTING 23 Motion for Leave to File Excess Pages. Signed by Judge Ellen L. Hollander on 3/12/2019. (hmls, Deputy Clerk) (Entered: 03/13/2019)

March 12, 2019

March 12, 2019

PACER
23

Consent MOTION for Leave to File Excess Pages Unopposed Motion for Leave to File Excess Pages by Mayor and City Council Of Baltimore (Attachments: # 1 Text of Proposed Order)(Lewis, John) (Entered: 03/12/2019)

1 Text of Proposed Order

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March 12, 2019

March 12, 2019

PACER
25

RESPONSE in Opposition re 17 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim(Motion to Dismiss for Lack of Subject Matter Jurisdiction or for Failure to State a Claim) filed by Mayor and City Council Of Baltimore.(Lewis, John) (Entered: 03/15/2019)

March 15, 2019

March 15, 2019

PACER
26

MOTION to Appear Pro Hac Vice for Brenda Ayon Verduzco (Filing fee $100, receipt number 0416-7905300.) by State of California. (Nannery, Valerie) Modified on 3/21/2019 (hmls, Deputy Clerk). (Entered: 03/21/2019)

March 21, 2019

March 21, 2019

PACER
45

Memorandum re 17 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim(Motion to Dismiss for Lack of Subject Matter Jurisdiction or for Failure to State a Claim) Brief of Amici States filed by State of California.(Nannery, Valerie) (Entered: 03/22/2019)

March 22, 2019

March 22, 2019

PACER
44

Local Rule 103.3 Disclosure Statement by MacArthur Justice Center (Jones, Robert Stanton) (Entered: 03/22/2019)

March 22, 2019

March 22, 2019

PACER
43

Local Rule 103.3 Disclosure Statement by National Immigrant Justice Center (Jones, Robert Stanton) (Entered: 03/22/2019)

March 22, 2019

March 22, 2019

PACER
42

Local Rule 103.3 Disclosure Statement by Black Alliance for Just Immigration (Jones, Robert Stanton) (Entered: 03/22/2019)

March 22, 2019

March 22, 2019

PACER
41

Local Rule 103.3 Disclosure Statement by Americans for Immigrant Justice (Jones, Robert Stanton) (Entered: 03/22/2019)

March 22, 2019

March 22, 2019

PACER
40

Local Rule 103.3 Disclosure Statement by Refugee and Immigrant Center for Education and Legal Services, Inc. (Jones, Robert Stanton) (Entered: 03/22/2019)

March 22, 2019

March 22, 2019

PACER
39

Local Rule 103.3 Disclosure Statement by Muslim Advocates (Jones, Robert Stanton) (Entered: 03/22/2019)

March 22, 2019

March 22, 2019

PACER
38

Local Rule 103.3 Disclosure Statement by LatinoJustice PRLDEF (Jones, Robert Stanton) (Entered: 03/22/2019)

March 22, 2019

March 22, 2019

PACER
37

Local Rule 103.3 Disclosure Statement by Asian Americans Advancing Justice Los Angeles (Jones, Robert Stanton) (Entered: 03/22/2019)

March 22, 2019

March 22, 2019

PACER
36

Local Rule 103.3 Disclosure Statement by Episcopal Refugee and Immigrant Center Alliance (Baluch, Ejaz) (Entered: 03/22/2019)

March 22, 2019

March 22, 2019

PACER
35

Local Rule 103.3 Disclosure Statement by Catholic Charities of of Baltimore, Immigration Legal Services (Baluch, Ejaz) (Entered: 03/22/2019)

March 22, 2019

March 22, 2019

PACER
34

Local Rule 103.3 Disclosure Statement by CASA of Maryland, Inc. (Baluch, Ejaz) (Entered: 03/22/2019)

March 22, 2019

March 22, 2019

PACER
33

Local Rule 103.3 Disclosure Statement by Capital Area Immigrant Rights Coalition (Baluch, Ejaz) (Entered: 03/22/2019)

March 22, 2019

March 22, 2019

PACER
32

Local Rule 103.3 Disclosure Statement by Public Justice Center (Baluch, Ejaz) (Entered: 03/22/2019)

March 22, 2019

March 22, 2019

PACER
31

MOTION for Leave to File Brief of Amici Curiae by Public Justice Center, Capital Area Immigrant Rights Coalition, CASA of Maryland, Inc., Catholic Charities of of Baltimore, Immigration Legal Services, Episcopal Refugee and Immigrant Center Alliance (Attachments: # 1 Exhibit)(Baluch, Ejaz) (Entered: 03/22/2019)

1 Exhibit

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March 22, 2019

March 22, 2019

PACER
30

Supplemental to 28 MOTION for Leave to File Brief of Amici Curiae 17 Counties and Cities in Support of Plaintiff's Opposition to Defendants' Motion to Dismiss filed by Alameda County, California, Austin, Texas, Boise, Idaho, Los Angeles, California, Marin County, California, Montgomery County, Maryland, Mountain View, California, Oakland, California, Palm Springs, California, Philadelphia, Pennsylvania, Sacramento, California, Santa Cruz County, California, Seattle, Washington, St. Paul, Minnesota, Stockton, California, Tucson, Arizona, West Hollywood, California Proposed Order (Lattner, Edward) (Entered: 03/22/2019)

March 22, 2019

March 22, 2019

PACER
29

PAPERLESS ORDER granting 26 Motion to Appear Pro Hac Vice on behalf of Brenda Ayon Verduzco. Directing attorney Brenda Ayon Verduzco to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 3/22/2019. (srd, Deputy Clerk) (Entered: 03/22/2019)

March 22, 2019

March 22, 2019

PACER
28

MOTION for Leave to File Brief of Amici Curiae 17 Counties and Cities in Support of Plaintiff's Opposition to Defendants' Motion to Dismiss by Montgomery County, Maryland, Oakland, California, Alameda County, California, Austin, Texas, Boise, Idaho, Los Angeles, California, Marin County, California, Mountain View, California, Palm Springs, California, Philadelphia, Pennsylvania, Sacramento, California, St. Paul, Minnesota, Santa Cruz County, California, Seattle, Washington, Stockton, California, Tucson, Arizona, West Hollywood, California (Attachments: # 1 Attachment Proposed Amici Brief)(Lattner, Edward) (Entered: 03/22/2019)

1 Attachment Proposed Amici Brief

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March 22, 2019

March 22, 2019

PACER
27

MOTION for Leave to File Brief of Amici Curiae Civil Rights Organizations In Support of Plaintiff's Opposition to Defendants' Motion to Dismiss by Asian Americans Advancing Justice Los Angeles, LatinoJustice PRLDEF, Muslim Advocates, Refugee and Immigrant Center for Education and Legal Services, Inc., Americans for Immigrant Justice, MacArthur Justice Center, Black Alliance for Just Immigration, American Immigration Council, National Immigrant Justice Center, Southern Poverty Law Center (Attachments: # 1 Memorandum in Support Brief of Amici Curiae Civil Rights Organizations In Support of Plaintiff's Opposition to Defendants' Motion to Dismiss, # 2 Text of Proposed Order Proposed Order Granting Movants' Motion for Leave to File Brief of Amici Curiae Civil Rights Organizations In Support of Plaintiff's Opposition to Defendants' Motion to Dismiss)(Jones, Robert Stanton) (Entered: 03/22/2019)

1 Memorandum in Support Brief of Amici Curiae Civil Rights Organizations In Suppor

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2 Text of Proposed Order Proposed Order Granting Movants' Motion for Leave to

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March 22, 2019

March 22, 2019

PACER
53

BRIEF OF AMICI CURIAE filed by Alameda County, California, Austin, Texas, Boise, Idaho, Los Angeles, California, Marin County, California, Montgomery County, Maryland, Mountain View, California, Oakland, California, Palm Springs, California, Philadelphia, Pennsylvania, Sacramento, California, Santa Cruz County, California, Seattle, Washington, St. Paul, Minnesota, Stockton, California, Tucson, Arizona, West Hollywood, California, in support of Plaintiff's 25 Opposition to Defendants' 17 Motion to Dismiss. (dass, Deputy Clerk) (originally filed 3/22/19) (Entered: 03/25/2019)

March 23, 2019

March 23, 2019

PACER
52

ORDER granting 28 Motion for Leave to File Brief of Amici Curiae. Signed by Judge Ellen L. Hollander on 3/22/2019. (dass, Deputy Clerk)(originally filed 3/22/19) (Entered: 03/25/2019)

March 23, 2019

March 23, 2019

PACER
51

BRIEF OF AMICI CURIAE Civil Rights Organizations filed by American Immigration Council, Americans for Immigrant Justice, Asian Americans Advancing Justice Los Angeles, Black Alliance for Just Immigration, LatinoJustice PRLDEF, MacArthur Justice Center, Muslim Advocates, National Immigrant Justice Center, Refugee and Immigrant Center for Education and Legal Services, Inc., Southern Poverty Law Center, in support of Plaintiff's 25 Opposition to Defendants' 17 Motion to Dismiss. (dass, Deputy Clerk) (originally filed 3/22/19) (Entered: 03/25/2019)

March 23, 2019

March 23, 2019

RECAP
50

ORDER granting 27 Motion for Leave to File Brief of Amici Curiae. Signed by Judge Ellen L. Hollander on 3/22/2019. (dass, Deputy Clerk) (originally filed 3/22/19) (Entered: 03/25/2019)

March 23, 2019

March 23, 2019

PACER
49

BRIEF OF AMICI CURIAE filed by Public Justice Center. Capital Area Immigrant Rights Coalition, CASA of Maryland, Inc., Catholic Charities of of Baltimore, Immigration Legal Services, and Episcopal Refugee and Immigrant Center Alliance, in support of the Plaintiff. (dass, Deputy Clerk) (Originally filed 3/22/18) (Entered: 03/25/2019)

March 23, 2019

March 23, 2019

PACER
48

MARGINAL ORDER granting 31 Motion for Leave to File Brief of Amici Curiae. Signed by Judge Ellen L. Hollander on 3/22/2019. (dass, Deputy Clerk) (Originally filed 3/22/18) (Entered: 03/25/2019)

March 23, 2019

March 23, 2019

PACER
47

Local Rule 103.3 Disclosure Statement by American Immigration Council (Jones, Robert Stanton) (Entered: 03/23/2019)

March 23, 2019

March 23, 2019

PACER
46

Local Rule 103.3 Disclosure Statement by Southern Poverty Law Center (Jones, Robert Stanton) (Entered: 03/23/2019)

March 23, 2019

March 23, 2019

PACER
55

ORDER GRANTING 54 Motion of Defendants for Extension of Time to File Response/Reply re 17 MOTION to Dismiss for Lack of Jurisdiction or for Failure to State a Claim. Reply due 4/25/2019. Signed by Judge Ellen L. Hollander on 3/25/2019. (hmls, Deputy Clerk) (Entered: 03/26/2019)

March 25, 2019

March 25, 2019

PACER
54

MOTION for Extension of Time to File Response/Reply as to 17 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim(Motion to Dismiss for Lack of Subject Matter Jurisdiction or for Failure to State a Claim) (Motion for Extension of Time to File Reply Memorandum in Support of Motion to Dismiss) by Michael R. Pompeo, Donald J. Trump, U.S. Department of State (Attachments: # 1 Text of Proposed Order)(Luh, James) (Entered: 03/25/2019)

1 Text of Proposed Order

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March 25, 2019

March 25, 2019

PACER
56

REPLY to Response to Motion re 17 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim(Motion to Dismiss for Lack of Subject Matter Jurisdiction or for Failure to State a Claim) (Reply Memorandum in Support of Motion to Dismiss for Lack of Subject Matter Jurisdiction or for Failure to State a Claim) filed by Michael R. Pompeo, Donald J. Trump, U.S. Department of State.(Luh, James) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
57

NOTICE by Mayor and City Council Of Baltimore of Supplemental Authority (Attachments: # 1 Exhibit A)(Lewis, John) (Entered: 06/04/2019)

1 Exhibit A

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June 4, 2019

June 4, 2019

PACER
58

RESPONSE re 57 Notice (Other) (Defendants' Response to Plaintiff's Notice of Supplemental Authority) filed by Michael R. Pompeo, Donald J. Trump, U.S. Department of State.(Luh, James) (Entered: 06/06/2019)

June 6, 2019

June 6, 2019

PACER
60

ORDER DENYING 17 Motion to Dismiss for Lack of Jurisdiction; DENYING 17 Motion to Dismiss for Failure to State a Claim; Defendants' answer due by 10/20/2019. Signed by Judge Ellen L. Hollander on 9/20/2019. (hmls, Deputy Clerk) (Entered: 09/23/2019)

Sept. 20, 2019

Sept. 20, 2019

RECAP
59

MEMORANDUM OPINION. Signed by Judge Ellen L. Hollander on 9/20/2019. (hmls, Deputy Clerk) (Entered: 09/23/2019)

Sept. 20, 2019

Sept. 20, 2019

RECAP
62

MOTION to Withdraw as Attorney by CASA of Maryland, Inc., Capital Area Immigrant Rights Coalition, Catholic Charities of of Baltimore, Immigration Legal Services, Episcopal Refugee and Immigrant Center Alliance, Public Justice Center(Gardner, Debra) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

RECAP
61

NOTICE of Appearance by Debra Lynn Gardner on behalf of CASA of Maryland, Inc., Capital Area Immigrant Rights Coalition, Catholic Charities of of Baltimore, Immigration Legal Services, Episcopal Refugee and Immigrant Center Alliance, Public Justice Center (Gardner, Debra) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

RECAP

Case Assigned/Reassigned

Sept. 24, 2019

Sept. 24, 2019

PACER

Case reassigned to Judge Stephanie A. Gallagher. Judge Ellen L. Hollander no longer assigned to the case. (cags, Deputy Clerk)

Sept. 24, 2019

Sept. 24, 2019

PACER
63

ORDER granting 62 Motion to Withdraw as Attorney. Attorney Ejaz Hussain Baluch, Jr terminated. Signed by Judge Stephanie A. Gallagher on 10/1/2019. (krs, Deputy Clerk) (Entered: 10/01/2019)

Oct. 1, 2019

Oct. 1, 2019

PACER
66

MOTION to Withdraw as Attorney by State of California (Attachments: # 1 Text of Proposed Order)(Nannery, Valerie) (Entered: 10/11/2019)

1 Text of Proposed Order

View on PACER

Oct. 11, 2019

Oct. 11, 2019

PACER
65

NOTICE of Appearance by Michael K Addo on behalf of State of California (Addo, Michael) (Entered: 10/11/2019)

Oct. 11, 2019

Oct. 11, 2019

PACER
64

NOTICE by Michael R. Pompeo, Donald J. Trump, U.S. Department of State (Defendants' Notice of Regulatory Action) (Luh, James) (Entered: 10/11/2019)

Oct. 11, 2019

Oct. 11, 2019

PACER
67

ORDER granting 66 Motion to Withdraw as Attorney. Attorney Valerie M. Nannery terminated. Signed by Judge Stephanie A. Gallagher on 10/15/2019. (cags, Deputy Clerk) (Entered: 10/15/2019)

Oct. 15, 2019

Oct. 15, 2019

PACER
68

ANSWER to 1 Complaint, by Michael R. Pompeo, Donald J. Trump, U.S. Department of State.(Luh, James) (Entered: 10/20/2019)

Oct. 20, 2019

Oct. 20, 2019

PACER
69

SCHEDULING ORDER: Status Report due by 3/19/2020. Signed by Judge Stephanie A. Gallagher on 11/5/2019. (krs, Deputy Clerk) (Entered: 11/05/2019)

Nov. 5, 2019

Nov. 5, 2019

PACER
74

MOTION to Appear Pro Hac Vice for Jamie Yood (Filing fee $100, receipt number 0416-8350494.) by Mayor and City Council Of Baltimore(Farmer, Emily) (Entered: 11/14/2019)

Nov. 14, 2019

Nov. 14, 2019

PACER
73

MOTION to Appear Pro Hac Vice for Molly M. Jennings (Filing fee $100, receipt number 0416-8350493.) by Mayor and City Council Of Baltimore(Farmer, Emily) (Entered: 11/14/2019)

Nov. 14, 2019

Nov. 14, 2019

PACER
72

MOTION to Appear Pro Hac Vice for Danielle Y. Conley (Filing fee $100, receipt number 0416-8350486.) by Mayor and City Council Of Baltimore(Farmer, Emily) (Entered: 11/14/2019)

Nov. 14, 2019

Nov. 14, 2019

PACER
71

MOTION to Appear Pro Hac Vice for Jonathan E. Paikin (Filing fee $100, receipt number 0416-8350479.) by Mayor and City Council Of Baltimore(Farmer, Emily) (Entered: 11/14/2019)

Nov. 14, 2019

Nov. 14, 2019

PACER
70

NOTICE of Appearance by Emily Farmer on behalf of Mayor and City Council Of Baltimore (Farmer, Emily) (Entered: 11/14/2019)

Nov. 14, 2019

Nov. 14, 2019

PACER
79

PAPERLESS ORDER granting 74 Motion to Appear Pro Hac Vice on behalf of Jamie Yood. Directing attorney Jamie Yood to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 11/18/2019. (srd, Deputy Clerk) (Entered: 11/18/2019)

Nov. 18, 2019

Nov. 18, 2019

PACER
78

PAPERLESS ORDER granting 73 Motion to Appear Pro Hac Vice on behalf of Molly M Jennings. Directing attorney Molly M Jennings to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 11/18/2019. (srd, Deputy Clerk) (Entered: 11/18/2019)

Nov. 18, 2019

Nov. 18, 2019

PACER
77

PAPERLESS ORDER granting 72 Motion to Appear Pro Hac Vice on behalf of Danielle Yvette Conley. Attorney Danielle Yvette Conley will receive a separate email with the previously issued CM/ECF login and password. Signed by Clerk on 11/18/2019. (srd, Deputy Clerk) (Entered: 11/18/2019)

Nov. 18, 2019

Nov. 18, 2019

PACER
76

PAPERLESS ORDER granting 71 Motion to Appear Pro Hac Vice on behalf of Jonathan Paikin. Directing attorney Jonathan Paikin to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 11/18/2019. (srd, Deputy Clerk) (Entered: 11/18/2019)

Nov. 18, 2019

Nov. 18, 2019

PACER
75

MOTION to Modify Scheduling Order re 69 Scheduling Order, MOTION to Stay Discovery Pending Resolution of Motion to Modify Scheduling Order by Michael R. Pompeo, Donald J. Trump, U.S. Department of State (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Text of Proposed Order)(Luh, James) (Entered: 11/18/2019)

1 Memorandum in Support

View on PACER

2 Text of Proposed Order

View on PACER

3 Text of Proposed Order

View on PACER

Nov. 18, 2019

Nov. 18, 2019

PACER

Case reassigned to Judge Ellen L. Hollander. Judge Stephanie A. Gallagher no longer assigned to the case. (cags, Deputy Clerk)

Nov. 19, 2019

Nov. 19, 2019

PACER

Case Assigned/Reassigned

Nov. 19, 2019

Nov. 19, 2019

PACER
80

STATUS REPORT Joint Status Report Including Plaintiff's Request to Modify Scheduling Order by Mayor and City Council Of Baltimore(Lewis, John) (Entered: 11/19/2019)

Nov. 19, 2019

Nov. 19, 2019

PACER
81

RESPONSE in Opposition re 75 MOTION to Modify Scheduling Order re 69 Scheduling Order MOTION to Stay Discovery Pending Resolution of Motion to Modify Scheduling Order filed by Mayor and City Council Of Baltimore. (Attachments: # 1 Exhibit Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10)(Lewis, John) (Entered: 11/26/2019)

1 Exhibit Index of Exhibits

View on PACER

2 Exhibit 1

View on PACER

3 Exhibit 2

View on PACER

4 Exhibit 3

View on PACER

5 Exhibit 4

View on PACER

6 Exhibit 5

View on PACER

7 Exhibit 6

View on PACER

8 Exhibit 7

View on PACER

9 Exhibit 8

View on PACER

10 Exhibit 9

View on PACER

11 Exhibit 10

View on PACER

Nov. 26, 2019

Nov. 26, 2019

PACER
82

REPLY to Response to Motion re 75 MOTION to Modify Scheduling Order re 69 Scheduling Order MOTION to Stay Discovery Pending Resolution of Motion to Modify Scheduling Order (Reply Memorandum in Support of Motion to Modify Scheduling Order) filed by Michael R. Pompeo, Donald J. Trump, U.S. Department of State.(Luh, James) (Entered: 12/04/2019)

Dec. 4, 2019

Dec. 4, 2019

PACER
83

MOTION for Extension of Time to Respond to Plaintiff's November 15, 2019, Discovery Requests by Michael R. Pompeo, Donald J. Trump, U.S. Department of State (Attachments: # 1 Text of Proposed Order)(Luh, James) (Entered: 12/11/2019)

1 Text of Proposed Order

View on PACER

Dec. 11, 2019

Dec. 11, 2019

PACER
84

ORDER GRANTING 83 Motion for Extension of Time to Respond to Plaintiff's November 15, 2019, Discovery Requests. Signed by Judge Ellen L. Hollander on 12/12/2019. (hmls, Deputy Clerk) (Entered: 12/12/2019)

Dec. 12, 2019

Dec. 12, 2019

PACER
85

Request for Conference (Sangree, Suzanne) (Entered: 12/13/2019)

Dec. 13, 2019

Dec. 13, 2019

PACER
87

PAPERLESS ORDER. A telephone conference has been scheduled for December 19, 2019, at 5:00 p.m. Counsel for plaintiff is to initiate the call to defense counsel and then to chambers. Signed by Judge Ellen L. Hollander on 12/16/2019. (kw, Chambers) (Entered: 12/16/2019)

Dec. 16, 2019

Dec. 16, 2019

PACER
86

RESPONSE re 85 Request for Conference (Defendants' Response to Plaintiff's Letter Request for Hearing) filed by Michael R. Pompeo, Donald J. Trump, U.S. Department of State.(Luh, James) (Entered: 12/16/2019)

Dec. 16, 2019

Dec. 16, 2019

PACER
90

PAPERLESS ORDER. The telephone conference scheduled for December 19, 2019, has been cancelled. Signed by Judge Ellen L. Hollander on 12/19/2019. (kw, Chambers) (Entered: 12/19/2019)

Dec. 19, 2019

Dec. 19, 2019

PACER
89

ORDER VACATING 69 Scheduling Order; GRANTING IN PART AND DENYING IN PART 75 Motion to Modify Scheduling Order. Signed by Judge Ellen L. Hollander on 12/19/2019. (hmls, Deputy Clerk) (Entered: 12/19/2019)

Dec. 19, 2019

Dec. 19, 2019

PACER
88

MEMORANDUM OPINION. Signed by Judge Ellen L. Hollander on 12/19/2019. (hmls, Deputy Clerk) (Entered: 12/19/2019)

Dec. 19, 2019

Dec. 19, 2019

RECAP
91

NOTICE by Mayor and City Council Of Baltimore (Lewis, John) (Entered: 01/31/2020)

Jan. 31, 2020

Jan. 31, 2020

PACER
92

MOTION for Leave to File Supplemental Complaint by Mayor and City Council Of Baltimore (Attachments: # 1 Memorandum in Support, # 2 Exhibit)(Lewis, John) (Entered: 02/07/2020)

1 Memorandum in Support

View on PACER

2 Exhibit

View on PACER

Feb. 7, 2020

Feb. 7, 2020

PACER
93

RESPONSE in Opposition re 92 MOTION for Leave to File Supplemental Complaint (Memorandum in Opposition to Motion for Leave to Supplement Complaint) filed by Michael R. Pompeo, Donald J. Trump, U.S. Department of State.(Luh, James) (Entered: 02/20/2020)

Feb. 20, 2020

Feb. 20, 2020

PACER
95

MEMORANDUM OPINION. Signed by Judge Ellen L. Hollander on 9/20/2019. (hmls, Deputy Clerk) (Entered: 02/21/2020)

Feb. 21, 2020

Feb. 21, 2020

RECAP

Case Details

State / Territory: Maryland

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 28, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The City of Baltimore.

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 State, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Disparate Treatment

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination-basis:

Immigration status

National origin discrimination

Race discrimination

Race:

Race, unspecified

Benefit Source:

Medicaid

Medicare

Immigration/Border:

Admission - criteria

Deportation - criteria

U.S. citizenship - acquiring

Visas - criteria

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern

Hispanic

Other