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

Closed Date: Feb. 23, 2023

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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 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.

After the court stayed the case on February 19, 2021, no ruling was issued on the parties’ pending summary-judgment motions. The case remained paused while the new administration reconsidered the challenged public-charge policies. Although DHS formally abandoned its own public-charge rule on March 9, 2021, the State Department policy challenged here was still officially on the books, even though it remained enjoined nationwide.

On September 20, 2023, the parties filed a stipulation dismissing the case without prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The parties agreed that each side would bear its own attorneys’ fees and costs. The case therefore ended without a final merits ruling on the City’s claims.

The case is closed.

Summary Authors

Ashton Dubey (10/2/2019)

Jack Kanarek (3/14/2021)

Jacob Chang (4/21/2026)

People

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

Judge(s)

Attorney for Plaintiff

Bilbrough, Natalie Rose (Maryland)

Attorney for Defendant

Biden, Joseph R. (Maryland)

Expert/Monitor/Master/Other

Addo, Michael K (Maryland)

Baluch, Ejaz Hussain Jr. (Maryland)

Barbero, Megan (District of Columbia)

Judge(s)

Hollander, Ellen Lipton (Maryland)

Attorney for Plaintiff

Bilbrough, Natalie Rose (Maryland)

Conley, Danielle (District of Columbia)

Farmer, Emily (District of Columbia)

Jennings, Molly (District of Columbia)

Jones, Karianne M. (District of Columbia)

Lev, Sean A. (Maryland)

Lewis, Jane Hannah (Maryland)

Lewis, John T. (District of Columbia)

Martinez, Elizabeth (New Mexico)

Moore, Dana Petersen (Maryland)

Paikin, Jonathan E (District of Columbia)

Sangree, Suzanne (Maryland)

Seel, Benjamin (District of Columbia)

Yood, Jamie (District of Columbia)

Attorney for Defendant

Biden, Joseph R. (Maryland)

Luh, James C. (District of Columbia)

Pompeo, Michael R. (Maryland)

State, U.S. Department (Maryland)

Other

Addo, Michael K (Maryland)

Baluch, Ejaz Hussain Jr. (Maryland)

Barbero, Megan (District of Columbia)

Bondy, Thomas M. (District of Columbia)

Davis, Peter E (District of Columbia)

Gardner, Debra Lynn (Maryland)

Grogg, Adam Anderson (District of Columbia)

Havemann, William Ernest (District of Columbia)

Jones, Robert Stanton (Maryland)

Kathawala, Rene (New York)

Lattner, Edward Barry (Maryland)

Lee, Harry (Maryland)

Letter, Douglas (District of Columbia)

Nannery, Valerie M (District of Columbia)

Rock, Jimmy (Maryland)

Tatelman, Todd B. (District of Columbia)

Verduzco, Brenda Ayon (California)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:18-cv-03636	Civil Docket for Case #: 1:18-cv-03636-ELH 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	Sept. 20, 2019	Sept. 20, 2019 Order/Opinion 416 F.Supp.3d 452
88 1:18-cv-03636	Memorandum Opinion	Dec. 19, 2019	Dec. 19, 2019 Order/Opinion 429 F.Supp.3d 128
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
203 1:18-cv-03636	Stipulation of Dismissal Mayor and City Council of Baltimore v. Biden	Sept. 20, 2023	Sept. 20, 2023 Pleading / Motion / Brief

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Baltimore v. Trump Democracy Forward	In January 2018, the Trump Administration made an unlawful, under-the-radar change to the State Department’s definition of “public charge,” a provision in immigration law that limits who may come to …	May 15, 2020	May 15, 2020 https://democracyforward.org/...

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Docket

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

Last updated July 7, 2026, 6:07 a.m.

ECF Number	Date	Description	Link
1	Nov. 28, 2018	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 View on RECAP 2 Civil Cover Sheet View on PACER 3 Summons View on PACER 4 Summons View on PACER 5 Summons View on PACER 6 Summons View on PACER 7 Summons View on PACER	Clearinghouse
2	Nov. 28, 2018	Local Rule 103.3 Disclosure Statement by Mayor and City Council Of Baltimore (Sangree, Suzanne) (Entered: 11/28/2018)	RECAP
3	Nov. 28, 2018	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)	RECAP
4	Nov. 28, 2018	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)	RECAP
5	Nov. 28, 2018	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)	RECAP
6	Nov. 28, 2018	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 View on PACER 2 Pompeo View on PACER 3 U.S. Attorney General View on PACER 4 U.S. Attorney for MD View on PACER	RECAP
7	Nov. 30, 2018	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)	RECAP
8	Nov. 30, 2018	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)	RECAP
9	Dec. 3, 2018	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)	RECAP
10	Dec. 10, 2018	SUMMONS Returned Executed by Mayor and City Council Of Baltimore. All Defendants. (Attachments: # 1 Affidavit)(Lewis, John) (Entered: 12/10/2018) 1 Affidavit View on PACER	RECAP
	Dec. 11, 2018	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	Set/Reset Deadlines
11	Jan. 16, 2019	NOTICE of Appearance by James C Luh on behalf of All Defendants (Luh, James) (Entered: 01/16/2019)	RECAP
12	Jan. 16, 2019	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)	RECAP
13	Jan. 16, 2019	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)	RECAP
14	Jan. 16, 2019	ORDER DENYING 12 Motion to Stay. Signed by Judge Ellen L. Hollander on 1/16/2019. (hmls, Deputy Clerk) (Entered: 01/17/2019)	RECAP
15	Feb. 22, 2019	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)	RECAP
16	Feb. 25, 2019	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)	RECAP
17	Feb. 25, 2019	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 View on PACER 2 Exhibit A View on PACER	RECAP
18	Feb. 25, 2019	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)	RECAP
19	Feb. 26, 2019	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 View on PACER	RECAP
20	March 1, 2019	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)	RECAP
21	March 5, 2019	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 View on PACER	RECAP
22	March 5, 2019	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)	RECAP
23	March 12, 2019	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 View on PACER	RECAP
24	March 12, 2019	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)	RECAP
25	March 15, 2019	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)	RECAP
26	March 21, 2019	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)	RECAP
27	March 22, 2019	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 View on PACER 2 Text of Proposed Order Proposed Order Granting Movants' Motion for Leave to View on PACER	RECAP
28	March 22, 2019	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 View on PACER	RECAP
29	March 22, 2019	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)	RECAP
30	March 22, 2019	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)	RECAP
31	March 22, 2019	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 View on PACER	RECAP
32	March 22, 2019	Local Rule 103.3 Disclosure Statement by Public Justice Center (Baluch, Ejaz) (Entered: 03/22/2019)	RECAP
33	March 22, 2019	Local Rule 103.3 Disclosure Statement by Capital Area Immigrant Rights Coalition (Baluch, Ejaz) (Entered: 03/22/2019)	RECAP
34	March 22, 2019	Local Rule 103.3 Disclosure Statement by CASA of Maryland, Inc. (Baluch, Ejaz) (Entered: 03/22/2019)	RECAP
35	March 22, 2019	Local Rule 103.3 Disclosure Statement by Catholic Charities of of Baltimore, Immigration Legal Services (Baluch, Ejaz) (Entered: 03/22/2019)	RECAP
36	March 22, 2019	Local Rule 103.3 Disclosure Statement by Episcopal Refugee and Immigrant Center Alliance (Baluch, Ejaz) (Entered: 03/22/2019)	RECAP
37	March 22, 2019	Local Rule 103.3 Disclosure Statement by Asian Americans Advancing Justice Los Angeles (Jones, Robert Stanton) (Entered: 03/22/2019)	RECAP
38	March 22, 2019	Local Rule 103.3 Disclosure Statement by LatinoJustice PRLDEF (Jones, Robert Stanton) (Entered: 03/22/2019)	RECAP
39	March 22, 2019	Local Rule 103.3 Disclosure Statement by Muslim Advocates (Jones, Robert Stanton) (Entered: 03/22/2019)	RECAP
40	March 22, 2019	Local Rule 103.3 Disclosure Statement by Refugee and Immigrant Center for Education and Legal Services, Inc. (Jones, Robert Stanton) (Entered: 03/22/2019)	RECAP
41	March 22, 2019	Local Rule 103.3 Disclosure Statement by Americans for Immigrant Justice (Jones, Robert Stanton) (Entered: 03/22/2019)	RECAP
42	March 22, 2019	Local Rule 103.3 Disclosure Statement by Black Alliance for Just Immigration (Jones, Robert Stanton) (Entered: 03/22/2019)	RECAP
43	March 22, 2019	Local Rule 103.3 Disclosure Statement by National Immigrant Justice Center (Jones, Robert Stanton) (Entered: 03/22/2019)	RECAP
44	March 22, 2019	Local Rule 103.3 Disclosure Statement by MacArthur Justice Center (Jones, Robert Stanton) (Entered: 03/22/2019)	RECAP
45	March 22, 2019	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)	RECAP
46	March 23, 2019	Local Rule 103.3 Disclosure Statement by Southern Poverty Law Center (Jones, Robert Stanton) (Entered: 03/23/2019)	RECAP
47	March 23, 2019	Local Rule 103.3 Disclosure Statement by American Immigration Council (Jones, Robert Stanton) (Entered: 03/23/2019)	RECAP
48	March 23, 2019	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)	RECAP
49	March 23, 2019	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)	RECAP
50	March 23, 2019	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)	RECAP
51	March 23, 2019	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)	RECAP
52	March 23, 2019	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)	RECAP
53	March 23, 2019	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)	RECAP
54	March 25, 2019	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 View on PACER	RECAP
55	March 25, 2019	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)	RECAP
56	April 25, 2019	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)	RECAP
57	June 4, 2019	NOTICE by Mayor and City Council Of Baltimore of Supplemental Authority (Attachments: # 1 Exhibit A)(Lewis, John) (Entered: 06/04/2019) 1 Exhibit A View on PACER	RECAP
58	June 6, 2019	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)	RECAP
59	Sept. 20, 2019	MEMORANDUM OPINION. Signed by Judge Ellen L. Hollander on 9/20/2019. (hmls, Deputy Clerk) (Entered: 09/23/2019)	Clearinghouse
60	Sept. 20, 2019	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)	RECAP
61	Sept. 23, 2019	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)	RECAP
62	Sept. 23, 2019	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)	RECAP
	Sept. 24, 2019	Case Assigned/Reassigned
	Sept. 24, 2019	Case reassigned to Judge Stephanie A. Gallagher. Judge Ellen L. Hollander no longer assigned to the case. (cags, Deputy Clerk)
63	Oct. 1, 2019	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)	RECAP
64	Oct. 11, 2019	NOTICE by Michael R. Pompeo, Donald J. Trump, U.S. Department of State (Defendants' Notice of Regulatory Action) (Luh, James) (Entered: 10/11/2019)	RECAP
65	Oct. 11, 2019	NOTICE of Appearance by Michael K Addo on behalf of State of California (Addo, Michael) (Entered: 10/11/2019)	RECAP
66	Oct. 11, 2019	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	RECAP
67	Oct. 15, 2019	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)	RECAP
68	Oct. 20, 2019	ANSWER to 1 Complaint, by Michael R. Pompeo, Donald J. Trump, U.S. Department of State.(Luh, James) (Entered: 10/20/2019)	RECAP
69	Nov. 5, 2019	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)	RECAP
70	Nov. 14, 2019	NOTICE of Appearance by Emily Farmer on behalf of Mayor and City Council Of Baltimore (Farmer, Emily) (Entered: 11/14/2019)	RECAP
71	Nov. 14, 2019	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)	RECAP
72	Nov. 14, 2019	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)	RECAP
73	Nov. 14, 2019	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)	RECAP
74	Nov. 14, 2019	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)	RECAP
75	Nov. 18, 2019	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	RECAP
76	Nov. 18, 2019	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)	RECAP
77	Nov. 18, 2019	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)	RECAP
78	Nov. 18, 2019	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)	RECAP
79	Nov. 18, 2019	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)	RECAP
80	Nov. 19, 2019	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)	RECAP
	Nov. 19, 2019	Case reassigned to Judge Ellen L. Hollander. Judge Stephanie A. Gallagher no longer assigned to the case. (cags, Deputy Clerk)
	Nov. 19, 2019	Case Assigned/Reassigned
81	Nov. 26, 2019	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	RECAP
82	Dec. 4, 2019	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)	RECAP
83	Dec. 11, 2019	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	RECAP
84	Dec. 12, 2019	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)	RECAP
85	Dec. 13, 2019	Request for Conference (Sangree, Suzanne) (Entered: 12/13/2019)	RECAP
86	Dec. 16, 2019	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)	RECAP
87	Dec. 16, 2019	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)	RECAP
88	Dec. 19, 2019	MEMORANDUM OPINION. Signed by Judge Ellen L. Hollander on 12/19/2019. (hmls, Deputy Clerk) (Entered: 12/19/2019)	Clearinghouse
89	Dec. 19, 2019	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)	RECAP
90	Dec. 19, 2019	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)	RECAP
91	Jan. 31, 2020	NOTICE by Mayor and City Council Of Baltimore (Lewis, John) (Entered: 01/31/2020)	RECAP
92	Feb. 7, 2020	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	RECAP
93	Feb. 20, 2020	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)	RECAP
94	Feb. 21, 2020	MEMORANDUM to Counsel re: West Publishing. Signed by Judge Ellen L. Hollander on 2/21/2020. (hmls, Deputy Clerk) (Entered: 02/21/2020)	RECAP

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Case Details

State / Territory:

Maryland

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Trump Administration 1.0: Challenges to the Government

Key Dates

Filing Date: Nov. 28, 2018

Closing Date: Feb. 23, 2023

Case Ongoing: No

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

Federal

U.S. Department of State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Due Process

Equal Protection

Other Dockets:

District of Maryland 1:18-cv-03636

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

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

Benefits (Source):

Medicaid

Medicare

Discrimination Area:

Disparate Treatment

Discrimination Basis:

Immigration status

National origin discrimination

Race discrimination

Affected National Origin/Ethnicity(s):

Arab/Afgani/Middle Eastern

Hispanic

Other

Affected Race(s):

Race, unspecified

Immigration/Border:

Admission - criteria

Deportation - criteria

U.S. citizenship - acquiring

Visas - criteria

Recommended Citation

Case Summary of Mayor and City Council of Baltimore v. Trump, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/17021/ (last updated 4/21/2026).