Case: P.L v. U.S. Immigration and Customs Enforcement

1:19-cv-01336 | U.S. District Court for the Southern District of New York

Filed Date: Feb. 12, 2019

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Case Summary

On February 12, 2019, seven immigrants, Brooklyn Defender Services, and Legal Aid filed this class action lawsuit in the U.S. District Court for the Southern District of New York alleging they had a constitutional and statutory right to attend immigration court and removal proceedings in person, instead of by video teleconference hearings (VTC). The plaintiffs sued U.S. Immigration and Customs Enforcement (ICE), U.S. Department of Homeland Security (DHS), U.S. Department of Justice (DOJ), Executive Office for Immigration Review (EOIR), and associated officials. The plaintiffs sought a declaration that their protections guaranteed by the First Amendment, Fifth Amendment, the Immigration and Nationality Act (INA), the Administrative Procedure Act (APA), and the Rehabilitation Act had been violated. The plaintiffs claimed that they were denied the right to have an in person hearing in front of Immigration Court. According to the complaint, VTC-only hearing have had disastrous effects on detailed immigrants, the ability of their attorneys to effectively represent them, and the efficiency of the immigration court.

The named plaintiffs in this case are seven immigrants who were detained in jails outside of New York City and required to appear for removal proceedings through VTC. Prior to June 2018, detained immigrants had their removal proceedings in person. On June 27, 2018, ICE's New York Field Office announced that the majority of future proceedings would be conducted through VTC. Issues such as the plaintiffs feeling discouraged to testify about sensitive personal information vital to their case via VTC while in the presence of ICE agents and delays due to foreign language interpretation services or accommodations added to the difficulty of testifying. In addition, the plaintiffs alleged that the VTC policy had experienced numerous technological and scheduling challenges, including poor connections, technological failures, over-scheduling, and a limited number VTC lines, resulting in adjourned and delayed hearings and correspondingly increasing immigrants' time in detention.

Prior to this lawsuit, the New York Immigrant Family Unity Program ("NYIFUP"), New York City's first-in-the-nation appointed counsel program for detained immigrants who cannot afford an attorney, was able to screen and identify clients in on-site intake interviews at the Varick Street Immigration Court on the day of clients' initial appearances. NYIFUP has increased the rate of successful outcomes by 1,100 percent since 2013. This service reduced unnecessary detention and illegal deportation, representing approximately 35 percent of immigrants in proceedings before the Varick Street Immigration Court. Without the in-person hearings, NYIFUP is unable to identify potential clients.

On February 15, 2019, the plaintiffs filed a motion to certify their class, and on February 26, 2019, they filed a motion for a preliminary injunction to produce detainees to their removal proceedings in person. On April 15, 2019, the defendants filed a motion to dismiss.

On June 21, 2019, Judge Andrew L. Carter filed an opinion and order denying the plaintiff’s motions for class certification and for preliminary injunction and approving the defendant’s motion to dismiss for lack of subject matter jurisdiction. 2019 WL 2568648. Though Judge Carter, a former federal public defender, noted he was "sympathetic to the plaintiffs' claims," he dismissed the case because under § 1252(b)(9) of the INA he was jurisdictionally barred from hearing the action. Under § 1252(b)(9) of the INA, judicial review, including interpretation and application of constitutional and statutory provisions, arising from actions to remove a noncitizen was only available in judicial review of a final order of removal. In this case, because the plaintiffs were challenging part of the process by which removability will be determined, the court did not have jurisdiction.

The next day, on July 22, 2019, the plaintiffs submitted a motion to alter the judgment. In it, they argued that because bond hearings were separate from removal proceedings, the court did have jurisdiction. Judge Carter denied in part and stayed in part that motion in a March 13, 2020, order. 2020 WL 1233761. He rejected the plaintiffs' claim that bond hearings were not part of the removal process, and thus subject to the court's jurisdiction, finding they did not bring this claim in their original complaint. However, he stayed the plaintiffs' claim that the defendants' actions violated the APA in light of Regents of the University of California v. U.S. Department of Homeland Security, which was then pending before the Supreme Court. That case concerned the legality under the APA of the Trump Administration's recision of the DACA program.

The Supreme Court decided Regents of the University of California on June 18, 2020. 140 S. Ct. 1891. Judge Carter asked the parties to submit letters discussing that case's effect on the remaining APA claim on November 9. 2020.

However, after the additional briefing, Judge Carter denied the plaintiffs' remaining claims. 2021 WL 275690. He found that Regents of the University of California did not provide any new support for their claims or allow them to circumvent the jurisdictional issues raised in his June 2019 opinion.

The plaintiffs filed a notice of appeal to the U.S. Court of Appeals for the Second Circuit in March of 2021. However, on July 12, 2021, they stipulated to the dismissal of the appeal. The case is now presumably closed.

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Summary Authors

Emma Himes (10/24/2019)

Jonah Hudson-Erdman (9/12/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14551002/parties/pl-v-us-immigration-and-customs-enforcement/

Judge(s)

Carter, Andrew Lamar Jr. (New York)

Attorney for Plaintiff

Boisture, Pooja Ashok (New York)

Borchetta, Jennifer Rolnick (New York)

Bouchoux, Christopher Jean (New York)

Attorney for Defendant

Cha-Kim, Stephen Seungkun (New York)

Judge(s)

Carter, Andrew Lamar Jr. (New York)

Attorney for Plaintiff

Boisture, Pooja Ashok (New York)

Borchetta, Jennifer Rolnick (New York)

Bouchoux, Christopher Jean (New York)

Dennhardt, Jeffrey Andrew (New York)

Dona, Julie Ann (New York)

Gittes, Susan Reagan (New York)

Gunther, Robert J. Jr. (New York)

Jr, Robert J. (New York)

Kinder, William C. (New York)

Marquez, S. Lucas (New York)

Marquez, Sonia (New York)

Menschel, Brooke (New York)

Nitsche, Jessica (New York)

Rahman, Shakeer (New York)

Rehnquist, Dana (New York)

Rosh, Samuel (New York)

Steinberg, Johanna B. (New York)

Williams, Jennifer Ann (New York)

Attorney for Defendant

Cha-Kim, Stephen Seungkun (New York)

Kochevar, Steven J. (New York)

Shapiro, Akiva (New York)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:19-cv-01336	Docket [PACER] P.L. v. U.S. Immigration and Customs Enforcement	July 12, 2021	July 12, 2021 Docket
2 1:19-cv-01336	Class Action Complaint	Feb. 12, 2019	Feb. 12, 2019 Complaint
102 1:19-cv-01336	Opinion and Order P.L. v. U.S. Immigration and Customs Enforcement	June 21, 2019	June 21, 2019 Order/Opinion 2019 WL 2568648
120 1:19-cv-01336	Order P.L. v. U.S. Immigration and Customs Enforcement	March 13, 2020	March 13, 2020 Order/Opinion 2020 WL 1233761
130 1:19-cv-01336	Opinion P.L. v. U.S. Immigration and Customs Enforcement	Jan. 27, 2021	Jan. 27, 2021 Order/Opinion 2021 WL 275690

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/14551002/pl-v-us-immigration-and-customs-enforcement/

Last updated March 22, 2025, 11:17 a.m.

ECF Number	Description	Date	Link Date / Link
1	ORDER - TO BE FILED UNDER SEAL: COMPLAINT; OTHER DOCUMENTS/EXHIBITS (Signed by Judge Edgardo Ramos on 2/12/2019) (pne) (Entered: 02/13/2019)	Feb. 12, 2019	Feb. 12, 2019 RECAP
2	COMPLAINT against Matthew T. Albence, Daniel J. Daugherty, Thomas R. Decker, Executive Office for Immigration Review, William P. Joyce, James McHenry, Kirstjen Nielsen, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, United States Department of Justice, Ronald Vitiello, Matthew G. Whitaker. (Filing Fee $ 400.00, Receipt Number 465401228743)Document filed by J.C., A.Q., P.L., B.M.B., K.T., Legal Aid Society, Brooklyn Defender Services, R.F.J., Bronx Defenders, A.R.B..(pne) (jgo). (Entered: 02/13/2019)	Feb. 12, 2019	Feb. 12, 2019 Clearinghouse
3	CIVIL COVER SHEET filed. (pne) (jgo). (Entered: 02/13/2019)	Feb. 12, 2019	Feb. 12, 2019 PACER
	Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (pne)	Feb. 12, 2019	Feb. 12, 2019 PACER
	Case Designated ECF. (pne)	Feb. 12, 2019	Feb. 12, 2019 PACER
4	SEALED DOCUMENT placed in vault.(mhe) (Entered: 02/13/2019)	Feb. 12, 2019	Feb. 12, 2019 PACER
5	ORDER GRANTING PLAINTIFF'S EX PARTE APPLICATION TO FILE COMPLAINT AND ACCOMPANYING PAPERS UNDER SEAL AND MOTION FOR LEAVE TO PROCEED UNDER PSEUDONYMS, IT IS HEREBY ORDERED THAT: Plaintiffs' Ex Parte Application to File Complaint and Accompanying Papers Under Seal and Motion for Leave to Proceed Under Pseudonyms is GRANTED. Versions of the Complaint, Civil Cover Sheet, and Plaintiffs' Ex Parte Application to File Complaint and Accompanying Papers Under Seal and Motion for Leave to Proceed Under Pseudonyms containing the full names of the Representative Plaintiffs shall be placed under seal until such time as the Court may order them unsealed, as further set forth in this Order. (Signed by (Judge Edgardo Ramos) Part One on 2/12/2019) (kv) (Entered: 02/13/2019)	Feb. 13, 2019	Feb. 13, 2019 PACER
6	NOTICE OF APPEARANCE by Robert J. Gunther, Jr on behalf of A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, R.F.J.. (Gunther, Robert) (Entered: 02/14/2019)	Feb. 14, 2019	Feb. 14, 2019 PACER
7	NOTICE OF APPEARANCE by Christopher Jean Bouchoux on behalf of A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, R.F.J.. (Bouchoux, Christopher) (Entered: 02/14/2019)	Feb. 14, 2019	Feb. 14, 2019 PACER
8	NOTICE OF APPEARANCE by Jeffrey Andrew Dennhardt on behalf of A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, R.F.J.. (Dennhardt, Jeffrey) (Entered: 02/14/2019)	Feb. 14, 2019	Feb. 14, 2019 PACER
9	NOTICE OF APPEARANCE by William Clark Kinder on behalf of A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, R.F.J.. (Kinder, William) (Entered: 02/14/2019)	Feb. 14, 2019	Feb. 14, 2019 PACER
10	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Brooklyn Defender Services.(Gunther, Robert) (Entered: 02/14/2019)	Feb. 14, 2019	Feb. 14, 2019 PACER
11	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bronx Defenders.(Gunther, Robert) (Entered: 02/14/2019)	Feb. 14, 2019	Feb. 14, 2019 PACER
12	NOTICE OF APPEARANCE by Susan Reagan Gittes on behalf of J.C., Legal Aid Society. (Gittes, Susan) (Entered: 02/14/2019)	Feb. 14, 2019	Feb. 14, 2019 PACER
13	NOTICE OF APPEARANCE by Pooja Ashok Boisture on behalf of J.C., Legal Aid Society. (Boisture, Pooja) (Entered: 02/14/2019)	Feb. 14, 2019	Feb. 14, 2019 PACER
14	NOTICE OF APPEARANCE by Dana Rehnquist on behalf of J.C., Legal Aid Society. (Rehnquist, Dana) (Entered: 02/14/2019)	Feb. 14, 2019	Feb. 14, 2019 PACER
15	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Legal Aid Society.(Gittes, Susan) (Entered: 02/15/2019)	Feb. 15, 2019	Feb. 15, 2019 PACER
16	NOTICE OF APPEARANCE by Jennifer Rolnick Borchetta on behalf of A.Q., A.R.B., B.M.B., Bronx Defenders, J.C., K.T., P.L., R.F.J.. (Borchetta, Jennifer) (Entered: 02/15/2019)	Feb. 15, 2019	Feb. 15, 2019 PACER
17	MOTION to Certify Class . Document filed by A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, R.F.J..(Gunther, Robert) (Entered: 02/15/2019)	Feb. 15, 2019	Feb. 15, 2019 PACER
18	MEMORANDUM OF LAW in Support re: 17 MOTION to Certify Class . . Document filed by A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, R.F.J.. (Gunther, Robert) (Entered: 02/15/2019)	Feb. 15, 2019	Feb. 15, 2019 PACER
19	DECLARATION of William C. Kinder in Support re: 17 MOTION to Certify Class .. Document filed by A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, R.F.J.. (Attachments: # 1 Exhibit 1 - USDOJ, Executive Office of Immigration Review's Statistics Yearbook: Fiscal Year 2017, # 2 Exhibit 2 - "Immigration Court Backlog Jumps While Case Processing Slows" June 8, 2018, # 3 Exhibit 3 - Joyce Letter to Gunther, Nov. 7 2018, # 4 Exhibit 4 - Decker Letter to Gunther, Nov. 30 2018, # 5 Exhibit 5 - ACLU Report)(Gunther, Robert) (Entered: 02/15/2019)	Feb. 15, 2019	Feb. 15, 2019 PACER
20	DECLARATION of Robert J. Gunther, Jr. in Support re: 17 MOTION to Certify Class .. Document filed by A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, R.F.J.. (Gunther, Robert) (Entered: 02/15/2019)	Feb. 15, 2019	Feb. 15, 2019 PACER
21	DECLARATION of Susan Reagan Gittes in Support re: 17 MOTION to Certify Class .. Document filed by A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, R.F.J.. (Gunther, Robert) (Entered: 02/15/2019)	Feb. 15, 2019	Feb. 15, 2019 PACER
22	DECLARATION of Andrea Saenz in Support re: 17 MOTION to Certify Class .. Document filed by A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, R.F.J.. (Gunther, Robert) (Entered: 02/15/2019)	Feb. 15, 2019	Feb. 15, 2019 PACER
23	DECLARATION of Brooke Menschel in Support re: 17 MOTION to Certify Class .. Document filed by A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, R.F.J.. (Gunther, Robert) (Entered: 02/15/2019)	Feb. 15, 2019	Feb. 15, 2019 PACER
24	DECLARATION of Jenn Rolnick Borchetta in Support re: 17 MOTION to Certify Class .. Document filed by A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, R.F.J.. (Gunther, Robert) (Entered: 02/15/2019)	Feb. 15, 2019	Feb. 15, 2019 PACER
25	DECLARATION of Julie Dona in Support re: 17 MOTION to Certify Class .. Document filed by A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, R.F.J.. (Gunther, Robert) (Entered: 02/15/2019)	Feb. 15, 2019	Feb. 15, 2019 PACER
26	DECLARATION of A.Q. in Support re: 17 MOTION to Certify Class .. Document filed by A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, R.F.J.. (Gunther, Robert) (Entered: 02/15/2019)	Feb. 15, 2019	Feb. 15, 2019 PACER
27	DECLARATION of A.R.B in Support re: 17 MOTION to Certify Class .. Document filed by A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, R.F.J.. (Gunther, Robert) (Entered: 02/15/2019)	Feb. 15, 2019	Feb. 15, 2019 PACER
28	DECLARATION of B.M.B in Support re: 17 MOTION to Certify Class .. Document filed by A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, R.F.J.. (Gunther, Robert) (Entered: 02/15/2019)	Feb. 15, 2019	Feb. 15, 2019 PACER
29	DECLARATION of J.C. in Support re: 17 MOTION to Certify Class .. Document filed by A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, R.F.J.. (Gunther, Robert) (Entered: 02/15/2019)	Feb. 15, 2019	Feb. 15, 2019 PACER
30	DECLARATION of K.T. in Support re: 17 MOTION to Certify Class .. Document filed by A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, R.F.J.. (Gunther, Robert) (Entered: 02/15/2019)	Feb. 15, 2019	Feb. 15, 2019 PACER
31	DECLARATION of P.L. in Support re: 17 MOTION to Certify Class .. Document filed by A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, R.F.J.. (Gunther, Robert) (Entered: 02/15/2019)	Feb. 15, 2019	Feb. 15, 2019 PACER
32	DECLARATION of R.F.J in Support re: 17 MOTION to Certify Class .. Document filed by A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, R.F.J.. (Gunther, Robert) (Entered: 02/15/2019)	Feb. 15, 2019	Feb. 15, 2019 PACER
33	PROPOSED ORDER. Document filed by A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, R.F.J.. Related Document Number: [ 17 ]. (Gunther, Robert) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 02/15/2019)	Feb. 15, 2019	Feb. 15, 2019 PACER
	***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 33 Proposed Order was reviewed and approved as to form. (dt)	Feb. 19, 2019	Feb. 19, 2019 PACER
34	NOTICE OF APPEARANCE by Shakeer Mostafa Rahman on behalf of A.Q., A.R.B., B.M.B., Bronx Defenders, J.C., K.T., P.L., R.F.J.. (Rahman, Shakeer) (Entered: 02/20/2019)	Feb. 20, 2019	Feb. 20, 2019 PACER
35	CONSENT LETTER MOTION for Extension of Time to File Response/Reply to Motion for Class Certification addressed to Judge Andrew L. Carter, Jr. from Stephen Cha-Kim dated 02/25/2019. Document filed by Matthew T. Albence, Daniel J. Daugherty, Thomas R. Decker, Executive Office for Immigration Review, William P. Joyce, James McHenry, Kirstjen Nielsen, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, United States Department of Justice, Ronald Vitiello, Matthew G. Whitaker.(Cha-Kim, Stephen) (Entered: 02/25/2019)	Feb. 25, 2019	Feb. 25, 2019 PACER
36	MOTION for Preliminary Injunction . Document filed by A.Q., A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, J.C., K.T., Legal Aid Society, P.L., R.F.J..(Gittes, Susan) (Entered: 02/26/2019)	Feb. 26, 2019	Feb. 26, 2019 PACER
37	MEMORANDUM OF LAW in Support re: 36 MOTION for Preliminary Injunction . . Document filed by A.Q., A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, J.C., K.T., Legal Aid Society, P.L., R.F.J.. (Gittes, Susan) (Entered: 02/26/2019)	Feb. 26, 2019	Feb. 26, 2019 PACER
38	PROPOSED ORDER. Document filed by A.Q., A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, J.C., K.T., Legal Aid Society, P.L., R.F.J.. Related Document Number: 36 . (Gittes, Susan) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 02/26/2019)	Feb. 26, 2019	Feb. 26, 2019 PACER
39	DECLARATION of P.L. in Support re: 36 MOTION for Preliminary Injunction .. Document filed by A.Q., A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, J.C., K.T., Legal Aid Society, P.L., R.F.J.. (Gittes, Susan) (Entered: 02/26/2019)	Feb. 26, 2019	Feb. 26, 2019 PACER
40	DECLARATION of A.Q. in Support re: 36 MOTION for Preliminary Injunction .. Document filed by A.Q., A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, J.C., K.T., Legal Aid Society, P.L., R.F.J.. (Gittes, Susan) (Entered: 02/26/2019)	Feb. 26, 2019	Feb. 26, 2019 PACER
41	DECLARATION of K.T. in Support re: 36 MOTION for Preliminary Injunction .. Document filed by A.Q., A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, J.C., K.T., Legal Aid Society, P.L., R.F.J.. (Gittes, Susan) (Entered: 02/26/2019)	Feb. 26, 2019	Feb. 26, 2019 PACER
42	DECLARATION of R.F.J. in Support re: 36 MOTION for Preliminary Injunction .. Document filed by A.Q., A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, J.C., K.T., Legal Aid Society, P.L., R.F.J.. (Gittes, Susan) (Entered: 02/26/2019)	Feb. 26, 2019	Feb. 26, 2019 PACER
43	DECLARATION of A.R.B. in Support re: 36 MOTION for Preliminary Injunction .. Document filed by A.Q., A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, J.C., K.T., Legal Aid Society, P.L., R.F.J.. (Gittes, Susan) (Entered: 02/26/2019)	Feb. 26, 2019	Feb. 26, 2019 PACER
44	DECLARATION of B.M.B. in Support re: 36 MOTION for Preliminary Injunction .. Document filed by A.Q., A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, J.C., K.T., Legal Aid Society, P.L., R.F.J.. (Gittes, Susan) (Entered: 02/26/2019)	Feb. 26, 2019	Feb. 26, 2019 PACER
45	DECLARATION of BDS in Support re: 36 MOTION for Preliminary Injunction .. Document filed by A.Q., A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, J.C., K.T., Legal Aid Society, P.L., R.F.J.. (Gittes, Susan) (Entered: 02/26/2019)	Feb. 26, 2019	Feb. 26, 2019 PACER
46	DECLARATION of Sarah Deri Oshiro in Support re: 36 MOTION for Preliminary Injunction .. Document filed by A.Q., A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, J.C., K.T., Legal Aid Society, P.L., R.F.J.. (Gittes, Susan) (Entered: 02/26/2019)	Feb. 26, 2019	Feb. 26, 2019 PACER
47	DECLARATION of LEENA KHANDWALA in Support re: 36 MOTION for Preliminary Injunction .. Document filed by A.Q., A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, J.C., K.T., Legal Aid Society, P.L., R.F.J.. (Gittes, Susan) (Entered: 02/26/2019)	Feb. 26, 2019	Feb. 26, 2019 PACER
48	DECLARATION of POOJA A. BOISTURE in Support re: 36 MOTION for Preliminary Injunction .. Document filed by A.Q., A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, J.C., K.T., Legal Aid Society, P.L., R.F.J.. (Attachments: # 1 Exhibit 1) EOIR Report, # 2 Exhibit 2) GAO Report, # 3 Errata 3) 9/27/18 Letter from Decker, # 4 Exhibit 4) 11/7/18 Letter from Joyce, # 5 Exhibit 5) 11/30/18 Letter from Decker, # 6 Exhibit 6) 12/21/18 Letter from Decker, # 7 Exhibit 7) AP NEWS ARTICLE, # 8 Exhibit 8) Law360 Article, # 9 Exhibit 9) 12/7/18 Email from Joyce, # 10 Exhibit 10) 1/24/19 email from Daugherty, # 11 Exhibit 11) 2/5/19 email from Daugherty, # 12 Exhibit 12) Vera Institute of Justice Report)(Boisture, Pooja) (Entered: 02/26/2019)	Feb. 26, 2019	Feb. 26, 2019 PACER
	***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 38 Proposed Order was reviewed and approved as to form. (km)	Feb. 27, 2019	Feb. 27, 2019 PACER
49	ORDER granting 35 Letter Motion for Extension of Time to File Response/Reply re 35 CONSENT LETTER MOTION for Extension of Time to File Response/Reply to Motion for Class Certification addressed to Judge Andrew L. Carter, Jr. from Stephen Cha-Kim dated 02/25/2019. SO ORDERED. Responses due by 4/5/2019. (Signed by Judge Andrew L. Carter, Jr on 2/27/2019) (rj) (Entered: 02/27/2019)	Feb. 27, 2019	Feb. 27, 2019 PACER
50	ORDER: The Court is in receipt of Plaintiffs' Motion for a Preliminary Injunction. ECF No. 36. Defendants opposition is due March 11, 2019. Plaintiff's reply, if any, is due by March 18, 2019. SO ORDERED. (Set Deadlines/Hearing as to 36 MOTION for Preliminary Injunction. Responses due by 3/11/2019, Replies due by 3/18/2019.) (Signed by Judge Andrew L. Carter, Jr on 2/27/2019) (ne) (Entered: 02/27/2019)	Feb. 27, 2019	Feb. 27, 2019 PACER
51	NOTICE OF APPEARANCE by Johanna Beth Steinberg on behalf of A.Q., A.R.B., B.M.B., Bronx Defenders, J.C., K.T., P.L., R.F.J.. (Steinberg, Johanna) (Entered: 03/01/2019)	March 1, 2019	March 1, 2019 PACER
52	LETTER MOTION for Extension of Time to File Response/Reply to Motion for Preliminary Injunction addressed to Judge Andrew L. Carter, Jr. from Stephen Cha-Kim dated 3/5/2019. Document filed by Matthew T. Albence, Daniel J. Daugherty, Thomas R. Decker, Executive Office for Immigration Review, William P. Joyce, James McHenry, Kirstjen Nielsen, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, United States Department of Justice, Ronald Vitiello, Matthew G. Whitaker.(Cha-Kim, Stephen) (Entered: 03/05/2019)	March 5, 2019	March 5, 2019 PACER
53	NOTICE OF APPEARANCE by Julie Ann Dona on behalf of A.Q., A.R.B., B.M.B., J.C., K.T., Legal Aid Society, P.L., R.F.J.. (Dona, Julie) (Entered: 03/06/2019)	March 6, 2019	March 6, 2019 PACER
54	LETTER RESPONSE to Motion addressed to Judge Andrew L. Carter, Jr. from Brooke Menschel dated March 7, 2019 re: 52 LETTER MOTION for Extension of Time to File Response/Reply to Motion for Preliminary Injunction addressed to Judge Andrew L. Carter, Jr. from Stephen Cha-Kim dated 3/5/2019. . Document filed by A.Q., A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, J.C., K.T., Legal Aid Society, P.L., R.F.J.. (Menschel, Brooke) (Entered: 03/07/2019)	March 7, 2019	March 7, 2019 PACER
55	ORDER granting 52 Letter Motion for Extension of Time to File Response/Reply. The application is granted. Responses due by 4/5/2019. (Signed by Judge Andrew L. Carter, Jr on 3/8/2019) (mro) (Entered: 03/08/2019)	March 8, 2019	March 8, 2019 PACER
56	NOTICE OF APPEARANCE by Steven John Kochevar on behalf of Matthew T. Albence, Daniel J. Daugherty, Thomas R. Decker, Executive Office for Immigration Review, William P. Joyce, James McHenry, Kirstjen Nielsen, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, United States Department of Justice, Ronald Vitiello, Matthew G. Whitaker. (Kochevar, Steven) (Entered: 03/11/2019)	March 11, 2019	March 11, 2019 PACER
57	SUMMONS RETURNED EXECUTED. U.S. Immigration and Customs Enforcement served on 2/19/2019, answer due 3/12/2019. Service was made by Mail. Document filed by J.C.; A.Q.; P.L.; B.M.B.; K.T.; Legal Aid Society; Brooklyn Defender Services; R.F.J.; Bronx Defenders; A.R.B.. (Dennhardt, Jeffrey) (Entered: 03/28/2019)	March 28, 2019	March 28, 2019 PACER
58	SUMMONS RETURNED EXECUTED. U.S. Department of Homeland Security served on 2/14/2019, answer due 4/15/2019. Service was made by Mail. Document filed by J.C.; A.Q.; P.L.; B.M.B.; K.T.; Legal Aid Society; Brooklyn Defender Services; R.F.J.; Bronx Defenders; A.R.B.. (Dennhardt, Jeffrey) (Entered: 03/28/2019)	March 28, 2019	March 28, 2019 PACER
59	SUMMONS RETURNED EXECUTED. United States Department of Justice served on 2/14/2019, answer due 4/15/2019. Service was made by Mail. Document filed by J.C.; A.Q.; P.L.; B.M.B.; K.T.; Legal Aid Society; Brooklyn Defender Services; R.F.J.; Bronx Defenders; A.R.B.. (Dennhardt, Jeffrey) (Entered: 03/28/2019)	March 28, 2019	March 28, 2019 PACER
60	SUMMONS RETURNED EXECUTED. Executive Office for Immigration Review served on 2/14/2019, answer due 4/15/2019. Service was made by Mail. Document filed by J.C.; A.Q.; P.L.; B.M.B.; K.T.; Legal Aid Society; Brooklyn Defender Services; R.F.J.; Bronx Defenders; A.R.B.. (Dennhardt, Jeffrey) (Entered: 03/28/2019)	March 28, 2019	March 28, 2019 PACER
61	SUMMONS RETURNED EXECUTED. Ronald Vitiello served on 2/14/2019, answer due 4/15/2019. Service was made by Mail. Document filed by J.C.; A.Q.; P.L.; B.M.B.; K.T.; Legal Aid Society; Brooklyn Defender Services; R.F.J.; Bronx Defenders; A.R.B.. (Dennhardt, Jeffrey) (Entered: 03/28/2019)	March 28, 2019	March 28, 2019 PACER
62	SUMMONS RETURNED EXECUTED. Kirstjen Nielsen served on 2/14/2019, answer due 4/15/2019. Service was made by Mail. Document filed by J.C.; A.Q.; P.L.; B.M.B.; K.T.; Legal Aid Society; Brooklyn Defender Services; R.F.J.; Bronx Defenders; A.R.B.. (Dennhardt, Jeffrey) (Entered: 03/28/2019)	March 28, 2019	March 28, 2019 PACER
63	SUMMONS RETURNED EXECUTED. Matthew G. Whitaker served on 2/14/2019, answer due 4/15/2019. Service was made by Mail. Document filed by J.C.; A.Q.; P.L.; B.M.B.; K.T.; Legal Aid Society; Brooklyn Defender Services; R.F.J.; Bronx Defenders; A.R.B.. (Dennhardt, Jeffrey) (Entered: 03/28/2019)	March 28, 2019	March 28, 2019 PACER
64	SUMMONS RETURNED EXECUTED. Matthew T. Albence served on 2/14/2019, answer due 4/15/2019. Service was made by Mail. Document filed by J.C.; A.Q.; P.L.; B.M.B.; K.T.; Legal Aid Society; Brooklyn Defender Services; R.F.J.; Bronx Defenders; A.R.B.. (Dennhardt, Jeffrey) (Entered: 03/28/2019)	March 28, 2019	March 28, 2019 PACER
65	SUMMONS RETURNED EXECUTED. Thomas R. Decker served on 2/14/2019, answer due 4/15/2019. Service was made by Mail. Document filed by J.C.; A.Q.; P.L.; B.M.B.; K.T.; Legal Aid Society; Brooklyn Defender Services; R.F.J.; Bronx Defenders; A.R.B.. (Dennhardt, Jeffrey) (Entered: 03/28/2019)	March 28, 2019	March 28, 2019 PACER
66	SUMMONS RETURNED EXECUTED. William P. Joyce served on 2/14/2019, answer due 4/15/2019. Service was made by Mail. Document filed by J.C.; A.Q.; P.L.; B.M.B.; K.T.; Legal Aid Society; Brooklyn Defender Services; R.F.J.; Bronx Defenders; A.R.B.. (Dennhardt, Jeffrey) (Entered: 03/28/2019)	March 28, 2019	March 28, 2019 PACER
67	SUMMONS RETURNED EXECUTED. James McHenry served on 2/14/2019, answer due 4/15/2019. Service was made by Mail. Document filed by J.C.; A.Q.; P.L.; B.M.B.; K.T.; Legal Aid Society; Brooklyn Defender Services; R.F.J.; Bronx Defenders; A.R.B.. (Dennhardt, Jeffrey) (Entered: 03/28/2019)	March 28, 2019	March 28, 2019 PACER
68	SUMMONS RETURNED EXECUTED. Daniel J. Daugherty served on 2/14/2019, answer due 4/15/2019. Service was made by Mail. Document filed by J.C.; A.Q.; P.L.; B.M.B.; K.T.; Legal Aid Society; Brooklyn Defender Services; R.F.J.; Bronx Defenders; A.R.B.. (Dennhardt, Jeffrey) (Entered: 03/28/2019)	March 28, 2019	March 28, 2019 PACER
69	LETTER MOTION to File Amicus Brief addressed to Judge Andrew L. Carter, Jr. from Akiva Shapiro dated March 29, 2019. Document filed by Center for Constitutional Rights, Central American Legal Assistance, Immigrant Defense Project, New York Immigration Coalition, New Sanctuary Coalition. (Attachments: # 1 Exhibit A - Brief of Center for Constitutional Rights, et al. as Amici Curiae in support of Plaintiffs' Motion for Preliminary Injunctive Relief)(Shapiro, Akiva) (Entered: 03/29/2019)	March 29, 2019	March 29, 2019 PACER
70	NOTICE OF APPEARANCE by Sonia Marquez on behalf of A.Q., A.R.B., B.M.B., Brooklyn Defender Services, J.C., K.T., P.L., R.F.J.. (Marquez, Sonia) (Entered: 04/02/2019)	April 2, 2019	April 2, 2019 PACER
71	LETTER MOTION for Leave to File Excess Pages in Single Memorandum in Lieu of Two Separate Briefs addressed to Judge Andrew L. Carter, Jr. from Stephen Cha-Kim dated 4/2/2019. Document filed by Matthew T. Albence, Daniel J. Daugherty, Thomas R. Decker, Executive Office for Immigration Review, William P. Joyce, James McHenry, Kirstjen Nielsen, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, United States Department of Justice, Ronald Vitiello, Matthew G. Whitaker.(Cha-Kim, Stephen) (Entered: 04/02/2019)	April 2, 2019	April 2, 2019 PACER
72	ORDER granting 69 Letter Motion to File Amicus Brief. The application is granted. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/2/2019) (kv) (Entered: 04/02/2019)	April 2, 2019	April 2, 2019 PACER
73	ORDER granting 71 Letter Motion for Leave to File Excess Pages. The application is granted. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/2/2019) (kv) (Entered: 04/02/2019)	April 2, 2019	April 2, 2019 RECAP
74	NOTICE OF APPEARANCE by Samuel Rosh on behalf of J.C., Legal Aid Society. (Rosh, Samuel) (Entered: 04/03/2019)	April 3, 2019	April 3, 2019 PACER
75	BRIEF re: 72 Order on Motion to File Amicus Brief . Document filed by Center for Constitutional Rights, Central American Legal Assistance, Immigrant Defense Project, New Sanctuary Coalition, New York Immigration Coalition.(Shapiro, Akiva) (Entered: 04/03/2019)	April 3, 2019	April 3, 2019 PACER
76	NOTICE OF APPEARANCE by Jessica Nitsche on behalf of A.Q., A.R.B., B.M.B., Brooklyn Defender Services, J.C., K.T., P.L., R.F.J.. (Nitsche, Jessica) (Entered: 04/05/2019)	April 5, 2019	April 5, 2019 PACER
77	MEMORANDUM OF LAW in Opposition re: 17 MOTION to Certify Class ., 36 MOTION for Preliminary Injunction . . Document filed by Matthew T. Albence, Daniel J. Daugherty, Thomas R. Decker, Executive Office for Immigration Review, William P. Joyce, James McHenry, Kirstjen Nielsen, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, United States Department of Justice, Ronald Vitiello, Matthew G. Whitaker. (Kochevar, Steven) (Entered: 04/05/2019)	April 5, 2019	April 5, 2019 PACER
78	DECLARATION of Deputy Field Office Director William P. Joyce in Opposition re: 17 MOTION to Certify Class ., 36 MOTION for Preliminary Injunction .. Document filed by Matthew T. Albence, Daniel J. Daugherty, Thomas R. Decker, Executive Office for Immigration Review, William P. Joyce, James McHenry, Kirstjen Nielsen, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, United States Department of Justice, Ronald Vitiello, Matthew G. Whitaker. (Kochevar, Steven) (Entered: 04/05/2019)	April 5, 2019	April 5, 2019 PACER
79	DECLARATION of Supervisory Detention and Deportation Officer Waveney P. Boyd in Opposition re: 17 MOTION to Certify Class ., 36 MOTION for Preliminary Injunction .. Document filed by Matthew T. Albence, Daniel J. Daugherty, Thomas R. Decker, Executive Office for Immigration Review, William P. Joyce, James McHenry, Kirstjen Nielsen, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, United States Department of Justice, Ronald Vitiello, Matthew G. Whitaker. (Kochevar, Steven) (Entered: 04/05/2019)	April 5, 2019	April 5, 2019 PACER
80	REPLY MEMORANDUM OF LAW in Support re: 17 MOTION to Certify Class ., 36 MOTION for Preliminary Injunction . . Document filed by A.Q., A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, J.C., K.T., Legal Aid Society, P.L., R.F.J.. (Gunther, Robert) (Entered: 04/12/2019)	April 12, 2019	April 12, 2019 PACER
81	DECLARATION of William C. Kinder in Support re: 80 Reply Memorandum of Law in Support of Motion,. Document filed by A.Q., A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, J.C., K.T., Legal Aid Society, P.L., R.F.J.. (Attachments: # 1 Exhibit 1 - Copy of a Transcript produced by Congressional Quarterly (Mar 6. 2019), # 2 Exhibit 2 - US Gov. Accountability Office Report - "Immigration Detention: Opportunities Exist to Improve Cost Estimates" (April 2018), # 3 Exhibit 3 - Harvard Law Review Blog post)(Gunther, Robert) (Entered: 04/12/2019)	April 12, 2019	April 12, 2019 PACER
82	DECLARATION of S.V. in Support re: 80 Reply Memorandum of Law in Support of Motion,. Document filed by A.Q., A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, J.C., K.T., Legal Aid Society, P.L., R.F.J.. (Gunther, Robert) (Entered: 04/12/2019)	April 12, 2019	April 12, 2019 PACER
83	DECLARATION of LAS in Support re: 80 Reply Memorandum of Law in Support of Motion,. Document filed by A.Q., A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, J.C., K.T., Legal Aid Society, P.L., R.F.J.. (Gunther, Robert) (Entered: 04/12/2019)	April 12, 2019	April 12, 2019 PACER
84	DECLARATION of BxD in Support re: 80 Reply Memorandum of Law in Support of Motion,. Document filed by A.Q., A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, J.C., K.T., Legal Aid Society, P.L., R.F.J.. (Gunther, Robert) (Entered: 04/12/2019)	April 12, 2019	April 12, 2019 PACER
85	DECLARATION of BDS in Support re: 80 Reply Memorandum of Law in Support of Motion,. Document filed by A.Q., A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, J.C., K.T., Legal Aid Society, P.L., R.F.J.. (Gunther, Robert) (Entered: 04/12/2019)	April 12, 2019	April 12, 2019 PACER
86	ORDER: The Court will hold Oral Argument in this case on April 23, 2019 at 2:00 p.m. The Parties are hereby ORDERED to appear in person in Courtroom 1306 at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York, on the date and time specified above. SO ORDERED. Oral Argument set for 4/23/2019 at 02:00 PM in Courtroom 1306, 40 Foley Square, New York, NY 10007 before Judge Andrew L. Carter Jr. (Signed by Judge Andrew L. Carter, Jr on 4/15/2019) (rj) (Entered: 04/15/2019)	April 15, 2019	April 15, 2019 PACER
87	LETTER MOTION for Conference Regarding Motion to Dismiss Plaintiffs' Complaint addressed to Judge Andrew L. Carter, Jr. from Steven J. Kochevar dated 04/15/19. Document filed by Matthew T. Albence, Daniel J. Daugherty, Thomas R. Decker, Executive Office for Immigration Review, William P. Joyce, James McHenry, Kirstjen Nielsen, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, United States Department of Justice, Ronald Vitiello, Matthew G. Whitaker.(Kochevar, Steven) (Entered: 04/15/2019)	April 15, 2019	April 15, 2019 PACER
88	ORDER, The Oral Argument currently scheduled for April 23, 2019 is hereby ADJOURNED. The Court will hold a Conference in this case on May 2, 2019 at 11:00 a.m. The Parties are hereby ORDERED to appear in person in Courtroom 1306 at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York, on the date and time specified above. The Parties should be prepared to discuss all issues briefed, starting with the arguments pertaining to jurisdiction. In addition, the Court is in receipt of Defendants' Letter Motion. ECF No. 87. Plaintiffs are hereby ORDERED to respond to Defendants' Letter on or before April 22, 2019. SO ORDERED. (Status Conference set for 5/2/2019 at 11:00 AM in Courtroom 1306, 40 Centre Street, New York, NY 10007 before Judge Andrew L. Carter Jr..) (Signed by Judge Andrew L. Carter, Jr on 4/17/2019) (kv) (Entered: 04/17/2019)	April 17, 2019	April 17, 2019 PACER
89	NOTICE OF APPEARANCE by Jennifer Ann Williams on behalf of A.Q., A.R.B., B.M.B., J.C., K.T., Legal Aid Society, P.L., R.F.J.. (Williams, Jennifer) (Entered: 04/17/2019)	April 17, 2019	April 17, 2019 PACER
90	LETTER RESPONSE to Motion addressed to Judge Andrew L. Carter, Jr. from Robert J. Gunther Jr. dated April 22, 2019 re: 87 LETTER MOTION for Conference Regarding Motion to Dismiss Plaintiffs' Complaint addressed to Judge Andrew L. Carter, Jr. from Steven J. Kochevar dated 04/15/19. . Document filed by A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, R.F.J.. (Gunther, Robert) (Entered: 04/22/2019)	April 22, 2019	April 22, 2019 PACER
91	ORDER granting 87 Letter Motion for Conference. The Court hereby schedules oral argument for May 29, 2019 at 2:00 p.m. The parties should appear in person at the Thurgood Marshall United States Courthouse, 40 Foley Square, in Courtroom 1306 on the date and time specified above. SO ORDERED. Oral Argument set for 5/29/2019 at 02:00 PM in Courtroom 1306, 40 Foley Square, New York, NY 10007 before Judge Andrew L. Carter Jr. (Signed by Judge Andrew L. Carter, Jr on 5/2/2019) (rj) (Entered: 05/02/2019)	May 2, 2019	May 2, 2019 PACER
	Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Status Conference held on 5/2/2019. Brooke Menschel, Sonia Marquez, Shakeer Rahman, Julie Dona, Pooja Boisture and Christopher Bouchoux for Petitioner(s). Stephen Cha-Kim and Steven Kochevar for Respondent(s). See Docket No. 91. (Court Reporter: Vincent Bologna) (tdh)	May 2, 2019	May 2, 2019 PACER
92	STATUS REPORT. / Joint Status Report Document filed by J.C., Legal Aid Society.(Boisture, Pooja) (Entered: 05/08/2019)	May 8, 2019	May 8, 2019 PACER
93	MEMO ENDORSEMENT on re: 92 Status Report filed by J.C., Legal Aid Society. ENDORSEMENT: SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 5/10/2019) (rj) (Entered: 05/10/2019)	May 10, 2019	May 10, 2019 PACER
94	LETTER addressed to Judge Andrew L. Carter, Jr. from Steven J. Kochevar dated 05/14/19 re: Letter Brief in Support of Defendants' Motion to Dismiss. Document filed by Matthew T. Albence, Daniel J. Daugherty, Thomas R. Decker, Executive Office for Immigration Review, William P. Joyce, James McHenry, Kirstjen Nielsen, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, United States Department of Justice, Ronald Vitiello, Matthew G. Whitaker.(Kochevar, Steven) (Entered: 05/14/2019)	May 14, 2019	May 14, 2019 PACER
95	LETTER addressed to Judge Andrew L. Carter, Jr. from Brooke Menschel dated May 21, 2019 re: Defendants' Letter - ECF No. 94. Document filed by A.Q., A.R.B., B.M.B., Bronx Defenders, Brooklyn Defender Services, J.C., K.T., Legal Aid Society, P.L., R.F.J..(Menschel, Brooke) (Entered: 05/21/2019)	May 21, 2019	May 21, 2019 PACER

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Case Details

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump 1.0 & 2.0 Immigration Enforcement Order Challenges

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 12, 2019

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Seven immigrants who were detained in jails outside of New York City and required to appear for removal proceedings through Video Teleconference Hearings.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Bronx Defenders

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

U.S. Immigration and Customs Enforcement (ICE), Federal

U.S. Department of Homeland Security (DHS), Federal