Case: State of New York v. U.S. Department of Homeland Security

1:19-cv-07777 | U.S. District Court for the Southern District of New York

Filed Date: Aug. 21, 2019

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, final 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. District court judges from across the countries granted preliminary injunctions enjoining the government from implementing the public char…

This case is one of several brought nationwide by States, counties, and nonprofit organizations challenging the Trump administration's revised, final 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. District court judges from across the countries granted preliminary injunctions enjoining the government from implementing the public charge rule but after multiple Circuit Courts and the Supreme Court issued stays of these injunctions, the public charge rule was implemented by the government on February 24, 2020.

On August 21, 2019, the states of New York, Connecticut, and Vermont, along with the city of New York, filed this suit in the United States District Court for the Southern District of New York. The Plaintiff States sued the Department of Homeland Security (DHS) and the United States Citizenship and Immigration Services (USCIS), as well as the acting secretaries of both departments in their official capacity, under the Administrative Procedure Act (APA). The Plaintiff States sought relief to declare the Department of Homeland Security’s final public charge rule (the Rule) vacated due to violations of the APA and unconstitutional due to violations of the Equal Protection Clause. The Plaintiff States also sought to preliminarily and permanently enjoin the Rule from being enforced.

On August 14, 2019, the DHS published a revised, final public charge rule, which defined personal circumstances that affect the ability of individuals and their families to successfully enter the U.S. or acquire legal permanent resident status (i.e., get a green card). The final rule increased the types of programs that the federal government would consider in public charge determinations to also include previously excluded health, nutrition, and housing programs. The Immigration and Nationality Act provides that if an immigration officer finds that a person seeking a visa is likely to become a public charge, that person is “inadmissible.” Thus, under the proposed Rule, an immigrant who uses non-cash benefits such as food stamps or Medicaid, or is deemed likely to receive them in the future, may be found more likely to be a public charge and inadmissible for purposes of a visa or green card application. The Plaintiff States asserted that this Rule would force immigrant families to choose between using these benefits or risk failing to gain permanent resident status.

The Plaintiff States further argued that the Rule causes damage to the health and livelihood of immigrant families by deterring them from using these benefits, thereby undermining the sovereign interests of the Plaintiff States and interfering in the policies designed to support the well-being and civil rights of residents. The Plaintiff States contended that the Rule exceeds the Defendant's jurisdiction and authority under the APA; is arbitrary, capricious, and an abuse of discretion; and violates the Equal Protection Clause of the Fifth Amendment.

On September 9, 2019, the Plaintiff States filed a motion for preliminary injunction and stay pending judicial review, arguing they are likely to suffer irreparable harm absent preliminary relief, that they were likely to succeed on the merits of their claims made in the complaint, and that preliminary relief is in the public interest. The Rule, unless prohibited, was set to go into effect on October 15, 2019. The Plaintiff States asserted that the Rule should not take effect while the legal action was still pending.

On September 27, 2019, the Defendants filed an opposition to the motion. The Defendants contended that the Rule is a "well-reasoned definition of public charge providing practical guidance to Executive Branch officials making public charge inadmissibility determinations" based on foundational principles of United States immigration law. The Defendants also argued that the Plaintiff States and City did not meet their burden of establishing standing, that they did not show an actual or imminent threat of harm as the result of the Rule. Although the Plaintiff States claimed that enforcement of the Rule would cause irreparable harm, the Defendants argued that those claims are not enough to establish standing. The Defendants further argued that the Motion should be dismissed because the Plaintiff States' substantive claims lack merit and because the Plaintiff States are outside the zone of interests regulated by the APA.

On October 11, 2019, Judge George Daniels granted the motion for preliminary injunction. First, Judge Daniels found that the Plaintiff States had standing, that their claims were ripe for judicial review, and that they were within the zone of interests regulated by the APA. Then, after analyzing the long-standing definition of the term public charge and whether Congress intended to redefine public charge, Judge Daniels found that the Plaintiff States sufficiently alleged that the Rule exceeds statutory authority and is contrary to law. Judge Daniels also ruled that the Plaintiff States sufficiently demonstrated that the rule is arbitrary and capricious. Judge Daniels found that the Plaintiff States and "law-abiding citizens who have come to this country to seek a better life" will suffer irreparable harm absent a preliminary injunction. Finally, Judge Daniels ordered that the injunction be applied nationwide, in order to unify national immigration policy and in consideration of nearly two dozen other jurisdictions that have had suits brought challenging the Rule. 408 F.Supp.3d 334.

On October 30, 2019, the Defendants filed an appeal of the order granting preliminary injunction; the Defendants also sought to stay the preliminary injunction.

On December 2, 2019, Judge Daniels denied the Defendants' motion to stay. Judge Daniels reasoned that "to stay the injunction would be inconsistent with this Court's underlying findings of Plaintiffs' likelihood of success on the merits, and of the irreparable injury that Plaintiffs, noncitizens, and the general public would suffer in the absence of an effective injunction." 2019 WL 6498250.

On January 8, 2020, while the Defendants' appeal was pending, the Second Circuit denied the Defendants' motion for stay pending appeal of the nationwide preliminary injunction. 2020 WL 95815.

On January 13, 2020, the Defendants submitted to Justice Ginsburg of the Supreme Court an application for stay of the preliminary injunction while the appeal is pending in the Second Circuit. Justice Ginsburg referred the application to the Supreme Court on January 27, 2020.

On January 27, 2020, the Supreme Court of the United States granted the Defendants' application for stay and thus stayed the District Court’s October 11, 2019 orders granting a nationwide preliminary injunction. In granting the Defendants' application, Justice Gorsuch, writing the opinion for the court, addressed the many suits, injunctions, and stays regarding the Rule occurring across the country and concluded that the "routine issuance of universal injunctions is patently unworkable, sowing chaos for litigants, the government, courts, and all those affected by these conflicting decisions." These nationwide injunctions, Justice Gorsuch reasoned, shared a similar flaw in that "they direct how the defendant must act toward persons who are not parties to the case." Justice Gorsuch also found that these nationwide injunctions encouraged gamesmanship and forum shopping, that if a single district court issued a nationwide injunction, "the government’s hope of implementing any new policy could face the long odds of a straight sweep, parlaying a 94-to-0 win in the district courts into a 12-to-0 victory in the courts of appeal." Thus, in granting the Defendants' application for stay and staying the district court's nationwide preliminary injunction, the Supreme Court found the occasion to address its concerns with the proliferation of nationwide injunctions. 140 S.Ct. 599. After the Supreme Court ruling, the Defendants stated that the rule would take effect on February 24, 2020.

Following the Supreme Court's stay of the preliminary injunction and a Ninth Circuit opinion "concluding that the Rule falls well within the Executive Branch’s discretion to interpret and implement the public charge inadmissibility provision in the INA," the Defendants filed a motion to dismiss the complaint on February 14, 2020. The Plaintiffs argued that the Defendants were taking "a third bite at the apple" and that because Defendants offered "no new substantive arguments, and this Court has already evaluated and rejected Defendants’ contentions under the more stringent standards governing entry of a preliminary injunction," the motion to dismiss should be denied.

On the same day, the Plaintiffs filed a motion to consolidate this case with Make the Road New York, et al. v. Kenneth Cuccinelli, et al. and State of New York v. U.S. Dep't of Homeland Security. The parties argued that the cases met the standard for consolidation as they share many common questions of fact and law and also assert the same constitutional violation and cause of action.

On March 6, 2020, the Plaintiff-States sent a letter to the Defendants urging them "to immediately stop implementation of [the Rule] ... in the wake of the COVID-19 coronavirus." The Plaintiff states asserted that, in the context of a nationwide outbreak of COVID-19, "DHS’s policy of deterring immigrants from using the medical benefits to which they are legally entitled directly undermines and frustrates our public health professionals’ efforts, putting our communities and residents at unnecessary risk."

On April 13, 2020, the Plaintiff States filed a motion in the Supreme Court to temporarily lift or modify the Court's stay of the district court's October 11, 2019 and December 6, 2019 orders. The Plaintiffs' asserted that, while state and local authorities had taken "extraordinary efforts to stop the spread of COVID-19 and protect the health and well-being of ... residents," the Rule undermined those efforts by "deterring immigrants from accessing healthcare and public benefits that are essential tools for protecting the public at large . . . ." The Supreme Court denied the motion to temporarily lift or modify the stay on April 24, 2020, but ruled that “[t]his order does not preclude a filing in the District Court as counsel considers appropriate.”

Back in the district court, the Plaintiffs filed a second motion for a preliminary injunction and stay or a temporary restraining order on April 28, 2020. The Plaintiffs argued that immigrants would be deterred from seeking public health benefits out of fear of violating the public charge rule, which would exacerbate the national health crisis. These changed facts, the plaintiffs believed, provided the district court the authority to issue an injunction despite the Supreme Court's previous stay.

On July 29, 2020, the district court granted the Defendants’ motion to dismiss the Plaintiffs’ claim that DHS and USCIS lacked the authority to promulgate the Rule, but granted the Plaintiffs’ second motion for a preliminary injunction and enjoined the Defendants from implementing the Rule at any point during the COVID-19 outbreak. 2020 WL 4347264. The Defendants appealed the court’s preliminary injunction order to the Second Circuit on August 3, 2020. On August 12, 2020, the Second Circuit stayed the injunction with respect to all states but the Plaintiff States (Connecticut, New York, and Vermont) until the Second Circuit ruled on the motion to stay. The Second Circuit then stayed the second preliminary injunction altogether on September 11, 2020 while the Second Circuit considered the Defendants’ appeal of the district court’s first preliminary injunction order. 974 F.3d 210.

The Plaintiffs filed an amended complaint on October 2, 2020 alleging that DHS and USCIS violated the Federal Vacancies Reform Act (FVRA) and the Homeland Security Act (HSA) by implementing the Rule because the Rule was promulgated by an Acting DHS Secretary who was unlawfully serving in his position. As a result, the Plaintiffs argued, DHS’s and USCIS’s implementation of the Rule exceeded the departments’ statutory authority under FVRA and was not in accordance with the law under the APA.

On October 7, 2020, the Second Circuit affirmed the district court’s initial preliminary injunction orders, finding that the Plaintiffs were likely to succeed on the merits of their claims that the Rule is contrary to the INA and arbitrary and capricious. 969 F.3d 42. The Defendants petitioned for a writ of certiorari from the Supreme Court, which was granted on February 22, 2021.

Following their Second Circuit win, the Plaintiffs filed a motion for summary judgment in district court on October 27, 2020, arguing that the Rule was null and void because the Acting DHS Secretary promulgated it while serving in violation of the FVRA and HSA. In response, on November 17, 2020, the Defendants moved to dismiss the Plaintiffs’ claims that the Rule was invalid because it was issued by an unlawfully serving Acting DHS Secretary, insisting that the Rule was promulgated pursuant to the APA and ratified by lawful agency officials, including the Acting DHS Secretary.

On February 2, 2021, the new Biden administration issued an Executive Order calling for the new Secretary of Homeland Security to review the agency's actions around the public charge rule. As a result of this order, the District Court granted a stay of the proceedings for up to 90 days, on the condition that the agency not take any action to implement or enforce the rule during the period of the stay. However, on February 22, 2021, the defendants reported to the court that no agreement had been reached to stop agency action during the stay, so its conditions were not met.

On March 10, 2021, the defendants informed the court that the Biden Administration had decided to stop defending the public charge rule change, no longer pursue appellate review of District Court stays of the rule, and return to the previously-used guidance on the public charge rule. As a result, the case was stayed on March 11, 2021. After a joint request from the plaintiffs and the Biden Administration, the Clerk of the Supreme Court also agreed to dismiss the case from its docket before hearing the argument.

The court denied the plaintiffs' motion for summary judgment and the defendants' partial motion to dismiss on September 30, 2021.

The case is ongoing.

Summary Authors

Aaron Gurley (3/26/2020)

Becca Rogers (12/19/2020)

Ben Marvin-Vanderryn (4/13/2022)

Related Cases

State of Washington v. U.S. Department of Homeland Security, Eastern District of Washington (2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/16079685/parties/state-of-new-york-v-united-states-department-of-homeland-security/


Judge(s)

Daniels, George B. (New York)

Gorsuch, Neil M. (Colorado)

Hall, Peter W. (Vermont)

Attorneys(s) for Plaintiff

Ash, Melanie Calandra Teresa (New York)

Azmy, Baher (New York)

Battles, Benjamin D. (Vermont)

Beale, Elana Rose (New York)

Bernhardt, Doris F. (New York)

Bowles, Amy (New York)

Cameron, Susan Joan (New York)

Judge(s)

Daniels, George B. (New York)

Gorsuch, Neil M. (Colorado)

Hall, Peter W. (Vermont)

Attorneys(s) for Plaintiff

Ash, Melanie Calandra Teresa (New York)

Azmy, Baher (New York)

Battles, Benjamin D. (Vermont)

Beale, Elana Rose (New York)

Bernhardt, Doris F. (New York)

Bowles, Amy (New York)

Cameron, Susan Joan (New York)

Carter, Zachary W. (New York)

Chu, Ming-Qi (New York)

Colangelo, Matthew (New York)

Donovan, Thomas J. Jr. (Vermont)

Ehrlich, Andrew J. (New York)

Goldstein, Elena Stacy (New York)

Herzog, Steven C. (New York)

Hurwitz, Jonathan H (New York)

James, Letitia (New York)

Jenerette, Tonya (New York)

Johnson, James E. (New York)

Kelleher, Kathleen M. (New York)

Leval, Pierre Nelson (New York)

Lu, Hope (New York)

Meyer, Amanda (New York)

O'Loughlin, Robert Joseph III (New York)

Perry, Joshua (Connecticut)

Rosner, Abigail Everett (New York)

Saini, Ajay (New York)

Schwarz, Ghita (New York)

Shafiqullah, Hasan (New York)

Sinnreich, Daniel Shiah (New York)

Spottswood, Eleanor (Vermont)

Thomas, Brittany (New York)

Thompson, Julio A. (Vermont)

Tong, William (Connecticut)

Underwood, Barbara D. (New York)

Vale, Judith Naomi (New York)

Weaver, Cynthia C. (New York)

Welber, Susan (New York)

Wu, Steven C. (New York)

Attorneys(s) for Defendant

Berman, Keri L. (District of Columbia)

Cholera, Kuntal (District of Columbia)

Davis, Ethan P. (District of Columbia)

Francisco, Noel (District of Columbia)

Haas, Alexander K (District of Columbia)

Hunt, Joseph H. (District of Columbia)

Kolsky, Joshua (District of Columbia)

Lynch, Jason C. (District of Columbia)

Soskin, Eric J. (District of Columbia)

Other Attorney(s)

Bailey, Regan (District of Columbia)

Barbero, Megan (District of Columbia)

Bullerjahn, Caroline Herman (Massachusetts)

Chan, Denny W. (California)

Cherayil, Monisha (Maryland)

Curet, Tess L. (California)

DeFilipp, Kristyn (Massachusetts)

Escoriaza, Phillip A. (District of Columbia)

Frisina, Christopher J (District of Columbia)

Gans, David H. (District of Columbia)

Grogg, Adam Anderson (District of Columbia)

Havemann, William Ernest (District of Columbia)

Hirschhorn, Russell L. (New York)

Huseny, Sadik Harry (California)

Kathawala, Rene (New York)

Kean, Natalie Elise (District of Columbia)

Kennelly, Kaitland McCann (New York)

Krumplitsch, Susan Marie (California)

Letter, Douglas (District of Columbia)

Levine, Jared Alexander (New York)

Levy, Roger A. (New York)

Li, Anne Elise Herold (New York)

Lovejoy, Brittany N. (California)

Masters, Owen (District of Columbia)

Plutshack, Alexandra B. (California)

Ray, Sarah M. (California)

Sprague, Charles Ferer (California)

Stameshkin, Elizabeth L. (California)

Tatelman, Todd B. (District of Columbia)

Virgien, Kyle A. (California)

Waters, Edward T. (District of Columbia)

Yu, Victor Haohan (California)

Documents in the Clearinghouse

Document

1:19-cv-07777

Docket

Dec. 18, 2020

Dec. 18, 2020

Docket
1

1:19-cv-07777

Complaint for Declaratory and Injunctive Relief

Aug. 20, 2019

Aug. 20, 2019

Complaint
110

1:19-cv-07777

Memorandum Decision and Order

408 F.Supp.3d 334

Oct. 11, 2019

Oct. 11, 2019

Order/Opinion
110

1:19-cv-07777

Memorandum Decision and Order

State of New York v. United States Department of Homeland Security

408 F.Supp.3d 334

Oct. 11, 2019

Oct. 11, 2019

Order/Opinion
110

1:19-cv-07777

Memorandum Decision and Order

408 F.Supp.3d 334

Oct. 11, 2019

Oct. 11, 2019

Order/Opinion
109

1:19-cv-07777

Order Granting Plaintiffs' Motion for a Preliminary Injunction

408 F.Supp.3d 334

Oct. 11, 2019

Oct. 11, 2019

Order/Opinion
122

1:19-cv-07777

Memorandum Decision and Order

2019 WL 6498250

Dec. 2, 2019

Dec. 2, 2019

Order/Opinion

19-00785

Application for a Stay of the Injunctions Issued by the United States District Court for the Southern District of New York

Untied States Department of Homeland Security v. State of New York, United States Department of Homeland Security v. Make the Road New York

Supreme Court of the United States

Jan. 13, 2020

Jan. 13, 2020

Pleading / Motion / Brief

19-00785

Opposition of Government Plaintiffs to Defendants' Application for a Stay of the Orders Issued by the United States District Court for the Southern District of New York

Department of Homeland Security v. New York

Supreme Court of the United States

Jan. 22, 2020

Jan. 22, 2020

Pleading / Motion / Brief

19-00785

Opposition to Application for a Stay of the Injunctions Issued by the United States District Court for the Southern District of New York

United States Department of Homeland Security v. Make the Road New York

Supreme Court of the United States

Jan. 22, 2020

Jan. 22, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16079685/state-of-new-york-v-united-states-department-of-homeland-security/

Last updated July 24, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

FILING ERROR - DEFICIENT PLEADING - FILER ERROR - FILED AGAINST PARTY ERROR -COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number ANYSDC-17457561)Document filed by STATE OF NEW YORK.(Rosner, Abigail) Modified on 8/21/2019 (pne). (Entered: 08/20/2019)

Aug. 20, 2019

Aug. 20, 2019

PACER
2

CIVIL COVER SHEET filed. (Rosner, Abigail) (Entered: 08/20/2019)

Aug. 20, 2019

Aug. 20, 2019

PACER
3

NOTICE OF APPEARANCE by Eleanor Laurel Pullin Spottswood on behalf of STATE OF VERMONT. (Spottswood, Eleanor) (Entered: 08/20/2019)

Aug. 20, 2019

Aug. 20, 2019

PACER
4

NOTICE OF APPEARANCE by Matthew Colangelo on behalf of STATE OF NEW YORK. (Colangelo, Matthew) (Entered: 08/20/2019)

Aug. 20, 2019

Aug. 20, 2019

PACER
5

NOTICE OF APPEARANCE by Elena Stacy Goldstein on behalf of STATE OF NEW YORK. (Goldstein, Elena) (Entered: 08/20/2019)

Aug. 20, 2019

Aug. 20, 2019

PACER
6

REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Homeland Security, re: 1 Complaint. Document filed by CITY OF NEW YORK, STATE OF CONNECTICUT, STATE OF NEW YORK, STATE OF VERMONT. (Rosner, Abigail) (Entered: 08/20/2019)

Aug. 20, 2019

Aug. 20, 2019

PACER
7

FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Kevin K. McAleenan, in his official capacity as Acting Secretary of the United States Department of Homeland Security, re: 1 Complaint. Document filed by CITY OF NEW YORK, STATE OF CONNECTICUT, STATE OF NEW YORK, STATE OF VERMONT. (Rosner, Abigail) Modified on 8/21/2019 (pne). (Entered: 08/20/2019)

Aug. 20, 2019

Aug. 20, 2019

PACER
8

REQUEST FOR ISSUANCE OF SUMMONS as to United States Citizenship and Immigration Services, re: 1 Complaint. Document filed by CITY OF NEW YORK, STATE OF CONNECTICUT, STATE OF NEW YORK, STATE OF VERMONT. (Rosner, Abigail) (Entered: 08/20/2019)

Aug. 20, 2019

Aug. 20, 2019

PACER
9

REQUEST FOR ISSUANCE OF SUMMONS as to Kenneth T. Cuccinelli II, in his official capacity as Acting Director of United States Citizenship and Immigration Services, re: 1 Complaint. Document filed by CITY OF NEW YORK, STATE OF CONNECTICUT, STATE OF NEW YORK, STATE OF VERMONT. (Rosner, Abigail) (Entered: 08/20/2019)

Aug. 20, 2019

Aug. 20, 2019

PACER
10

REQUEST FOR ISSUANCE OF SUMMONS as to United States of America, re: 1 Complaint. Document filed by CITY OF NEW YORK, STATE OF CONNECTICUT, STATE OF NEW YORK, STATE OF VERMONT. (Rosner, Abigail) (Entered: 08/20/2019)

Aug. 20, 2019

Aug. 20, 2019

PACER
11

NOTICE OF APPEARANCE by Amanda Marie Meyer on behalf of STATE OF NEW YORK. (Meyer, Amanda) (Entered: 08/20/2019)

Aug. 20, 2019

Aug. 20, 2019

PACER
12

NOTICE OF APPEARANCE by Ming-Qi Chu on behalf of STATE OF NEW YORK. (Chu, Ming-Qi) (Entered: 08/20/2019)

Aug. 20, 2019

Aug. 20, 2019

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge George B. Daniels. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (pne)

Aug. 21, 2019

Aug. 21, 2019

PACER

Magistrate Judge Ona T. Wang 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)

Aug. 21, 2019

Aug. 21, 2019

PACER

Case Designated ECF. (pne)

Aug. 21, 2019

Aug. 21, 2019

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Abigail Everett Rosner to RE-FILE Document No. 1 Complaint,. The filing is deficient for the following reason(s): the All Defendant radio button was selected; all filers were selected for the pleading; the pleading was not signed by the filing attorney. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pne)

Aug. 21, 2019

Aug. 21, 2019

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Abigail Everett Rosner. The party information for the following party/parties has been modified: State of New York, City of New York, State of Connecticut, State of Vermont, Kevin K. McAleenan, Kenneth T. Cuccinelli II, United States of America. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted. (pne)

Aug. 21, 2019

Aug. 21, 2019

PACER

***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Abigail Everett Rosner. The following case opening statistical information was erroneously selected/entered: Cause of Action code 05:551; Fee Status code due (due). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:2201; the Fee Status code has been modified to pd (paid). (pne)

Aug. 21, 2019

Aug. 21, 2019

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Abigail Everett Rosner to RE-FILE Document No. 7 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party name in the 'To' field on the summons request PDF contains a typographical error. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pne)

Aug. 21, 2019

Aug. 21, 2019

PACER
13

ELECTRONIC SUMMONS ISSUED as to Kenneth T. Cuccinelli II. (pne) (Entered: 08/21/2019)

Aug. 21, 2019

Aug. 21, 2019

PACER
14

ELECTRONIC SUMMONS ISSUED as to United States Department of Homeland Security. (pne) (Entered: 08/21/2019)

Aug. 21, 2019

Aug. 21, 2019

PACER
15

ELECTRONIC SUMMONS ISSUED as to United States Citizenship and Immigration Services. (pne) (Entered: 08/21/2019)

Aug. 21, 2019

Aug. 21, 2019

PACER
16

ELECTRONIC SUMMONS ISSUED as to United States of America, U.S. Attorney and U.S. Attorney General. (pne) (Entered: 08/21/2019)

Aug. 21, 2019

Aug. 21, 2019

PACER
17

COMPLAINT against Kenneth T. Cuccinelli II, Kevin K. McAleenan, United States Citizenship and Immigration Services, United States Department of Homeland Security, United States of America. Document filed by State of Connecticut, City of New York, State of New York, State of Vermont.(Colangelo, Matthew) (Entered: 08/21/2019)

Aug. 21, 2019

Aug. 21, 2019

RECAP
18

REQUEST FOR ISSUANCE OF SUMMONS as to Kevin K. McAleenan, re: 17 Complaint,. Document filed by State of New York. (Colangelo, Matthew) (Entered: 08/21/2019)

Aug. 21, 2019

Aug. 21, 2019

PACER
19

NOTICE OF APPEARANCE by Cynthia C. Weaver on behalf of City of New York. (Weaver, Cynthia) (Entered: 08/21/2019)

Aug. 21, 2019

Aug. 21, 2019

PACER
20

NOTICE OF APPEARANCE by Melanie Calandra Teresa Ash on behalf of City of New York. (Ash, Melanie) (Entered: 08/21/2019)

Aug. 21, 2019

Aug. 21, 2019

PACER
21

NOTICE OF APPEARANCE by Doris F. Bernhardt on behalf of City of New York. (Bernhardt, Doris) (Entered: 08/22/2019)

Aug. 22, 2019

Aug. 22, 2019

PACER
22

ELECTRONIC SUMMONS ISSUED as to Kevin K. McAleenan. (dnh) (Entered: 08/22/2019)

Aug. 22, 2019

Aug. 22, 2019

PACER
23

NOTICE OF APPEARANCE by Hope Lu on behalf of City of New York. (Lu, Hope) (Entered: 08/23/2019)

Aug. 23, 2019

Aug. 23, 2019

PACER
24

INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/24/2019 at 09:30 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels, as further set forth in this order. (Signed by Judge George B. Daniels on 8/27/2019) (jwh) (Entered: 08/27/2019)

Aug. 27, 2019

Aug. 27, 2019

PACER
25

NOTICE OF APPEARANCE by Tonya Jenerette on behalf of City of New York. (Jenerette, Tonya) (Entered: 08/28/2019)

Aug. 28, 2019

Aug. 28, 2019

PACER
26

CERTIFICATE OF SERVICE. All Defendants. Service was made by Mail. Document filed by State of Connecticut, City of New York, State of New York, State of Vermont. (Attachments: # 1 Exhibit Mailing Labels, # 2 Exhibit Tracking information for United States of America, # 3 Exhibit Tracking information for Kevin K. McAleenan, # 4 Exhibit Tracking information for Kenneth T. Cuccinelli II, # 5 Exhibit Tracking information for United States Citizenship and Immigration Services, # 6 Exhibit Tracking information for United States Department of Homeland Security, # 7 Exhibit Tracking information for Civil-Process Clerk)(Rosner, Abigail) (Entered: 08/28/2019)

1 Exhibit Mailing Labels

View on PACER

2 Exhibit Tracking information for United States of America

View on PACER

3 Exhibit Tracking information for Kevin K. McAleenan

View on PACER

4 Exhibit Tracking information for Kenneth T. Cuccinelli II

View on PACER

5 Exhibit Tracking information for United States Citizenship and Immigration Servi

View on PACER

6 Exhibit Tracking information for United States Department of Homeland Security

View on PACER

7 Exhibit Tracking information for Civil-Process Clerk

View on PACER

Aug. 28, 2019

Aug. 28, 2019

RECAP
27

NOTICE OF APPEARANCE by Benjamin Daniel Battles on behalf of State of Vermont. (Battles, Benjamin) (Entered: 08/29/2019)

Aug. 29, 2019

Aug. 29, 2019

RECAP
28

LETTER MOTION for Leave to File Excess Pages addressed to Judge George B. Daniels from Elena Goldstein dated September 3, 2019. Document filed by State of New York.(Goldstein, Elena) (Entered: 09/03/2019)

Sept. 3, 2019

Sept. 3, 2019

PACER
29

NOTICE OF APPEARANCE by Joshua Kolsky on behalf of Kenneth T. Cuccinelli II, Kevin K. McAleenan, United States Citizenship and Immigration Services, United States Department of Homeland Security, United States of America. (Kolsky, Joshua) (Entered: 09/04/2019)

Sept. 4, 2019

Sept. 4, 2019

PACER
30

LETTER RESPONSE to Motion addressed to Judge George B. Daniels from Joshua M. Kolsky dated September 4, 2019 re: 28 LETTER MOTION for Leave to File Excess Pages addressed to Judge George B. Daniels from Elena Goldstein dated September 3, 2019. . Document filed by Kenneth T. Cuccinelli II, Kevin K. McAleenan, United States Citizenship and Immigration Services, United States Department of Homeland Security, United States of America. (Kolsky, Joshua) (Entered: 09/04/2019)

Sept. 4, 2019

Sept. 4, 2019

RECAP

Set/Reset Hearings: Initial Conference set for 9/24/2019 at 10:30 AM before Judge George B. Daniels. (tro)

Sept. 6, 2019

Sept. 6, 2019

PACER
31

ORDER terminating 28 Letter Motion for Leave to File Excess Pages. The page limit for Plaintiffs' memorandum of law in support of their motion for a preliminary injunction is extended to 40 pages. The initial conference scheduled for 9/24/2019 at 9:30 a.m. shall be held at 10:30 a.m. (Signed by Judge George B. Daniels on 9/6/2019) (tro) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

PACER
32

ORDER: The page limit for Plaintiffs' memorandum of law in support of their motion for a preliminary injunction is extended to 40 pages. The initial conference scheduled for September 24, 2019 at 9:30 am shall be held at 10:30 am. SO ORDERED. (Initial Conference set for 9/24/2019 at 10:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 9/6/2019) (jca) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

RECAP
33

MOTION for Preliminary Injunction . Document filed by State of New York.(Goldstein, Elena) (Entered: 09/09/2019)

Sept. 9, 2019

Sept. 9, 2019

RECAP
34

DECLARATION of Elena Goldstein in Support re: 33 MOTION for Preliminary Injunction .. Document filed by State of New York. (Attachments: # 1 Exhibit Declaration of Ryan Allen, # 2 Exhibit Declaration of Steven Banks, # 3 Exhibit Declaration of Oxiris Barbot, # 4 Exhibit Declaration of Lisa M. David, # 5 Exhibit Declaration of Sabrina Fong, # 6 Exhibit Declaration of Deidre S. Gifford, # 7 Exhibit Declaration of Laura V. Gonzalez-Murphy, # 8 Exhibit Declaration of Barbara C. Guinn, # 9 Exhibit Declaration of David Dyssegaard Kallick, # 10 Exhibit Declaration of Mitchell Katz, # 11 Exhibit Declaration of Leighton Ku, # 12 Exhibit Declaration of Martha Maksym, # 13 Exhibit Declaration of Seila Mosquera-Bruno, # 14 Exhibit Declaration of Bitta Mostofi, # 15 Exhibit Declaration of John Paul Newton, # 16 Exhibit Declaration of Diane Whitmore Schanzenbach, # 17 Exhibit Declaration of RuthAnne Visnauskas, # 18 Exhibit Declaration of Richard M. Williams, # 19 Exhibit Declaration of Howard A. Zucker, # 20 Exhibit American Civil Liberties Union Comment Letter, # 21 Exhibit Asian Americans Advancing Justice Comment Letter, # 22 Exhibit City of Chicago et al. Comment Letter, # 23 Exhibit Disability Rights and Education & Defense Fund Comment Letter, # 24 Exhibit Legal Aid Society Comment Letter, # 25 Exhibit National Immigration Law Center Comment Letter, # 26 Exhibit New York Department of Health Comment Letter, # 27 Exhibit New York Department of State Comment Letter, # 28 Exhibit New York Immigration Coalition Comment Letter, # 29 Exhibit New York Office of Temporary and Disability Assistance Comment Letter, # 30 Exhibit New York State Homes and Community Renewal Comment Letter, # 31 Exhibit State of Virginia et al. Comment Letter)(Goldstein, Elena) (Entered: 09/09/2019)

Sept. 9, 2019

Sept. 9, 2019

PACER
35

MEMORANDUM OF LAW in Support re: 33 MOTION for Preliminary Injunction . . Document filed by State of New York. (Goldstein, Elena) (Entered: 09/09/2019)

Sept. 9, 2019

Sept. 9, 2019

RECAP
36

NOTICE OF APPEARANCE by Russell Laurence Hirschhorn on behalf of Justice in Aging, American Society on Aging, Caring Across Generations, Jewish Family Service of Los Angeles, The National Asian Pacific Center on Aging, National Council on Aging, National Hispanic Council on Aging, MAZON, PHI. (Hirschhorn, Russell) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
37

MOTION for Owen T. Masters to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17576640. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Society on Aging, Caring Across Generations, Jewish Family Service of Los Angeles, Justice in Aging, MAZON, National Council on Aging, National Hispanic Council on Aging, PHI, The National Asian Pacific Center on Aging. (Attachments: # 1 Text of Proposed Order)(Masters, Owen) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
38

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Denny Chan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17576806. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Society on Aging, Caring Across Generations, Jewish Family Service of Los Angeles, Justice in Aging, MAZON, National Council on Aging, National Hispanic Council on Aging, PHI, The National Asian Pacific Center on Aging. (Attachments: # 1 Text of Proposed Order)(Chan, Denny) Modified on 9/11/2019 (wb). (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
39

MOTION for Natalie Kean to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17576922. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Society on Aging, Caring Across Generations, Jewish Family Service of Los Angeles, Justice in Aging, MAZON, National Council on Aging, National Hispanic Council on Aging, PHI, The National Asian Pacific Center on Aging. (Attachments: # 1 Text of Proposed Order)(Kean, Natalie) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
40

MOTION for Leave to File Brief of Amici Curiae . Document filed by American Society on Aging, Caring Across Generations, Jewish Family Service of Los Angeles, Justice in Aging, MAZON, National Council on Aging, National Hispanic Council on Aging, PHI, The National Asian Pacific Center on Aging. (Attachments: # 1 Memorandum in Support, # 2 Proposed Brief, # 3 Text of Proposed Order)(Hirschhorn, Russell) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
41

NOTICE OF APPEARANCE by Jared Alexander Levine on behalf of Asian Americans Advancing Justice/Asian American Legal Defense and Education Fund/National Women's Law Center. (Levine, Jared) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
42

NOTICE OF APPEARANCE by Anne Elise Li on behalf of Asian Americans Advancing Justice/Asian American Legal Defense and Education Fund/National Women's Law Center. (Li, Anne) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
43

LETTER MOTION to File Amicus Brief addressed to Judge George B. Daniels from Jared A. Levine, Esq. dated 9/10/2019. Document filed by Asian Americans Advancing Justice/Asian American Legal Defense and Education Fund/National Women's Law Center. (Attachments: # 1 Proposed amicus brief)(Levine, Jared) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER

Notice Regarding Deficient Motion to Appear Pro Hac Vice

Sept. 11, 2019

Sept. 11, 2019

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 39 MOTION for Natalie Kean to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17576922. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

Sept. 11, 2019

Sept. 11, 2019

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 37 MOTION for Owen T. Masters to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17576640. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

Sept. 11, 2019

Sept. 11, 2019

PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 38 MOTION for Denny Chan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17576806. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)

Sept. 11, 2019

Sept. 11, 2019

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 53 MOTION for Emily Joanne Nash to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17583657. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

Sept. 11, 2019

Sept. 11, 2019

PACER
44

ORDER FOR ADMISSION PRO HAC VICE granting 37 Motion for Owen T. Masters to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 9/11/2019) (mro) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
45

ORDER. Upon consideration of amici Asian Americans Advancing Justice / AAJC, Asian American Legal Defense and Education Fund, National Women's Law Center, and 57 other organizations' motion for leave to file an amici curiae brief in support of Plaintiffs, (ECF No. 43), it is hereby ORDERED that the motion is GRANTED. So ordered. Granting 43 LETTER MOTION to File Amicus Brief addressed to Judge George B. Daniels from Jared A. Levine, Esq. dated 9/10/2019. Document filed by Asian Americans Advancing Justice/Asian American Legal Defense and Education Fund/National Women's Law Center. (Signed by Judge George B. Daniels on 9/11/2019) (rjm) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
46

ORDER granting 40 Motion for Leave to File Document. Upon consideration of amici Justice in Aging, American Society on Aging, Caring Across Generations, Jewish Family Service of Los Angeles, The National Asian Pacific Center on Aging, National Council on Aging, National Hispanic Council on Aging, MAZON, and PHI's motion for leave to file an amici curiae brief in support of Plaintiffs, (ECF No. 40), it is hereby ORDERED that the motion is GRANTED. SO ORDERED. (Signed by Judge George B. Daniels on 9/11/2019) (kv) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
47

MOTION to File Amicus Brief . Document filed by Congressional Tri-Caucus. (Attachments: # 1 Proposed Amicus Brief, # 2 Text of Proposed Order)(Bullerjahn, Caroline) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
48

MOTION for Kristyn Marie DeFilipp to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17583210. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Health Law Advocate et al.. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(DeFilipp, Kristyn) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
49

MOTION for Justin J. Lowe to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17583392. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Health Law Advocate et al.. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(DeFilipp, Kristyn) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
50

MOTION for Wendy Ellen Parmet to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17583428. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Health Law Advocate et al.. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(DeFilipp, Kristyn) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 49 MOTION for Justin J. Lowe to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17583392. Motion and supporting papers to be reviewed by Clerk's Office staff., 48 MOTION for Kristyn Marie DeFilipp to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17583210. Motion and supporting papers to be reviewed by Clerk's Office staff., 50 MOTION for Wendy Ellen Parmet to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17583428. Motion and supporting papers to be reviewed by Clerk's Office staff., 51 MOTION for Andrew London to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17583487. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

Sept. 11, 2019

Sept. 11, 2019

PACER
51

MOTION for Andrew London to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17583487. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Health Law Advocate et al.. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(DeFilipp, Kristyn) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
52

MOTION for Andrew Paul Cohen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17583616. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Health Law Advocate et al.. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(DeFilipp, Kristyn) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
53

MOTION for Emily Joanne Nash to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17583657. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Health Law Advocate et al.. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(DeFilipp, Kristyn) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
54

MOTION to File Amicus Brief . Document filed by Health Law Advocate et al.. (Attachments: # 1 Exhibit 1)(DeFilipp, Kristyn) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
55

MOTION for Sarah M. Ray to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17585268. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Civil Liberties Union, Center for Public Representation, American Association of People with Disabilities, Association of University Centers on Disabilities, Autistic Self Advocacy Network, Civil Rights Education and Enforcement Center, Coelho Center for Disability Law, Policy and Innovation, Disability Rights Advocates, Disability Rights Education and Defense Fund, Disability Rights New York, Judge David L. Bazelon Center for Mental Health Law, Little Lobbyists, Mental Health America, National Association of Councils on Developmental Disabilities, National Council on Independent Living, National Disability Rights Network, National Federation of the Blind, New York Civil Liberties Union, The Arc of the United States, United Spinal Association. (Attachments: # 1 Affidavit Affidavit of Sarah M. Ray in Support of Motion for Admission Pro Hac Vice, # 2 Exhibit A - Certificate of Good Standing, # 3 Text of Proposed Order)(Ray, Sarah) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
56

MOTION for Charles Ferer Sprague to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17585334. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Association of People with Disabilities, American Civil Liberties Union, Association of University Centers on Disabilities, Autistic Self Advocacy Network, Center for Public Representation, Civil Rights Education and Enforcement Center, Coelho Center for Disability Law, Policy and Innovation, Disability Rights Advocates, Disability Rights Education and Defense Fund, Disability Rights New York, Judge David L. Bazelon Center for Mental Health Law, Little Lobbyists, Mental Health America, National Association of Councils on Developmental Disabilities, National Council on Independent Living, National Disability Rights Network, National Federation of the Blind, New York Civil Liberties Union, The Arc of the United States, United Spinal Association. (Attachments: # 1 Affidavit Affidavit of Charles Ferer Sprague in Support of Motion for Admission Pro Hac Vice, # 2 Exhibit A - Certificate of Good Standing, # 3 Text of Proposed Order)(Sprague, Charles) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
57

MOTION for Kyle A. Virgien to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17585342. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Association of People with Disabilities, American Civil Liberties Union, Association of University Centers on Disabilities, Autistic Self Advocacy Network, Center for Public Representation, Civil Rights Education and Enforcement Center, Coelho Center for Disability Law, Policy and Innovation, Disability Rights Advocates, Disability Rights Education and Defense Fund, Disability Rights New York, Judge David L. Bazelon Center for Mental Health Law, Little Lobbyists, Mental Health America, National Association of Councils on Developmental Disabilities, National Council on Independent Living, National Disability Rights Network, National Federation of the Blind, New York Civil Liberties Union, The Arc of the United States, United Spinal Association. (Attachments: # 1 Affidavit of Kyle A. Virgien in Support of Motion for Admission Pro Hac Vice, # 2 Exhibit A - Certificate of Good Standing, # 3 Text of Proposed Order)(Virgien, Kyle) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
58

LETTER MOTION to File Amicus Brief addressed to Judge George B. Daniels from Sarah M. Ray dated September 11, 2019. Document filed by American Association of People with Disabilities, American Civil Liberties Union, Association of University Centers on Disabilities, Autistic Self Advocacy Network, Center for Public Representation, Civil Rights Education and Enforcement Center, Coelho Center for Disability Law, Policy and Innovation, Disability Rights Advocates, Disability Rights Education and Defense Fund, Disability Rights New York, Judge David L. Bazelon Center for Mental Health Law, Little Lobbyists, Mental Health America, National Association of Councils on Developmental Disabilities, National Council on Independent Living, National Disability Rights Network, National Federation of the Blind, New York Civil Liberties Union, The Arc of the United States, United Spinal Association. (Attachments: # 1 Exhibit A - Proposed Brief of Amici Curiae the American Civil Liberties Union, Center for Public Representation, et al. in Support of Plaintiffs' Motion for Preliminary Injunction)(Ray, Sarah) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 56 MOTION for Charles Ferer Sprague to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17585334. Motion and supporting papers to be reviewed by Clerk's Office staff., 57 MOTION for Kyle A. Virgien to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17585342. Motion and supporting papers to be reviewed by Clerk's Office staff., 55 MOTION for Sarah M. Ray to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17585268. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

Sept. 12, 2019

Sept. 12, 2019

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 52 MOTION for Andrew Paul Cohen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17583616. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

Sept. 12, 2019

Sept. 12, 2019

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 61 MOTION for Julio A. Thompson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17589071. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

Sept. 12, 2019

Sept. 12, 2019

PACER
59

MOTION for Regan Bailey to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17587865. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Society on Aging, Caring Across Generations, Jewish Family Service of Los Angeles, Justice in Aging, MAZON, National Council on Aging, National Hispanic Council on Aging, PHI, The National Asian Pacific Center on Aging. (Attachments: # 1 Text of Proposed Order)(Bailey, Regan) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 59 MOTION for Regan Bailey to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17587865. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

Sept. 12, 2019

Sept. 12, 2019

PACER
60

ORDER FOR ADMISSION PRO HAC VICE granting 39 Motion for Natalie Kean to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 9/11/2019) (jwh) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER
61

MOTION for Julio A. Thompson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17589071. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Vermont. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit)(Thompson, Julio) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER
62

ORDER granting 58 Letter Motion to File Amicus Brief: Upon consideration of amici American Civil Liberties Union, Center for Public Representation, American Association of People with Disabilities, Association of University Centers on Disabilities, Autistic Self Advocacy Network, Civil Rights Education and Enforcement Center, Coelho Center for Disability Law, Policy and Innovation, Disability Rights Advocates, Disability Rights Education and Defense Fund, Judge David L. Bazelon Center for Mental Health Law, Little Lobbyists, Mental Health America, National Association of Councils on Developmental Disabilities, National Council on Independent Living, National Disability Rights Network, National Federation of the Blind, The Arc of United States, United Spinal Association, Disability Rights New York and New York Civil Liberties Union's motion for leave to file an amici curiae brief in support of Plaintiffs, (ECF No. 58), it is hereby ORDERED that the motion is GRANTED. (Signed by Judge George B. Daniels on 9/12/2019) (jwh) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER
63

ORDER granting 54 Motion to File Amicus Brief: Upon consideration of amici Health Law Advocates, Health Care For All, the Massachusetts Law Reform Institute, Northeastern University's Center for Health Policy and Law, Public Health Law Watch, and Health in Justice Action Lab, Northwest Health Law Advocates, Charlotte Center for Legal Advocacy, the Latino Coalition for a Healthy California, the California Pan-Ethnic Health Network, Korean Community Center of the East Bay, the California Immigrant Policy Center, the Kentucky Equal Justice Center, the Michigan Immigrant Rights Center, the Florida Health Justice Project, the Maine Immigrant Rights Coalition, the New York Immigration Coalition, Community Healthcare Network, the Arab Community Center for Economic and Social Services, Treatment Action Group, Families USA, UMass Memorial Health Care, Inc., and Community Catalyst's motion for leave to file an amici curiae brief in support of Plaintiffs, (ECF No. 54), it is hereby ORDERED that the motion is GRANTED. (Signed by Judge George B. Daniels on 9/12/2019) (jwh) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER
64

ORDER granting 47 Motion to File Amicus Brief. Upon consideration of amici Members of Congress Judy Chu, Chair of the CAP AC, Adriano Espaillat, CHC Whip, Yvette D. Clarke, Chair of the CBC Immigration Task Force, Joaquin Castro, Chair of the CHC, Karen Bass, Chair of the CBC, Pramila Jayapal, Chair of the CAP AC Immigration Task Force, Barbara Lee, Co-Chair of the CAP AC Healthcare Task Force, et al.'s motion for leave to file an amici curiae brief in support of Plaintiffs, (ECF No. 4 7), it is hereby ORDERED that the motion is GRANTED. (Signed by Judge George B. Daniels on 9/12/2019) (rro) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER
65

ORDER FOR ADMISSION PRO HAC VICE granting 51 Motion for Andrew London to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 9/12/2019) (ks) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER
66

ORDER FOR ADMISSION PRO HAC VICE granting 55 Motion for Sarah M. Ray to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 9/12/2019) (ks) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER
67

ORDER FOR ADMISSION PRO HAC VICE granting 56 Motion for Charles Ferer Sprague to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 9/12/2019) (ks) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER
68

ORDER FOR ADMISSION PRO HAC VICE granting 48 Motion for Kristyn M. DeFilipp to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 9/12/2019) (ks) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER
69

ORDER FOR ADMISSION PRO HAC VICE granting 48 Motion for Kristyn Marie DeFilipp to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 9/12/2019) (rro) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER
70

ORDER FOR ADMISSION PRO HAC VICE granting 57 Motion for Kyle A. Virgien to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 9/12/2019) (ks) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER
71

ORDER FOR ADMISSION PRO HAC VICE granting 53 Motion for Emily Joanne Nash to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hae Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. SO ORDERED. (Signed by Judge George B. Daniels on 9/12/2019) (kv) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER
72

ORDER FOR ADMISSION PRO HAC VICE granting 59 Motion for Regan Bailey to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge George B. Daniels on 9/12/2019) (kv) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER
73

ORDER FOR ADMISSION PRO HAC VICE granting 52 Motion for Andrew Paul Cohen to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge George B. Daniels on 9/12/2019) (kv) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER
74

ORDER FOR ADMISSION PRO HAC VICE granting 49 MOTION for Justin J. Lowe to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 9/12/2019) (jca) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER
75

ORDER FOR ADMISSION PRO HAC VICE granting 50 MOTION for Wendy Ellen Parmet to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 9/12/2019) (jca) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER
76

NOTICE of Filing of Corrected Exhibit 9 to Declaration of Elena Goldstein re: 34 Declaration in Support of Motion,,,,,,,. Document filed by State of New York. (Attachments: # 1 Corrected Declaration of David Dyssegaard Kallick (Exhibit 9 to Declaration of Elena Goldstein), # 2 Redline Version of Declaration of David Dyssegaard Kallick)(Chu, Ming-Qi) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER

***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 78 Proposed Order was reviewed and approved as to form. (km)

Sept. 13, 2019

Sept. 13, 2019

PACER
77

MOTION to File Amicus Brief . Document filed by NHLP; FRAC; CLASP, et al.. (Attachments: # 1 Amicus Brief)(Yu, Victor) (Entered: 09/13/2019)

Sept. 13, 2019

Sept. 13, 2019

PACER
78

PROPOSED ORDER. Document filed by NHLP; FRAC; CLASP, et al.. Related Document Number: 77 . (Yu, Victor) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 09/13/2019)

Sept. 13, 2019

Sept. 13, 2019

PACER
79

ORDER FOR ADMISSION PRO HAC VICE granting 61 MOTION for Julio A. Thompson to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 9/13/2019) (jca) (Entered: 09/13/2019)

Sept. 13, 2019

Sept. 13, 2019

PACER
80

ORDER granting 77 Motion to File Amicus Brief: Upon consideration of amici the National Housing Law Project, the Food Research & Action Center, the Center for Law and Social Policy, and the other Housing, Nutrition, and Health-Focused Groups' motion for leave to file an amici curiae brief in support of Plaintiffs, (ECF No. 77), it is hereby ORDERED that the motion is GRANTED. (Signed by Judge George B. Daniels on 9/13/2019) (jwh) (Entered: 09/13/2019)

Sept. 13, 2019

Sept. 13, 2019

PACER
81

LETTER MOTION for Extension of Time to File Response/Reply as to 33 MOTION for Preliminary Injunction . addressed to Judge George B. Daniels from Joshua Kolsky dated September 13, 2019. Document filed by Kenneth T. Cuccinelli II, Kevin K. McAleenan, United States Citizenship and Immigration Services, United States Department of Homeland Security, United States of America.(Kolsky, Joshua) (Entered: 09/13/2019)

Sept. 13, 2019

Sept. 13, 2019

PACER

Case Details

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Public Benefits/Government Services

Special Collection(s):

Trump Immigration Enforcement Order Challenges

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 21, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

State and City of New York, State of Connecticut, State of Vermont.

Plaintiff Type(s):

City/County Plaintiff

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of Homeland Security, Federal

United States of America, Federal

United States Citizenship and Immigration Services, Federal

Acting Secretary, Federal

Acting Director, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

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

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2019 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Housing assistance

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

Discrimination-basis:

Immigration status

National origin discrimination

Benefit Source:

Food stamps

Medicaid

Immigration/Border:

Admission - criteria

Constitutional rights

Visas - criteria

Visas - procedures

National Origin/Ethnicity:

Hispanic