Case: La Clinica de la Raza v. Trump

4:19-cv-04980 | U.S. District Court for the Northern District of California

Filed Date: Aug. 16, 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 country granted preliminary injunctions enjoining the government from implementing the public charge…

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 country 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. The district court in this case denied a preliminary injunction but issued a preliminary injunction covering California in a related case. This preliminary injunction was stayed pending the Supreme Court's disposition on petitions for certiorari from the Second and Seventh Circuits on similar injunctions. On February 2, 2021, President Biden issued an Executive Order calling for DHS to review agency actions related to the implementation of the public charge rule. A little over a month later on March 9, 2021, DHS officially abandoned the rule and the petitions for certiorari were voluntarily dismissed by the government.

Healthcare Providers and Nonprofits Sue Over the Public Charge Rule

On August 16, 2019, several healthcare providers and nonprofit organizations serving immigrant communities filed this suit in the United States District Court for the Northern District of California. The plaintiffs sued Donald J. Trump, in his official capacity as President of the United States, the Department of Homeland Security (DHS) and its acting secretary in his official capacity, and United States Citizenship and Immigration Services (USCIS) and its acting secretary in his official capacity, under the Administrative Procedure Act (APA). The plaintiffs sought relief to declare the Department of Homeland Security’s Final Rule (the Rule) vacated due to violations of the APA and unconstitutional for violations of the Equal Protection Clause of the Fifth Amendment. The plaintiffs also sought to preliminarily and permanently enjoin the Rule from being implemented and enforced. The case was initially assigned to Magistrate Judge Jacqueline Scott Corley but was reassigned to District Judge Haywood S Gilliam, Jr after the plaintiffs declined to proceed before a magistrate judge.

On August 14, 2019, the DHS published a revised, final public charge rule, which defines 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 Rule increases 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. 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.” The traditional conception of public charge has meant "someone who is primarily dependent on the government to avoid destitution." Under the Rule, an immigrant who uses non-cash benefits such as food stamps or Medicaid (the plaintiffs have alleged that over one-half of U.S. citizens can be expected to use one of these programs at some point in their lifetime), 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. According to a New York Times article, the new standards would directly affect about 1.2 million applicants annually, primarily immigrants from Africa and Latin America.

The plaintiffs asserted four claims for relief against the defendants. First, the plaintiffs asserted that the Rule's definition of public charge was "contrary to the plain and well- established meaning of that phrase, and to how it has been interpreted and applied since 1882." In support of this claim, the plaintiffs stated that Congress has repeatedly declined to change the longstanding definition of public charge. The plaintiffs also claimed that the Rule is arbitrary and capricious, as it departs from prior law and practice without adequate explanation of the reasons for the departure and consideration for the consequences of the change. Next, the plaintiffs asserted that in enacting the Rule, "defendants acted with improper discriminatory intent and bias against non-white immigrants," in violation of the Equal Protection Clause of the Fifth Amendment. Lastly, the plaintiffs argued that the Rule was invalid because it was issued by the acting head of the USCIS and that his designation as acting head of USCIS violated the Constitution and federal law.

The plaintiffs sought to enjoin the implementation and enforcement of the Rule to prevent harm to themselves and the immigrant families they represent; "The Rule has and will continue to divert Plaintiffs’ resources, both to address the harmful effects of the Rule and to educate immigrant families about those effects, preventing Plaintiffs from carrying out other aspects of their missions and ensuring that their patients, members, and clients do not forgo critical services to lead healthy, productive, and successful lives."

The case was ordered related to City and County of San Francisco v. U.S. Citizenship and Immigration Services (IM-CA-0156) on August 30, 2019. Accordingly, the case was reassigned to the judge presiding over that related case, Judge Phyllis J. Hamilton.

Plaintiffs Seek A Nationwide Preliminary Injunction

On September 4, 2019, the plaintiffs filed a motion for preliminary injunction, seeking a nationwide injunction enjoining the defendants from implementing and enforcing the Rule and an order postponing the effective date of the Rule pending judicial review. The plaintiffs argued that a preliminary injunction was appropriate because of their likely success on the merits and that absent an injunction, the Rule would cause plaintiffs to suffer irreparable harm "by interfering with their missions, forcing them to divert resources from providing their core services to handling the effect of the Regulation, and depriving them of revenue." In their opposition to the motion for preliminary injunction, the defendants argued that the plaintiffs have "no basis for turning their abstract policy disagreement with the Executive Branch into a nationwide injunction." The defendants asserted that because the plaintiffs are "municipalities rather than [noncitizens] governed by the Rule," they cannot meet jurisdictional requirements. Furthermore, the defendants contended that the Rule was not unlawful, as it "reflects Congress’s delegation of broad authority to the Executive Branch concerning the meaning of 'public charge'" and was "the product of a well-reasoned process that considered the plain text of the statute, legislative intent, statistical evidence, and the substance of hundreds of thousands of comments submitted by the public."

The Court Grants a Geographically Limited Preliminary Injunctions

Following a hearing on October 2, 2019, on October 11, 2019, Judge Hamilton issued an order denying the plaintiffs' motion for preliminary injunction, but granted preliminary injunctions in two related cases that would enjoin the defendants from implementing and enforcing the Rule in California, Oregon, the District of Columbia, Maine, and Pennsylvania. 408 F. Supp. 3d 1057.

Judge Hamilton denied the plaintiffs' motion for preliminary injunction in the current case, finding that the plaintiffs "have not met their burden to demonstrate that there are serious questions concerning whether they are within the challenged statute’s zone of interest, and certainly they have failed to demonstrate a likelihood that they are able to bring the APA actions underlying their present motion."

Judge Hamilton concluded that a preliminary injunction was appropriate in the two related cases because the plaintiff states and counties were likely to succeed on the merits of their APA claims and would be irreparably harmed absent an injunction. However, Judge Hamilton did not grant the plaintiffs' request to enjoin the implementation of the Rule nationwide. Because the plaintiff states and counties did not establish "the necessity of such relief," the scope of the injunction was limited to California, Oregon, the District of Columbia, Maine, and Pennsylvania.

The Ninth Circuit and Supreme Court Stay the Preliminary Injunctions

On December 5, 2019, a Ninth Circuit panel issued an order in a related case, City and County of San Francisco, granting the government's emergency motion to stay the preliminary injunction in California, Oregon, the District of Columbia, Maine, and Pennsylvania. In the same order, the Ninth Circuit panel stayed a nationwide injunction that was issued by the United States District Court for the Eastern District of Washington in State of Washington v. U.S. Department of Homeland Security.

Following the stay, on December 10, plaintiffs in this case filed notice that they would appeal the district court's October 11 decision denying their preliminary injunction. However, they withdrew their appeal shortly thereafter, and it was dismissed by the Ninth Circuit on February 4, 2020. 2020 WL 1170719.

On January 27, 2020, the Supreme Court, in State of New York, issued a stay on all nationwide injunctions enjoining the defendants from implementing the Rule. 140 S.Ct. 599. Following this decision, the defendants indicated that the Rule would be implemented and enforced starting February 24, 2020.

Defendants’ Motion to Dismiss

Back in the district court, defendants filed a motion to dismiss for failure to state a claim on April 22. In response, plaintiffs filed an amended complaint on May 20. Defendants filed a new motion to dismissed the amended complaint on June 10.

On August 7, Judge Hamilton granted the motion to dismiss in part. He deferred ruling on the arbitrariness and capriciousness of the new public charge rule pending a Ninth Circuit ruling on the preliminary injunction. 477 F. Supp. 3d 951. He held that plaintiffs did not lack standing, and so denied that part of the motion to dismiss. However, he granted dismissal of plaintiffs' invalid appointment claims, holding (1) that President Trump had the authority to appoint Acting Secretary of DHS McAleenan; and (2) the Public Charge rule wasn't promulgated under Acting Secretary of USCIS Cuccinelli’s authority, making his appointment irrelevant to the complaint. Judge Hamilton also granted dismissal of, but with leave to amend, the equal protection claim. He held that the disparate impact was real but not dispositive; that none of the statements pointing to racial motivation were stated by anyone directly involved in promulgating the Rule; and that fast-tracking the Rule was not indicative of discriminatory intent.

Plaintiffs moved to reconsider the ruling on September 10. On November 25, Judge Hamilton granted the motion to reconsider and amended his August 7 order. 2020 WL 6940934. He reversed his dismissal of the claims against McAleenan's appointment, finding that factual investigation would be required to determine whether President Trump's tweet appointing McAleenan violated the order of succession outlined in Executive Order 13753.

Preliminary Injunction is Affirmed in the Ninth Circuit then Stayed

On December 2, the Ninth Circuit affirmed a preliminary injunction from the related case of City and County of San Francisco. 981 F.3d 742. However, Judge Hamilton stayed the order on December 17, as did the Ninth Circuit on January 20, 2021, pending the Supreme Court's disposition on petitions for certiorari from the Second and Seventh Circuits.

President Biden Issues Executive Order to Review the Public Charge Rule

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

On March 9, 2021, plaintiffs moved for summary judgment on the grounds that the Rule had been implemented by DHS Acting Secretary Kevin McAleenan. Pointing out that this court and others throughout the country had determined Mr. McAleenan was serving invalidly, the plaintiffs argued he therefore lacked authority to implement the rule. They also argued that defendants' attempts to ratify the rule through Chad Wolf instead suffered from similar issues of lacking authority.

The Rule is Officially Abandoned and Vacated

Also on March 9, 2021, DHS formally abandoned the rule. The government voluntarily dismissed its appeal to the Seventh Circuit, lifting the stay of the Northern District of Illinois' November 2, 2020 decision vacating the Public Charge Final Rule nationwide from (Cook County v. Wolf). That same day, at all parties' requests, the Supreme Court dismissed the pending petition for Cook County, as well as similar petitions for the Ninth (City and County of San Francisco v. USCIS) and Second (New York v. DHS) Circuits.

On March 10, eleven state attorneys general, led by Ken Paxton of Texas, moved to intervene as defendants in the Ninth Circuit. They filed similar motions in the Seventh and Fourth Circuits, and a day later on March 11, they filed an emergency application to the Supreme Court to intervene on behalf of the government and stay the judgment from Cook County.

On April 9, 2021 the Ninth Circuit ruled 2-1 to deny the motion to intervene without an opinion. 2021 WL 1310846. However, Judge Vandyke wrote a lengthy dissent, arguing that the Biden administration was now colluding with the plaintiffs in the Public Charge lawsuits, making their interests at odds with the interests of the states who were seeking to intervene. He explained that this case was clearly still worth pursuing, since it had sufficient merit to warrant Supreme Court review and the government was circumventing APA requirements. Moreover, even though the Rule had been vacated, there was still a chance the Supreme Court may reverse that decision, making this lawsuit not yet moot.

As of April 15, 2021, the Public Charge Final Rule has been abandoned and vacated nationwide. The parties are currently conferring on how this will impact litigation. The case is ongoing.

Summary Authors

Aaron Gurley (3/6/2020)

Jack Kanarek (4/15/2021)

Related Cases

City and County of San Francisco v. U.S. Citizenship and Immigration Services, Northern District of California (2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16068767/parties/la-clinica-de-la-raza-v-biden/


Judge(s)

Hamilton, Phyllis Jean (California)

Hollander, Ellen Lipton (Maryland)

Attorneys(s) for Plaintiff

Broder, Tanya (California)

Cho, Michelle (California)

Cuevas Ingram, Joanna Elise (New York)

Dozier, Antionette D (California)

Espiritu, Nicholas David (California)

Herrera, Kevin L. (Illinois)

Hoq, Laboni Amena (California)

Huerta, Alvaro M. (California)

Judge(s)

Hamilton, Phyllis Jean (California)

Hollander, Ellen Lipton (Maryland)

Attorneys(s) for Plaintiff

Broder, Tanya (California)

Cho, Michelle (California)

Cuevas Ingram, Joanna Elise (New York)

Dozier, Antionette D (California)

Espiritu, Nicholas David (California)

Herrera, Kevin L. (Illinois)

Hoq, Laboni Amena (California)

Huerta, Alvaro M. (California)

Joachin, Mayra B. (California)

Joaquin, Linton (California)

Kane, David Michael (California)

Newman, Robert D. Jr. (California)

Perkins, Martha Jane (North Carolina)

Senachai, Yanin (California)

Wolson, Max (District of Columbia)

Attorneys(s) for Defendant

Davis, Ethan P. (District of Columbia)

Kolsky, Joshua (District of Columbia)

Lowe, Justin Jonathan (Massachusetts)

Soskin, Eric J. (District of Columbia)

Other Attorney(s)

Assi, Christina Maria (California)

Bailey, Regan Monica (Maryland)

Cadena, Christopher (California)

Cecere, Joseph Carl Jr. (Texas)

Chan, Denny W. (California)

Cohen, Andrew Paul (Massachusetts)

DeFilipp, Kristyn (Massachusetts)

Dermody, Kelly M. (California)

Doi, Kathryn Ellen (California)

Escoriaza, Phillip A. (District of Columbia)

Frisina, Christopher J (District of Columbia)

Gonzales, Michelle Roberts (California)

Hirschhorn, Russell L. (New York)

Huseny, Sadik Harry (California)

Kean, Natalie Elise (District of Columbia)

Krumplitsch, Susan Marie (California)

Kuwahara, Emily Tomoko (California)

Levin-Gesundheit, Michael (California)

London, Andrew M. (Massachusetts)

Marotta, Sean (District of Columbia)

Masters, Owen (District of Columbia)

Nash, Emily Joanne (Massachusetts)

Parmet, Wendy Ellen (Massachusetts)

Potente, Alexander Eugene (California)

Reider, Nicholas A. (California)

Risher , Michael Temple (California)

Springer, Christian (District of Columbia)

Sutta, Austin Joan (California)

Thacher, Frances Cheston (California)

Waters, Edward T. (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

La Clinica De La Raza v. Trump

Feb. 9, 2021 Docket
1

Complaint

Aug. 16, 2019 Complaint
59

Memorandum Opinion

Mayor and City Council of Baltimore v. Trump

U.S. District Court for the District of Maryland

Sept. 25, 2019 Order/Opinion
131

Preliminary Injunction

Oct. 11, 2019 Order/Opinion
161

First Amended Complaint for Injunctive and Declaratory Relief

May 20, 2020 Pleading / Motion / Brief
177

Order Granting in Part Denying in Part, and Deferring Ruling in Part on Motion to Dismiss

477 F.Supp.3d 951, 2020 WL 4569462

Aug. 7, 2020 Order/Opinion
189

Amended Order Granting in Part, Denying in Part, and Deferring Rule in Part on Motion to Dismiss

2020 WL 6940934

Nov. 25, 2020 Order/Opinion
188

Order Granting Motion for Reconsideration

2020 WL 7053313

Nov. 25, 2020 Order/Opinion

Resources

Title Description External URL

La Clinica De La Raza et al v. Trump, Northern District of California

Litigation Team

Nonprofits serving immigrant communities filed a lawsuit challenging the Trump administration’s “public charge” regulation. Under the Immigration and Nationality Act, individuals seeking admission to… Aug. 16, 2019 https://healthlaw.org/...

Challenge to Trump Administration’s Public Charge Rule

National Immigration Law Center

Nov. 25, 2020 https://www.nilc.org/...

Executive Order 14012: Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans

President Joseph Biden

Feb. 5, 2021 https://www.govinfo.gov/...

Executive Order 13768: Enhancing Public Safety in the Interior of the United States

President Donald Trump

Jan. 25, 2017 https://www.gpo.gov/...

Refugee Reception and Perception: US Detention Camps and German Welcome Centers

Valeria Gomez & Karla Mari McKanders

The reception of refugees and asylum seekers has emerged as one of the most critical contemporary global issues. In 2015, the world experienced the most forced migrants since World War II. This essay… March 31, 2017 https://papers.ssrn.com/...

Sanctuary: K-12 School Districts in Agricultural Communities

Cecilia Barnes

This comment was initiated some eight months after the Executive Order was issued and well after the Executive Order’s enforcement had been challenged by multiple lawsuits on constitutional grounds. … Jan. 1, 2017 http://www.sjcl.edu/...

Libraries Keep a Resourceful Eye on the President

George H. Pike

From the earliest times, libraries have had a mission to collect, curate, organize, and disseminate knowledge and information as broadly as possible for the benefit of the societies they serve. Libra… June 6, 2017 http://newsbreaks.infotoday.com/...

Executive Orders on Travel and Immigration Create a Far-from-Ordinary Semester in Michigan Law's Civil Rights Litigation Clearinghouse

Julie Aust, Jamie Kessler, and Virginia Weeks

President Donald J. Trump's second travel ban for nationals from a group of predominantly Muslim countries was scheduled to take effect on March 16, 2017—until it was enjoined the day before by the U… March 16, 2017 None

Re: Implementing the President's Border Security and Immigration Enforcement Improvements Policies (Final, 2/20/2017)

DHS Secretary John Kelly

Feb. 20, 2017 https://www.dhs.gov/...

Re: Enforcement of the Immigration Laws to Serve the National Interest (Final, 2/20/2017)

DHS Secretary John Kelly

Feb. 20, 2017 https://www.dhs.gov/...

Executive Order 13767: Border Security and Immigration Enforcement Improvements

President Donald Trump

Jan. 27, 2017 None

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16068767/la-clinica-de-la-raza-v-biden/

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

ECF Number Description Date Link
4

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by AFRICAN COMMUNITIES TOGETHER, California Primary Care Association, Central American Resource Center, Council on American Islamic Relations-California, Farmworker Justice, Korean Resource Center, La Clinica De La Raza, Legal Aid Society of San Mateo County, Maternal and Child Health Access.. (Espiritu, Nicholas) (Filed on 8/16/2019) (Entered: 08/16/2019)

Aug. 16, 2019 PACER

~Util - Case Assigned by Intake

Aug. 16, 2019 PACER
3

Case assigned to Magistrate Judge Jacqueline Scott Corley. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 8/30/2019. (as, COURT STAFF) (Filed on 8/16/2019) (Entered: 08/16/2019)

Aug. 16, 2019 PACER
2

Proposed Summons. (Espiritu, Nicholas) (Filed on 8/16/2019) (Entered: 08/16/2019)

Aug. 16, 2019 PACER
1

COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-13617966.). Filed byAFRICAN COMMUNITIES TOGETHER, Maternal and Child Health Access, Legal Aid Society of San Mateo County, Korean Resource Center, California Primary Care Association, Central American Resource Center, Farmworker Justice, La Clinica De La Raza, Council on American Islamic Relations-California. (Attachments: # 1 Civil Cover Sheet)(Espiritu, Nicholas) (Filed on 8/16/2019) (Entered: 08/16/2019)

1 Civil Cover Sheet

View on PACER

Aug. 16, 2019 RECAP
16

NOTICE of Appearance by Joanna Elise Cuevas Ingram (Cuevas Ingram, Joanna) (Filed on 8/19/2019) (Entered: 08/19/2019)

Aug. 19, 2019 RECAP
15

NOTICE of Appearance by Tanya Broder (Broder, Tanya) (Filed on 8/19/2019) (Entered: 08/19/2019)

Aug. 19, 2019 RECAP
14

NOTICE of Appearance by Mayra Beatriz Joachin (Joachin, Mayra) (Filed on 8/19/2019) (Entered: 08/19/2019)

Aug. 19, 2019 RECAP
13

NOTICE of Appearance by Alvaro Moises Huerta (Huerta, Alvaro) (Filed on 8/19/2019) (Entered: 08/19/2019)

Aug. 19, 2019 RECAP
12

NOTICE of Appearance by Linton Joaquin (Joaquin, Linton) (Filed on 8/19/2019) (Entered: 08/19/2019)

Aug. 19, 2019 RECAP
11

NOTICE of Appearance by Martha Jane Perkins (Perkins, Martha) (Filed on 8/19/2019) (Entered: 08/19/2019)

Aug. 19, 2019 RECAP
10

Summons Issued as to Kevin K. McAleenan. (msrS, COURT STAFF) (Filed on 8/19/2019) (Entered: 08/19/2019)

Aug. 19, 2019 PACER
9

Summons Issued as to Kenneth T. Cuccinelli. (msrS, COURT STAFF) (Filed on 8/19/2019) (Entered: 08/19/2019)

Aug. 19, 2019 PACER
8

Summons Issued as to United States Citizenship and Immigration Services. (msrS, COURT STAFF) (Filed on 8/19/2019) (Entered: 08/19/2019)

Aug. 19, 2019 RECAP
7

Summons Issued as to United States Department of Homeland Security. (msrS, COURT STAFF) (Filed on 8/19/2019) (Entered: 08/19/2019)

Aug. 19, 2019 RECAP
6

Summons Issued as to Donald J. Trump. (msrS, COURT STAFF) (Filed on 8/19/2019) (Entered: 08/19/2019)

Aug. 19, 2019 RECAP
5

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/7/2019. Initial Case Management Conference set for 11/14/2019 01:30 PM in San Francisco, Courtroom F, 15th Floor. (msrS, COURT STAFF) (Filed on 8/19/2019) (Entered: 08/19/2019)

Aug. 19, 2019 RECAP
19

NOTICE of Appearance by David Michael Kane (Kane, David) (Filed on 8/20/2019) (Entered: 08/20/2019)

Aug. 20, 2019 RECAP

Clerk's Notice of Impending Reassignment - Text Only

Aug. 20, 2019 PACER
18

MOTION for leave to appear in Pro Hac Vice on behalf of Max S. Wolson ( Filing fee $ 310, receipt number 0971-13627809.) filed by African Communities Together, California Primary Care Association, Central American Resource Center, Council on American Islamic Relations-California, Korean Resource Center, La Clinica De La Raza, Legal Aid Society of San Mateo County, Maternal and Child Health Access. (Attachments: # 1 Certificate of Good Standing)(Wolson, Max) (Filed on 8/20/2019) (Entered: 08/20/2019)

1 Certificate of Good Standing

View on PACER

Aug. 20, 2019 RECAP
17

CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ahm, COURT STAFF) (Filed on 8/20/2019) (Entered: 08/20/2019)

Aug. 20, 2019 PACER
24

NOTICE of Appearance by Antionette Deshun Dozier (Dozier, Antionette) (Filed on 8/21/2019) (Entered: 08/21/2019)

Aug. 21, 2019 PACER
23

ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Jacqueline Scott Corley no longer assigned to the case.. Signed by The Clerk on 8/21/19. (haS, COURT STAFF) (Filed on 8/21/2019) (Entered: 08/21/2019)

Aug. 21, 2019 RECAP
22

NOTICE of Appearance by Yanin Senachai (Senachai, Yanin) (Filed on 8/21/2019) (Entered: 08/21/2019)

Aug. 21, 2019 PACER
21

NOTICE of Appearance by Michelle Young Cho (Cho, Michelle) (Filed on 8/21/2019) (Entered: 08/21/2019)

Aug. 21, 2019 PACER
20

NOTICE of Appearance by Laboni Amena Hoq (Hoq, Laboni) (Filed on 8/21/2019) (Entered: 08/21/2019)

Aug. 21, 2019 PACER
26

Judicial Referral for Purpose of Determining Relationship of Cases re 19-cv- 4717-PJH. Signed by Judge Haywood S. Gilliam, Jr. on 8/22/2019. (ndrS, COURT STAFF) (Filed on 8/22/2019) (Entered: 08/22/2019)

Aug. 22, 2019 RECAP

Clerk's Notice

Aug. 22, 2019 PACER
25

CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that a Case Management Conference has been set for November 19, 2019, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA. Case Management Statement due by November 12, 2019. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:19-cv-04980-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 8/22/2019) (Entered: 08/22/2019)

Aug. 22, 2019 PACER
27

ORDER by Judge Haywood S. Gilliam, Jr. Granting 18 Motion for Pro Hac Vice as to Max S. Wolson. (ndrS, COURT STAFF) (Filed on 8/23/2019) (Entered: 08/23/2019)

Aug. 23, 2019 RECAP
28

ORDER DIRECTING PARTIES TO FILE RESPONSE TO 26 JUDICIAL REFERRAL FOR PURPOSE OF DETERMINING RELATIONSHIP OF CASES. Responses due by 8/29/2019.Signed by Judge Haywood S. Gilliam, Jr. on 8/27/2019. (ndrS, COURT STAFF) (Filed on 8/27/2019) (Entered: 08/27/2019)

Aug. 27, 2019 RECAP
30

RESPONSE to 28 Order in Support of 26 Judicial Referral for Purpose of Determining Relationship of Cases by African Communities Together, California Primary Care Association, Central American Resource Center, Council on American Islamic Relations-California, Farmworker Justice, Korean Resource Center, La Clinica De La Raza, Legal Aid Society of San Mateo County, Maternal and Child Health Access. (Espiritu, Nicholas) (Filed on 8/29/2019) Modified on 8/30/2019 (jjbS, COURT STAFF). (Entered: 08/29/2019)

Aug. 29, 2019 PACER
29

ADMINISTRATIVE MOTION Motion To Exceed Applicable Page Limitations For Plaintiffs Motion For Preliminary Injunction filed by African Communities Together, California Primary Care Association, Central American Resource Center, Council on American Islamic Relations-California, Farmworker Justice, Korean Resource Center, La Clinica De La Raza, Legal Aid Society of San Mateo County, Maternal and Child Health Access. Responses due by 9/3/2019. (Attachments: # 1 Declaration Declaration Of Mayra Joachin In Support Of Plaintiffs Administrative Motion To Exceed Applicable Page Limitations For Plaintiffs Motion For Preliminary Injunction, # 2 Proposed Order Proposed Order In Support Of Plaintiffs Administrative Motion To Exceed Applicable Page Limitations For Plaintiffs Motion For Preliminary Injunction)(Espiritu, Nicholas) (Filed on 8/29/2019) (Entered: 08/29/2019)

1 Declaration Declaration Of Mayra Joachin In Support Of Plaintiffs Administrative

View on PACER

2 Proposed Order Proposed Order In Support Of Plaintiffs Administrative Motion To

View on PACER

Aug. 29, 2019 RECAP
34

SUMMONS Returned Executed by African Communities Together, Maternal and Child Health Access, Legal Aid Society of San Mateo County, Korean Resource Center, California Primary Care Association, Central American Resource Center, Farmworker Justice, La Clinica De La Raza, Council on American Islamic Relations-California. All Defendants. (Espiritu, Nicholas) (Filed on 8/30/2019) (Entered: 08/30/2019)

Aug. 30, 2019 PACER
33

ORDER GRANTING PLAINTIFFS' ADMINISTRATIVE MOTION TO EXCEED APPLICABLE PAGE LIMITATIONS FOR PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION by Judge Phyllis J. Hamilton granting 29 Administrative Motion. (kcS, COURT STAFF) (Filed on 8/30/2019) (Entered: 08/30/2019)

Aug. 30, 2019 PACER
32

ORDER SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 11/7/2019. Initial Case Management Conference set for 11/14/2019 at 02:00 PM in Oakland, Courtroom 3, 3rd Floor. Signed by Judge Phyllis J. Hamilton on 8/30/19. (kcS, COURT STAFF) (Filed on 8/30/2019) (Entered: 08/30/2019)

Aug. 30, 2019 RECAP
31

ORDER RELATING CASE. Case C-19-4980 is related to case C-19-4717-PJH. Case reassigned to Judge Phyllis J. Hamilton for all further proceedings. Judge Haywood S Gilliam, Jr no longer assigned to the case. Signed by Judge Phyllis J. Hamilton on 8/30/19. (kcS, COURT STAFF) (Filed on 8/30/2019) (Entered: 08/30/2019)

Aug. 30, 2019 PACER

Set/Reset Deadlines as to 35 MOTION for Preliminary Injunction . Opposition due by 9/16/2019. Reply due by 9/20/2019. Motion Hearing set for 10/2/2019 at 09:00 AM in Oakland, Courtroom 3, 3rd Floor before Judge Phyllis J. Hamilton. (kcS, COURT STAFF) (Filed on 9/4/2019)

Sept. 4, 2019 PACER
42

NOTICE of Appearance by Joshua Michael Kolsky (Kolsky, Joshua) (Filed on 9/4/2019) (Entered: 09/04/2019)

Sept. 4, 2019 PACER

Set Motion and Deadlines/Hearings

Sept. 4, 2019 PACER
41

ORDER RESCHEDULING HEARING DATE AND SETTING BRIEFING SCHEDULE. Signed by Judge Phyllis J. Hamilton on 9/4/2019. (pjhlc1S, COURT STAFF) (Filed on 9/4/2019) (Entered: 09/04/2019)

Sept. 4, 2019 RECAP

Set Deadlines as to 35 MOTION for Preliminary Injunction . Motion Hearing set for 10/9/2019 at 09:00 AM in Oakland, Courtroom 3, 3rd Floor before Judge Phyllis J. Hamilton. (kcS, COURT STAFF) (Filed on 9/3/2019)

Sept. 4, 2019 PACER
40

CERTIFICATE OF SERVICE by African Communities Together, California Primary Care Association, Central American Resource Center, Council on American Islamic Relations-California, Farmworker Justice, Korean Resource Center, La Clinica De La Raza, Legal Aid Society of San Mateo County, Maternal and Child Health Access re 36 Declaration in Support,,,, 39 Declaration in Support,, 37 Declaration in Support,, 38 Declaration in Support,, 35 MOTION for Preliminary Injunction (Espiritu, Nicholas) (Filed on 9/4/2019) (Entered: 09/04/2019)

Sept. 4, 2019 PACER
39

Declaration of Jennifer L. Van Hook in Support of 35 MOTION for Preliminary Injunction filed byAfrican Communities Together, California Primary Care Association, Central American Resource Center, Council on American Islamic Relations-California, Farmworker Justice, Korean Resource Center, La Clinica De La Raza, Legal Aid Society of San Mateo County, Maternal and Child Health Access. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Related document(s) 35 ) (Espiritu, Nicholas) (Filed on 9/4/2019) (Entered: 09/04/2019)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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Sept. 4, 2019 PACER
38

Declaration of Danilo Trisi, Ph.D. in Support of 35 MOTION for Preliminary Injunction filed byAfrican Communities Together, California Primary Care Association, Central American Resource Center, Council on American Islamic Relations-California, Farmworker Justice, Korean Resource Center, La Clinica De La Raza, Legal Aid Society of San Mateo County, Maternal and Child Health Access. (Attachments: # 1 Exhibit A)(Related document(s) 35 ) (Espiritu, Nicholas) (Filed on 9/4/2019) (Entered: 09/04/2019)

1 Exhibit A

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Sept. 4, 2019 PACER
37

Declaration of Leighton Ku, Ph.D. in Support of 35 MOTION for Preliminary Injunction filed byAfrican Communities Together, California Primary Care Association, Central American Resource Center, Council on American Islamic Relations-California, Farmworker Justice, Korean Resource Center, La Clinica De La Raza, Legal Aid Society of San Mateo County, Maternal and Child Health Access. (Attachments: # 1 Exhibit A)(Related document(s) 35 ) (Espiritu, Nicholas) (Filed on 9/4/2019) (Entered: 09/04/2019)

1 Exhibit A

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Sept. 4, 2019 PACER
36

Declaration of Michelle Y. Cho in Support of 35 MOTION for Preliminary Injunction filed byAfrican Communities Together, California Primary Care Association, Central American Resource Center, Council on American Islamic Relations-California, Farmworker Justice, Korean Resource Center, La Clinica De La Raza, Legal Aid Society of San Mateo County, Maternal and Child Health Access. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC)(Related document(s) 35 ) (Espiritu, Nicholas) (Filed on 9/4/2019) (Entered: 09/04/2019)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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17 Exhibit Q

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18 Exhibit R

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19 Exhibit S

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20 Exhibit T

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21 Exhibit U

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22 Exhibit V

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23 Exhibit W

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24 Exhibit X

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25 Exhibit Y

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26 Exhibit Z

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27 Exhibit AA

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28 Exhibit BB

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29 Exhibit CC

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Sept. 4, 2019 PACER
35

MOTION for Preliminary Injunction filed by African Communities Together, California Primary Care Association, Central American Resource Center, Council on American Islamic Relations-California, Farmworker Justice, Korean Resource Center, La Clinica De La Raza, Legal Aid Society of San Mateo County, Maternal and Child Health Access. Responses due by 9/18/2019. Replies due by 9/25/2019. (Attachments: # 1 Proposed Order, # 2 Declaration Amaha Kassa, # 3 Declaration Castellano-Garcia, # 4 Declaration Daniel Sharp, # 5 Declaration Jane Garcia, # 6 Declaration Bruce Goldstein, # 7 Declaration Hussam Ayloush, # 8 Declaration Jenny Seon, # 9 Declaration Lynn Kersey, # 10 Declaration Hope Nakamura, # 11 Declaration Thu Quach)(Espiritu, Nicholas) (Filed on 9/4/2019) (Entered: 09/04/2019)

1 Proposed Order

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2 Declaration Amaha Kassa

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3 Declaration Castellano-Garcia

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4 Declaration Daniel Sharp

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5 Declaration Jane Garcia

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6 Declaration Bruce Goldstein

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7 Declaration Hussam Ayloush

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8 Declaration Jenny Seon

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9 Declaration Lynn Kersey

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10 Declaration Hope Nakamura

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11 Declaration Thu Quach

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Sept. 4, 2019 PACER
56

MOTION for Leave to File Brief of Amici Curiae 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 Proposed Order, # 2 Proposed Amicus Curiae Brief)(Assi, Christina) (Filed on 9/9/2019) (Entered: 09/09/2019)

1 Proposed Order

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2 Proposed Amicus Curiae Brief

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Sept. 9, 2019 PACER

Set Motion and Deadlines/Hearings

Sept. 9, 2019 PACER
55

MOTION for leave to appear in Pro Hac Vice by Natalie Kean ( Filing fee $ 310, receipt number 0971-13687736.) 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. (Kean, Natalie) (Filed on 9/9/2019) (Entered: 09/09/2019)

Sept. 9, 2019 PACER
54

NOTICE of Appearance by Kathryn E. Doi. (Frisina, Christopher) (Filed on 9/9/2019) (Entered: 09/09/2019)

Sept. 9, 2019 PACER
53

MOTION for leave to appear in Pro Hac Vice by Regan Bailey ( Filing fee $ 310, receipt number 0971-13687573.) 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. (Bailey, Regan) (Filed on 9/9/2019) (Entered: 09/09/2019)

Sept. 9, 2019 PACER
52

MOTION for leave to appear in Pro Hac Vice by Denny Chan ( Filing fee $ 310, receipt number 0971-13687357.) 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. (Chan, Denny) (Filed on 9/9/2019) (Entered: 09/09/2019)

Sept. 9, 2019 PACER
51

MOTION to File Amicus Curiae Brief filed by American Academy of Nursing, American Public Health Association, Deans - Ayman El-Mohandes, MBBCh, MD, MPH, Barbara K. Rimer, DrPH, MPH, Boris Lushniak, MD, MPH, G. Thomas Chandler, MS, PhD, Hilary Godwin, PhD, Karen Drenkard, PhD, RN, NEA-BC, FAAN, Laura A. Siminoff, PhD, Linda P. Fried, MD, MPH, Lynn R. Goldman, MD, MPH, MS, Mark A. Schuster, MD, PhD, Michael C. Lu, MD, MS, MPH, Pamela R. Jeffries, PhD, RN, FAAN, ANEF, FSSH, Paula Lantz, PhD, Sandro Galea, MD, DrPH, Sherry Glied, PhD, MA, Sten H. Vermund, MD, PhD, Thomas E. Burroughs, PhD, MS, MA; Chairs - Alan G. Wasserman, MD, MACP, Becky Slifkin, PhD, Claire D. Brindis, DrPH, Jane Thorpe, JD, Karen A. McDonnell, PhD; and Scholars - Alan B. Cohen, Sc.D., Allison K. Hoffman, JD, Amita N. Vyas, PhD, MHS, Andy Schneider, JD, Benjamin D. Sommers, MD, PhD, Colleen M. Grogan, PhD, Daniel Skinner, PhD, David M. Frankford, JD, David Michaels, PhD, MPH, Diana J. Mason, RN, PhD, FAAN, Dora L. Hughes, MD, MPH, Harold Jillian Catalanotti, MD, MPH, FACP, Joan Alker, Jonathan Oberlander, PhD, Julia Zoe Beckerman, JD, MPH, Katherine Horton, RN, MPH, JD, Katherine Swartz, PhD, Krista M. Perreira, PhD, Lynn A. Blewett, PhD, MA, Mark A. Peterson, PhD, Maureen Byrnes, MPA, Melissa M. Goldstein, JD, Michael K. Gusmano, PhD, Naomi Seiler, JD, Neal Halfon, MD, MPH, Nicole Huberfeld, JD, Pam Silberman, JD, DrPH, Rand E. Rosenblatt, JD, Sara Rosenbaum, JD, Sylvia A. Law, JD, Timothy Stoltzfus Jost, JD, Timothy M. Westmoreland, JD, Wendy K. Mariner, JD, LLM, MPH, William B. Borden, MD, FACC, FAHA. Responses due by 9/23/2019. Replies due by 9/30/2019. (Attachments: # 1 Proposed Amici Brief, # 2 Proposed Order)(Waters, Edward) (Filed on 9/9/2019) Modified on 9/26/2019 (kcS, COURT STAFF). (Entered: 09/09/2019)

1 Proposed Amici Brief

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2 Proposed Order

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Sept. 9, 2019 PACER
50

Certificate of Interested Entities by American Academy of Nursing, American Public Health Association, Deans, Chairs, and Scholars (Waters, Edward) (Filed on 9/9/2019) (Entered: 09/09/2019)

Sept. 9, 2019 PACER
49

MOTION for leave to appear in Pro Hac Vice re: Edward T. Waters ( Filing fee $ 310, receipt number 0971-13687118.) filed by American Academy of Nursing, American Public Health Association, Deans, Chairs, and Scholars. (Waters, Edward) (Filed on 9/9/2019) Modified on 9/10/2019 (ajsS, COURT STAFF). (Entered: 09/09/2019)

Sept. 9, 2019 PACER
48

MOTION for leave to appear in Pro Hac Vice re: Phillip A. Escoriaza ( Filing fee $ 310, receipt number 0971-13687099.) filed by American Academy of Nursing, American Public Health Association, Deans, Chairs, and Scholars. (Escoriaza, Phillip) (Filed on 9/9/2019) Modified on 9/10/2019 (ajsS, COURT STAFF). (Entered: 09/09/2019)

Sept. 9, 2019 PACER
47

MOTION for leave to appear in Pro Hac Vice by Owen Masters ( Filing fee $ 310, receipt number 0971-13687072.) 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. (Masters, Owen) (Filed on 9/9/2019) (Entered: 09/09/2019)

Sept. 9, 2019 PACER
46

***DISREGARD, ENTERED IN ERROR. SEE DOCKET 54 FOR CORRECTED ENTRY***MOTION for Leave to Appear by Kathryn E. Doi filed by American Academy of Nursing, American Public Health Association, Deans, Chairs, and Scholars. (Frisina, Christopher) (Filed on 9/9/2019) Modified on 9/10/2019 (kcS, COURT STAFF). (Entered: 09/09/2019)

Sept. 9, 2019 PACER
45

MOTION for leave to appear in Pro Hac Vice re: Christopher J. Frisina ( Filing fee $ 310, receipt number 0971-13687023.) filed by Deans, Chairs, and Scholars, American Public Health Association, American Academy of Nursing. (Frisina, Christopher) (Filed on 9/9/2019) Modified on 9/10/2019 (ajsS, COURT STAFF). (Entered: 09/09/2019)

Sept. 9, 2019 PACER
44

MOTION for leave to appear in Pro Hac Vice of Russell Hirschhorn ( Filing fee $ 310, receipt number 0971-13686925.) 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. (Hirschhorn, Russell) (Filed on 9/9/2019) (Entered: 09/09/2019)

Sept. 9, 2019 PACER
43

NOTICE of Appearance by Christina Maria Assi (Assi, Christina) (Filed on 9/9/2019) (Entered: 09/09/2019)

Sept. 9, 2019 PACER
71

MOTION for Leave to File Brief of Amici Curiae filed by Members of the Congressional Black Caucus - CBC (Rep. Karen Bass, Rep. Yvette D. Clarke, Rep. Emanuel Cleaver, Rep. Bonnie Watson Coleman, Rep. Danny K. Davis, Rep. Val Demings, Rep. Steven Horsford, Rep. Henry C. Hank Johnson, Jr., Rep. Eleanor Holmes Norton, Rep. Lisa Blunt Rochester, Rep. Robert C. Bobby Scott, Rep. Bennie Thompson); Members of the Congressional Hispanic Caucus - CHC (Rep. Nanette Diaz Barragn, Rep. Salud O. Carbajal, Rep. Joaquin Castro, Rep. J. Luis Correa, Rep. Veronica Escobar, Rep. Adriano Espaillat, Rep. Ruben Gallego, Rep. Jess G. Chuy Garca, Rep. Jimmy Gomez, Rep. Sylvia R. Garcia, Rep. Ral M. Grijalva, Rep. Debbie Mucarsel-Powell, Rep. Grace F. Napolitano, Rep. Alexandria Ocasio-Cortez, Rep. Lucille Roybal-Allard, Rep. Gregorio Kilili Camacho Sablan, Rep. Linda T. Snchez, Rep. Jos E. Serrano, Rep. Albio Sires, Rep. Darren Soto, Rep. Norma J. Torres, Rep. Juan Vargas, Rep. Nydia M. Velzquez); Members of the Congressional Asian Pacific American Caucus - CAPAC (Rep. Judy Chu, Rep. Bonnie Watson Coleman, Rep. TJ Cox, Rep. Anna G. Eshoo, Rep. Al Green, Rep. Deb Haaland, Rep. Pramila Jayapal, Rep. Barbara Lee, Rep. Ted W. Lieu, Rep. Grace Meng, Rep. Grace F. Napolitano, Rep. Gregorio Kilili Camacho Sablan, Rep. Mark Takano, Rep. Juan Vargas, Rep. Linda T. Sanchez, Rep. Nydia M. Velzquez). (Attachments: # 1 Proposed Order, # 2 Proposed Amicus Curiae Brief)(Reider, Nicholas) (Filed on 9/10/2019) Modified on 9/26/2019 (kcS, COURT STAFF). (Entered: 09/10/2019)

1 Proposed Order

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2 Proposed Amicus Curiae Brief

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Sept. 10, 2019 PACER
70

Unopposed MOTION for Leave to File Brief of Amici Curiae filed by Asian Americans Advancing Justice | AAJC, Asian American Legal Defense and Education Fund, and National Womens Law Center, and 60 other amici curiae. (Attachments: # 1 Exhibit A - - Memorandum of Law Of Amici Curiae Asian Americans Advancing Justice | AAJC, Asian American Legal Defense and Education Fund, and National Womens Law Center, and 60 other amici curiae, # 2 Proposed Order)(Kuwahara, Emily) (Filed on 9/10/2019) Modified on 9/11/2019 (kcS, COURT STAFF). (Entered: 09/10/2019)

1 Exhibit A - - Memorandum of Law Of Amici Curiae Asian Americans Advancing Justi

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2 Proposed Order

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Sept. 10, 2019 PACER
69

Amicus Curiae APPEARANCE entered by Austin Joan Sutta on behalf of Asian Americans Advancing Justice | AAJC, Asian American Legal Defense and Education Fund, and National Womens Law Center, and 60 other amici curiae. (Sutta, Austin) (Filed on 9/10/2019) (Entered: 09/10/2019)

Sept. 10, 2019 PACER
68

Amicus Curiae APPEARANCE entered by Christopher Cadena on behalf of Asian Americans Advancing Justice | AAJC, Asian American Legal Defense and Education Fund, and National Womens Law Center, and 60 other amici curiae. (Cadena, Christopher) (Filed on 9/10/2019) (Entered: 09/10/2019)

Sept. 10, 2019 PACER
67

Amicus Curiae APPEARANCE entered by Emily Tomoko Kuwahara on behalf of Asian Americans Advancing Justice | AAJC, Asian American Legal Defense and Education Fund, and National Womens Law Center, and 60 other amici curiae. (Kuwahara, Emily) (Filed on 9/10/2019) (Entered: 09/10/2019)

Sept. 10, 2019 PACER
66

NOTICE of Appearance by Robert Dexter Newman, Jr (Newman, Robert) (Filed on 9/10/2019) (Entered: 09/10/2019)

Sept. 10, 2019 PACER
65

ORDER by Judge Phyllis J. Hamilton granting 55 Motion for Pro Hac Vice as to Natalie Kean. (kcS, COURT STAFF) (Filed on 9/10/2019) (Entered: 09/10/2019)

Sept. 10, 2019 PACER
64

ORDER by Judge Phyllis J. Hamilton granting 53 Motion for Pro Hac Vice as to Regan Bailey. (kcS, COURT STAFF) (Filed on 9/10/2019) (Entered: 09/10/2019)

Sept. 10, 2019 PACER
63

ORDER by Judge Phyllis J. Hamilton granting 52 Motion for Pro Hac Vice as to Denny Chan. (kcS, COURT STAFF) (Filed on 9/10/2019) (Entered: 09/10/2019)

Sept. 10, 2019 PACER
62

ORDER by Judge Phyllis J. Hamilton granting 49 Motion for Pro Hac Vice as to Edward T. Waters. (kcS, COURT STAFF) (Filed on 9/10/2019) (Entered: 09/10/2019)

Sept. 10, 2019 PACER
61

ORDER by Judge Phyllis J. Hamilton granting 48 Motion for Pro Hac Vice as to Phillip A. Escoriaza. (kcS, COURT STAFF) (Filed on 9/10/2019) (Entered: 09/10/2019)

Sept. 10, 2019 PACER
60

ORDER by Judge Phyllis J. Hamilton granting 47 Motion for Pro Hac Vice as to Owen T. Masters. (kcS, COURT STAFF) (Filed on 9/10/2019) (Entered: 09/10/2019)

Sept. 10, 2019 PACER
59

ORDER by Judge Phyllis J. Hamilton granting 45 Motion for Pro Hac Vice as to Christopher J. Frisina. (kcS, COURT STAFF) (Filed on 9/10/2019) (Entered: 09/10/2019)

Sept. 10, 2019 PACER
58

ORDER by Judge Phyllis J. Hamilton granting 44 Motion for Pro Hac Vice as to Russell L. Hirschhorn. (kcS, COURT STAFF) (Filed on 9/10/2019) (Entered: 09/10/2019)

Sept. 10, 2019 PACER
57

NOTICE by Deans, Chairs, and Scholars of Additional Amici (Frisina, Christopher) (Filed on 9/10/2019) (Entered: 09/10/2019)

Sept. 10, 2019 PACER
86

MOTION for Leave to File Amicus Brief of Health Law Advocates, Inc. and 23 Other Organizations Interested in Public Health in Support of Plaintiffs' Motion for Preliminary Injunction filed by Arab Community Center for Economic and Social Services, California Immigrant Policy Center, California Pan-Ethnic Health Network, Charlotte Center for Legal Advocacy, Community Catalyst, Community Healthcare Network, Families USA, Florida Health Justice Project, Health Care For All, Health Law Advocates, Inc., Health in Justice Action Lab, Kentucky Equal Justice Center, Korean Community Center of the East Bay, Latino Coalition for a Healthy California, Maine Immigrant Rights Coalition, Massachusetts Law Reform Institute, Michigan Immigrant Rights Center, New York Immigration Coalition, Northeastern University Center for Health Policy and Law, Northwest Health Law Advocates, Public Health Law Watch, Treatment Action Group, UMass Memorial Health Care, Inc., Welcome Project. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Lowe, Justin) (Filed on 9/11/2019) (Entered: 09/11/2019)

1 Exhibit 1

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2 Proposed Order

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Sept. 11, 2019 PACER
85

MOTION for Leave to File Brief of Amicus Curiae filed by Morton Rosenberg. (Attachments: # 1 Exhibit Proposed Brief, # 2 Proposed Order)(Cecere, Joseph) (Filed on 9/11/2019) Modified on 9/12/2019 (kcS, COURT STAFF). (Entered: 09/11/2019)

1 Exhibit Proposed Brief

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2 Proposed Order

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Sept. 11, 2019 PACER
84

MOTION for leave to appear in Pro Hac Vice re: Kristyn DeFilipp ( Filing fee $ 310, receipt number 0971-13696242.) filed by Arab Community Center for Economic and Social Services, California Immigrant Policy Center, California Pan-Ethnic Health Network, Charlotte Center for Legal Advocacy, Community Catalyst, Community Healthcare Network, Families USA, Florida Health Justice Project, Health Care For All, Health Law Advocates, Inc., Health in Justice Action Lab, Kentucky Equal Justice Center, Korean Community Center of the East Bay, Latino Coalition for a Healthy California, Maine Immigrant Rights Coalition, Massachusetts Law Reform Institute, Michigan Immigrant Rights Center, New York Immigration Coalition, Northeastern University Center for Health Policy and Law, Northwest Health Law Advocates, Public Health Law Watch, Treatment Action Group, UMass Memorial Health Care, Inc., Welcome Project. (DeFilipp, Kristyn) (Filed on 9/11/2019) Modified on 9/12/2019 (ajsS, COURT STAFF). (Entered: 09/11/2019)

Sept. 11, 2019 PACER
83

MOTION for leave to appear in Pro Hac Vice re: Christian Springer ( Filing fee $ 310, receipt number 0971-13696194.) filed by Health Law Advocates, Inc.. (Springer, Christian) (Filed on 9/11/2019) Modified on 9/12/2019 (ajsS, COURT STAFF). (Entered: 09/11/2019)

Sept. 11, 2019 PACER
82

NOTICE of Appearance by Michael Temple Risher (Risher, Michael) (Filed on 9/11/2019) (Entered: 09/11/2019)

Sept. 11, 2019 PACER
81

NOTICE of Appearance by Joseph Carl Cecere, Jr (Cecere, Joseph) (Filed on 9/11/2019) (Entered: 09/11/2019)

Sept. 11, 2019 PACER
80

***DISREGARD, INCORRECT ATTACHMENT. CORRECTED MOTION TO BE FILED***MOTION for leave to appear in Pro Hac Vice Re: J. Carl Cecere ( Filing fee $ 310, receipt number 0971-13695959.) filed by Morton Rosenberg. (Attachments: # 1 Certificate/Proof of Service Certificate of Good Standing)(Cecere, Joseph) (Filed on 9/11/2019) Modified on 9/12/2019 (ajsS, COURT STAFF). Modified on 9/13/2019 (kcS, COURT STAFF). (Entered: 09/11/2019)

1 Certificate/Proof of Service Certificate of Good Standing

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Sept. 11, 2019 PACER
79

MOTION for leave to appear in Pro Hac Vice of Andrew Cohen ( Filing fee $ 310, receipt number 26K4N402.) Filing fee previously paid on 9/11/2019 filed by Arab Community Center for Economic and Social Services, California Immigrant Policy Center, California Pan-Ethnic Health Network, Charlotte Center for Legal Advocacy, Community Catalyst, Community Healthcare Network, Families USA, Florida Health Justice Project, Health Care For All, Health Law Advocates, Inc., Health in Justice Action Lab, Kentucky Equal Justice Center, Korean Community Center of the East Bay, Latino Coalition for a Healthy California, Maine Immigrant Rights Coalition, Massachusetts Law Reform Institute, Michigan Immigrant Rights Center, New York Immigration Coalition, Northeastern University Center for Health Policy and Law, Northwest Health Law Advocates, Public Health Law Watch, Treatment Action Group, UMass Memorial Health Care, Inc., Welcome Project. (Lowe, Justin) (Filed on 9/11/2019) (Entered: 09/11/2019)

Sept. 11, 2019 PACER
78

MOTION for leave to appear in Pro Hac Vice of Wendy Parmet ( Filing fee $ 310, receipt number 0971-13695187.) filed by Arab Community Center for Economic and Social Services, California Immigrant Policy Center, California Pan-Ethnic Health Network, Charlotte Center for Legal Advocacy, Community Catalyst, Community Healthcare Network, Families USA, Florida Health Justice Project, Health Care For All, Health Law Advocates, Inc., Health in Justice Action Lab, Kentucky Equal Justice Center, Korean Community Center of the East Bay, Latino Coalition for a Healthy California, Maine Immigrant Rights Coalition, Massachusetts Law Reform Institute, Michigan Immigrant Rights Center, New York Immigration Coalition, Northeastern University Center for Health Policy and Law, Northwest Health Law Advocates, Public Health Law Watch, Treatment Action Group, UMass Memorial Health Care, Inc., Welcome Project. (Lowe, Justin) (Filed on 9/11/2019) (Entered: 09/11/2019)

Sept. 11, 2019 PACER
77

MOTION for leave to appear in Pro Hac Vice re: Sean Marotta ( Filing fee $ 310, receipt number 0971-13695062.) filed by America's Essential Hospitals, American Hospital Association, Association of American Medical Colleges, Catholic Health Association of the United States, The Children's Hospital Association, The Federation of American Hospitals. (Marotta, Sean) (Filed on 9/11/2019) Modified on 9/12/2019 (ajsS, COURT STAFF). (Entered: 09/11/2019)

Sept. 11, 2019 PACER
76

MOTION to File Amicus Curiae Brief filed by American Hospital Association, America's Essential Hospitals, Association of American Medical Colleges, Catholic Health Association of the United States, The Children's Hospital Association, The Federation of American Hospitals. Responses due by 9/25/2019. Replies due by 10/2/2019. (Attachments: # 1 [Proposed] Amici Curiae Brief, # 2 [Proposed] Order)(Gonzales, Michelle) (Filed on 9/11/2019) (Entered: 09/11/2019)

1 [Proposed] Amici Curiae Brief

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2 [Proposed] Order

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Sept. 11, 2019 PACER
75

NOTICE of Appearance by Justin Jonathan Lowe (Lowe, Justin) (Filed on 9/11/2019) (Entered: 09/11/2019)

Sept. 11, 2019 PACER
74

NOTICE of Appearance by Michael Ian Levin-Gesundheit (Levin-Gesundheit, Michael) (Filed on 9/11/2019) (Entered: 09/11/2019)

Sept. 11, 2019 PACER
73

NOTICE of Appearance by Kelly M. Dermody (Dermody, Kelly) (Filed on 9/11/2019) (Entered: 09/11/2019)

Sept. 11, 2019 PACER
72

ORDER GRANTING MOTIONS FOR LEAVE TO FILE AMICI BRIEFS. (pjhlc1S, COURT STAFF) (Filed on 9/11/2019) (Entered: 09/11/2019)

Sept. 11, 2019 PACER
96

MOTION to File Amicus Curiae Brief filed by NHLP; FRAC; CLASP, California Food Policy Advocates, California League of United Latin American Citizens, Center for the Study of Social Policy, Childrens Defense Fund-New York, Childrens HealthWatch, The Childrens Partnership, Citizens Committee for Children of New York, Comunidades Unidas, First Focus on Children, Kansas Appleseed Center for Law and Justice, Inc., Los Angeles Regional Food Bank, Michigan Immigrant Rights Center, Mississippi Center for Justice National Law Center on Homelessness & Poverty, National Low Income Housing Coalition, National WIC Association, Oregon Food Bank, Prevention Institute, Sant La, Haitian Neighborhood Center, Inc., South Carolina Appleseed Legal Justice Center, Utahns Against Hunger, Virginia Poverty Law Center. Responses due by 9/26/2019. Replies due by 10/3/2019. (Attachments: # 1 Amicus Brief, # 2 Proposed Order)(Thacher, Frances Cheston) (Filed on 9/12/2019) Modified on 9/26/2019 (kcS, COURT STAFF). Modified on 9/26/2019 (kcS, COURT STAFF). (Entered: 09/12/2019)

1 Amicus Brief

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2 Proposed Order

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Sept. 12, 2019 PACER

Electronic Filing Error

Sept. 12, 2019 PACER

Notice of Additional Parties

Sept. 12, 2019 PACER
95

Notice of Additional Parties: the following parties are listed on 70 Unopposed MOTION for Leave to File Brief of Amici Curiae and have been added to this case: National Immigrant Women's Advocacy Project and Center on Reproductive Rights and Justice at Berkeley School of Law. (This is a text-only entry.) (Kuwahara, Emily) (Filed on 9/12/2019) Modified on 9/13/2019 (kcS, COURT STAFF). (Entered: 09/12/2019)

Sept. 12, 2019 PACER
94

Notice of Additional Parties: the following parties are listed on 70 Unopposed MOTION for Leave to File Brief of Amici Curiae and have been added to this case: OneAmerica, Planned Parenthood Federation of America, Population Connection, Reproductive Health Access Project, Services, Immigrant Rights & Education Network (SIREN), Sexuality Information and Education Council of the United States (SIECUS), Sikh American Legal Defense and Education Fund (SALDEF, South Asian Americans Leading Together (SAALT), Southeast Asia Resource Action Center (SEARAC) and Transgender Law Center, Reproductive Health Access Project, Southeast Asia Resource Action Center (SEARAC), Services, Immigrant Rights & Education Network (SIREN), OneAmerica, Planned Parenthood Federation of America, Transgender Law Center, Sikh American Legal Defense and Education Fund (SALDEF, Population Connection, Sexuality Information and Education Council of the United States (SIECUS), South Asian Americans Leading Together (SAALT), Union for Reform Judaism, Central Conference of American Rabbis, Women of Reform Judaism, and Men of Reform Judaism, Washington Lawyers' Committee for Civil Rights and Urban Affairs, Women's Bar Association of the District of Columbia, Women's Bar Association of the State of New York, The Women's Law Center of Maryland, Women Lawyers on Guard Inc. and Women's Law Project. (This is a text-only entry.) (Kuwahara, Emily) (Filed on 9/12/2019) Modified on 9/13/2019 (kcS, COURT STAFF). (Entered: 09/12/2019)

Sept. 12, 2019 PACER
93

Notice of Additional Parties: the following parties are listed on 70 Unopposed MOTION for Leave to File Brief of Amici Curiae and have been added to this case: National Asian Pacific American Women's Forum (NAPAWF), National Coalition for Asian Pacific American Community Development (National CAPACD), National Crittenton, National Immigration Justice Center, National Korean American Service & Education Consortium (NAKASEC), National Partnership for Women & Families, Oasis Legal Services, OCA - Asian Pacific American Advocates and Oklahoma Call for Reproductive Justice, National Immigration Justice Center, Oklahoma Call for Reproductive Justice, National Korean American Service & Education Consortium (NAKASEC), National Asian Pacific American Women's Forum (NAPAWF), National Coalition for Asian Pacific American Community Development (National CAPACD), Oasis Legal Services, National Crittenton, National Partnership for Women & Families and OCA - Asian Pacific American Advocates. (This is a text-only entry.) (Kuwahara, Emily) (Filed on 9/12/2019) Modified on 9/13/2019 (kcS, COURT STAFF). (Entered: 09/12/2019)

Sept. 12, 2019 PACER
92

Notice of Additional Parties: the following parties are listed on 70 Unopposed MOTION for Leave to File Brief of Amici Curiae and have been added to this case: Equal Rights Advocates, Fred T. Korematsu Center for Law and Equality, Girls Inc., GLBTQ Legal Advocates & Defenders (GLAD), If When How: Lawyering for Reproductive Justice, In Our Own Voice: National Black Women's Reproductive Justice Agenda, In the Public Interest, Japanese American Citizens League (JACL), KWH Law Center for Social Justice and Change, LatinoJustice PRLDEF and MinKwon Center for Community Action, GLBTQ Legal Advocates & Defenders (GLAD), KWH Law Center for Social Justice and Change, If When How: Lawyering for Reproductive Justice, Equal Rights Advocates, Fred T. Korematsu Center for Law and Equality, MinKwon Center for Community Action, LatinoJustice PRLDEF, In the Public Interest, Girls Inc., In Our Own Voice: National Black Women's Reproductive Justice Agenda, Japanese American Citizens League (JACL) and National Advocates for Pregnant Women. (This is a text-only entry.) (Kuwahara, Emily) (Filed on 9/12/2019) Modified on 9/13/2019 (kcS, COURT STAFF). (Entered: 09/12/2019)

Sept. 12, 2019 PACER

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Key Dates

Filing Date: Aug. 16, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Lead plaintiff, La Clinica de La Raza, is a Federally Qualified Health Center which provides health care to more than 86,000 patients annually, many of whom are immigrants and/or public benefit recipients. California Primary Care Association Asian Health Services Maternal and Child Health Access Farmworker Justice Council on American-Islamic Relations - California African Communities Together Legal Aid Society of San Mateo County Central American Resource Center Korean Resource Center

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

National Immigration Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Homeland Security (Washington, DC), Federal

United States Citizenship and Immigration Services (Washington, DC), Federal

Acting Director (Washington, DC), Federal

Acting Secretary (Washington, DC), Federal

Donald J. Trump (Washington, DC), Federal

Case Details

Causes of Action:

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

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published 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 denied

Preliminary relief granted

Issues

General:

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

Benefit Source:

Food stamps

Medicaid

Immigration/Border:

Visas - criteria

Visas - procedures