Case: HIAS, Inc. v. Trump

8:19-cv-03346 | U.S. District Court for the District of Maryland

Filed Date: Nov. 21, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On November 21, 2019, three refugee resettlement agencies filed this lawsuit in the U.S. District Court for the District of Maryland, challenging the Trump Administration's recent Executive Order, "Enhancing State and Local Involvement in Refugee Resettlement." The agencies (HIAS, Inc., Church World Service, Inc., and Lutheran Immigration & Refugee Service, Inc.), represented by the International Refugee Assistance Project (IRAP), sued President Trump, the Department of State, the Department of…

On November 21, 2019, three refugee resettlement agencies filed this lawsuit in the U.S. District Court for the District of Maryland, challenging the Trump Administration's recent Executive Order, "Enhancing State and Local Involvement in Refugee Resettlement." The agencies (HIAS, Inc., Church World Service, Inc., and Lutheran Immigration & Refugee Service, Inc.), represented by the International Refugee Assistance Project (IRAP), sued President Trump, the Department of State, the Department of Homeland Security, and the Department of Health and Human Services. The plaintiffs alleged that the President’s September 26, 2019, Executive Order violated the Refugee Act of 1980, the Administrative Procedure Act (APA) (5 U.S.C. §§ 551 et seq.), and principles of federalism. The plaintiffs sought declaratory relief, as well as a preliminary and permanent injunction to enjoin enforcement of the Order. The case was assigned to Judge Peter J. Messitte.

The plaintiffs alleged that Executive Order 13888 made an unprecedented change to the refugee resettlement process by mandating that refugees not be resettled in the United States unless the state and locality where they are to be resettled take the affirmative step of providing written consent. As national refugee resettlement agencies, the plaintiffs were then charged by the federal government with the responsibility of soliciting and obtaining written consent from all states and localities where refugees they assist could be resettled. The plaintiffs claimed that such a change would provide individual states and local governments with effective veto power over refugee resettlement.

The plaintiffs filed their motion for a preliminary injunction on November 22, 2019. Judge Messitte granted the plaintiffs’ motion on January 15. 2020 WL 218646. Judge Messitte concluded that the plaintiffs were likely to succeed on the merits of their claims, that they faced irreparable harm, and that the Executive Order was not in the public interest. Consequently, he issued a nationwide injunction enjoining the Executive Order.

The government appealed the injunction to the Fourth Circuit Court of Appeals on February 12, 2020 (Do. 20-1160), and Judge Messitte stayed the proceedings in the district court pending resolution of that appeal on February 14, 2020.

On January 8, 2021, Circuit Judge Barbara Milano Keenan upheld the preliminary injunction. 985 F.3d 309. The court held that the plaintiffs demonstrated that they were likely to succeed on their claim that the order and notice violated the Refugee Act. The court also determined that the district court did not abuse its discretion in issuing a nationwide injunction because the refugee resettlement programs were, by their nature. located throughout the country.

The case is ongoing.

Summary Authors

Sam Kulhanek (3/27/2020)

Gabrielle Simeck (4/11/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16496162/parties/hias-inc-v-trump/


Judge(s)

Harris, Pamela Ann (Maryland)

Keenan, Barbara Milano (Virginia)

King, Robert Bruce (South Carolina)

Messitte, Peter Jo (Maryland)

Attorneys(s) for Plaintiff

Austin, Kathryn (New York)

Cox, Justin Bryan (Georgia)

Evarts, Linda (New York)

Hirose, Mariko (New York)

Keaney, Melissa S. (California)

Keaney [inactive], Melissa S (California)

Judge(s)

Harris, Pamela Ann (Maryland)

Keenan, Barbara Milano (Virginia)

King, Robert Bruce (South Carolina)

Messitte, Peter Jo (Maryland)

Attorneys(s) for Plaintiff

Austin, Kathryn (New York)

Cox, Justin Bryan (Georgia)

Evarts, Linda (New York)

Hirose, Mariko (New York)

Keaney, Melissa S. (California)

Keaney [inactive], Melissa S (California)

Attorneys(s) for Defendant

Humphreys, Bradley Philip (District of Columbia)

Other Attorney(s)

Dunlap, Jeffery Paul (Maryland)

Goldstein, Dax Luce (California)

Goldstein [inactive], Danielle L (California)

Palma-Solana, Vilma R (California)

Sangree, Suzanne (Maryland)

Schulman, Steven H. (District of Columbia)

Singh, Jasleen K (California)

Tucci, Michael Edward (District of Columbia)

VanDam, Jeff (Illinois)

Weisel, Jessica M. (California)

Documents in the Clearinghouse

Document

Docket [PACER]

HIAS v. Trump

March 2, 2021 Docket
1

Complaint for Declaratory and Injunctive Relief

HIAS v. Trump

Nov. 21, 2019 Complaint
69

Order

HIAS v. Trump

415 F.Supp.3d 669

Jan. 15, 2020 Order/Opinion
68

Memorandum Opinion

HIAS v. Trump

415 F.Supp.3d 669, 2020 WL 218646

Jan. 15, 2020 Order/Opinion
58

Opinion

Hias v. Trump

U. S. Court of Appeals for the Fourth Circuit

985 F.3d 309

Jan. 8, 2021 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16496162/hias-inc-v-trump/

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

ECF Number Description Date Link
12

NOTICE by Church World Service, Inc., HIAS, Inc., Lutheran Immigration & Refugee Service, Inc. re 10 Order (Cox, Justin) (Entered: 11/21/2019)

Nov. 21, 2019 PACER
11

Summons Issued 60 days as to Alex M. Azar, II, Michael R. Pompeo, Donald J. Trump, Chad Wolf, U.S. Attorney and U.S. Attorney General(heps, Deputy Clerk) (Entered: 11/21/2019)

Nov. 21, 2019 PACER
10

MEMORANDUM ORDER to Counsel of Record. Signed by Judge Peter J. Messitte on 11/21/2019. (heps, Deputy Clerk) (Entered: 11/21/2019)

Nov. 21, 2019 PACER
9

Supplemental to 1 Complaint, filed by Church World Service, Inc., HIAS, Inc., Lutheran Immigration & Refugee Service, Inc. Proposed Summonses (Cox, Justin) (Entered: 11/21/2019)

Nov. 21, 2019 PACER
8

QC NOTICE: 1 Complaint, filed by HIAS, Inc., Church World Service, Inc., Lutheran Immigration & Refugee Service, Inc. was filed incorrectly. **The following attachments or exhibits are missing - Summons were provided for only the named Defendant. If the defendant is either an agency of the United States or an officer or employee of the United States, you must serve both the U.S. Attorney General and the U.S. Attorney for the District of Maryland, as well as each defendant. Please electronically submit a summons for each required party, using the Civil event "Supplemental" located under "Other Filings", and then "Other Documents", and nd link Proposed summons to 1 Complaint. (heps, Deputy Clerk) (Entered: 11/21/2019)

Nov. 21, 2019 PACER
7

MOTION to Appear Pro Hac Vice for Kathryn S. Austin (Filing fee $100, receipt number 0416-8362219.) by CHURCH WORLD SERVICE, Inc., HIAS, Inc., Lutheran Immigration & Refugee Service, Inc.(Cox, Justin) (Entered: 11/21/2019)

Nov. 21, 2019 PACER
6

MOTION to Appear Pro Hac Vice for Mariko Hirose (Filing fee $100, receipt number 0416-8362202.) by CHURCH WORLD SERVICE, Inc., HIAS, Inc., Lutheran Immigration & Refugee Service, Inc.(Cox, Justin) (Entered: 11/21/2019)

Nov. 21, 2019 PACER
5

MOTION to Appear Pro Hac Vice for Melissa S. Keaney (Filing fee $100, receipt number 0416-8362183.) by CHURCH WORLD SERVICE, Inc., HIAS, Inc., Lutheran Immigration & Refugee Service, Inc.(Cox, Justin) (Entered: 11/21/2019)

Nov. 21, 2019 PACER
4

Local Rule 103.3 Disclosure Statement by Lutheran Immigration & Refugee Service, Inc. identifying Other Affiliate Lutheran Family Services of Nebraska, Other Affiliate Refugee Services of Texas, Inc., Other Affiliate Ascentria Community Services, Inc., Other Affiliate Bethany Christian Services of Michigan, Other Affiliate Bethany Christian Services of Central Pennsylvania, Other Affiliate Canopy of Northwest Arkansas, Other Affiliate Crittenton Services for Children and Families, Other Affiliate Inspiritus, Other Affiliate International Christian Adoption, Other Affiliate Lutheran Community Services Northwest, Other Affiliate Lutheran Family Services of the Rocky Mountains, Other Affiliate Lutheran Services Carolinas, Other Affiliate Lutheran Services Florida, Other Affiliate Lutheran Social Service of Minnesota, Other Affiliate Lutheran Social Services of NE Florida, Other Affiliate Lutheran Social Services of North Dakota, Other Affiliate Lutheran Social Services of South Dakota, Other Affiliate Lutheran Social Services of the National Capital Area, Other Affiliate Lutheran Social Services of the Southwest, Other Affiliate Lutheran Social Services of Wisconsin and Upper Michigan, Other Affiliate Samaritas, Other Affiliate Mohawk Valley Resource Center for Refugees for Lutheran Immigration & Refugee Service, Inc..(Cox, Justin) (Entered: 11/21/2019)

Nov. 21, 2019 PACER
3

Local Rule 103.3 Disclosure Statement by CHURCH WORLD SERVICE, Inc. identifying Other Affiliate Opening Doors, Inc., Other Affiliate New American Pathways, Other Affiliate RefugeeOne, Other Affiliate Exodus Refugee/Immigration, Inc., Other Affiliate Kentucky Refugee Ministries, Inc., Other Affiliate Bethany Refugee Services, Other Affiliate Lutheran Family Services of Nebraska, Other Affiliate Ascentria Care Alliance, Other Affiliate Journeys End Refugee Services, Inc., Other Affiliate Community Refugee and Immigration Services, Other Affiliate Sponsors Organized to Assist Refugees, Other Affiliate Refugee Services of Texas, Inc. for CHURCH WORLD SERVICE, Inc..(Cox, Justin) (Entered: 11/21/2019)

Nov. 21, 2019 PACER
2

Local Rule 103.3 Disclosure Statement by HIAS, Inc. (Cox, Justin) (Entered: 11/21/2019)

Nov. 21, 2019 PACER
1

COMPLAINT for Declaratory & Injunctive Relief against All Defendants ( Filing fee $ 400 receipt number 0416-8362113.), filed by HIAS, Inc., CHURCH WORLD SERVICE, Inc., Lutheran Immigration & Refugee Service, Inc.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Cox, Justin) (Entered: 11/21/2019)

1 Civil Cover Sheet

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2 Summons

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Nov. 21, 2019 RECAP
19

AFFIDAVIT of Service for Process & ECF No. 10 served on U.S. Attorney on 11/22/19, filed by Church World Service, Inc., HIAS, Inc., Lutheran Immigration & Refugee Service, Inc..(Cox, Justin) (Entered: 11/22/2019)

Nov. 22, 2019 PACER
18

MOTION for Preliminary Injunction of Executive Order 13888 by Church World Service, Inc., HIAS, Inc., Lutheran Immigration & Refugee Service, Inc. (Attachments: # 1 Exhibit Index, # 2 Exhibit A (Exec. Order), # 3 Exhibit B (Funding Notice), # 4 Exhibit C (Hetfield Decl.), # 5 Exhibit D (McCullough Decl.), # 6 Exhibit E (Vignarajah Decl.), # 7 Exhibit F (Schwartz Decl.), # 8 Exhibit G (Carey Decl.), # 9 Exhibit H (Tr. of WH Press Call on Refugee Policy), # 10 Exhibit I (Revision History of 8 U.S.C. ยง 1522(a)), # 11 Exhibit J (DOS Allocations Handbook), # 12 Exhibit K (SCORR Letter to PRM & ORR), # 13 Exhibit L (WH Fact Sheet on Refugee Policy))(Cox, Justin) (Entered: 11/22/2019)

1 Exhibit Index

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2 Exhibit A (Exec. Order)

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3 Exhibit B (Funding Notice)

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4 Exhibit C (Hetfield Decl.)

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5 Exhibit D (McCullough Decl.)

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6 Exhibit E (Vignarajah Decl.)

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7 Exhibit F (Schwartz Decl.)

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8 Exhibit G (Carey Decl.)

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9 Exhibit H (Tr. of WH Press Call on Refugee Policy)

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10 Exhibit I (Revision History of 8 U.S.C. § 1522(a))

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11 Exhibit J (DOS Allocations Handbook)

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12 Exhibit K (SCORR Letter to PRM & ORR)

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13 Exhibit L (WH Fact Sheet on Refugee Policy)

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Nov. 22, 2019 RECAP
17

MOTION to Appear Pro Hac Vice for Linda Evarts (Filing fee $100, receipt number 0416-8366768.) by Church World Service, Inc., HIAS, Inc., Lutheran Immigration & Refugee Service, Inc.(Cox, Justin) (Entered: 11/22/2019)

Nov. 22, 2019 PACER
16

CORRECTED MOTION to Appear Pro Hac Vice for Mariko Hirose by Church World Service, Inc., HIAS, Inc., Lutheran Immigration & Refugee Service, Inc.. The fee has already been paid.(Cox, Justin) (Entered: 11/22/2019)

Nov. 22, 2019 PACER
15

PAPERLESS ORDER granting 7 Motion to Appear Pro Hac Vice on behalf of Kathryn Austin. Directing attorney Kathryn Austin to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 11/22/2019. (srd, Deputy Clerk) (Entered: 11/22/2019)

Nov. 22, 2019 PACER
14

QC NOTICE: 6 Motion to Appear Pro Hac Vice filed by HIAS, Inc., Church World Service, Inc., Lutheran Immigration & Refugee Service, Inc. needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (srd, Deputy Clerk) (Entered: 11/22/2019)

Nov. 22, 2019 PACER
13

PAPERLESS ORDER granting 5 Motion to Appear Pro Hac Vice on behalf of Melissa S Keaney. Directing attorney Melissa S Keaney to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 11/22/2019. (srd, Deputy Clerk) (Entered: 11/22/2019)

Nov. 22, 2019 PACER
22

NOTICE of Appearance by Bradley Philip Humphreys on behalf of Alex M. Azar, II, Michael R. Pompeo, Donald J. Trump, Chad Wolf (Humphreys, Bradley) (Entered: 11/25/2019)

Nov. 25, 2019 PACER
21

PAPERLESS ORDER granting 17 Motion to Appear Pro Hac Vice on behalf of Linda B Evarts. Directing attorney Linda B Evarts to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 11/25/2019. (srd, Deputy Clerk) (Entered: 11/25/2019)

Nov. 25, 2019 PACER
20

PAPERLESS ORDER granting 16 Corrected Motion to Appear Pro Hac Vice on behalf of Mariko Hirose. Directing attorney Mariko Hirose to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 11/25/2019. (srd, Deputy Clerk) (Entered: 11/25/2019)

Nov. 25, 2019 PACER
29

MEMORANDUM ORDER to Counsel of Record regarding briefing schedule. Signed by Judge Peter J. Messitte on 11/26/2019. (heps, Deputy Clerk) (Entered: 11/27/2019)

Nov. 26, 2019 RECAP
28

Telephone Conference (re status of case) held on 11/26/2019 for 30 minutes before Judge Peter J. Messitte. (jmhs, Chambers) (Entered: 11/26/2019)

Nov. 26, 2019 PACER
27

NOTICE of Appearance by Kathryn Shu-yeng Austin on behalf of All Plaintiffs (Austin, Kathryn) (Entered: 11/26/2019)

Nov. 26, 2019 PACER
26

CERTIFICATE OF SERVICE by Church World Service, Inc., HIAS, Inc., Lutheran Immigration & Refugee Service, Inc. (Cox, Justin) (Entered: 11/26/2019)

Nov. 26, 2019 PACER
25

NOTICE of Appearance by Melissa S Keaney on behalf of All Plaintiffs (Keaney, Melissa) (Entered: 11/26/2019)

Nov. 26, 2019 PACER
24

AFFIDAVIT of Service for Summons, Complaint, Civil Cover Sheet, Corporate Disclosure Statements, Motions for Admission Pro Hac Vice, Court Order served on President Donald Trump, Secretary of State Michael Pompeo, Secretary of Health and Human Services Alex Azar, Acting Secretary of Homeland Security Chad Wolf, William P. Barr on November 21, 2019, filed by Church World Service, Inc., HIAS, Inc., Lutheran Immigration & Refugee Service, Inc..(Cox, Justin) (Entered: 11/26/2019)

Nov. 26, 2019 PACER
23

NOTICE by Church World Service, Inc., HIAS, Inc., Lutheran Immigration & Refugee Service, Inc. re 10 Order & the Parties' Availability for a Telephonic Scheduling Conference (Cox, Justin) (Entered: 11/26/2019)

Nov. 26, 2019 PACER
30

NOTICE of Appearance by Mariko Hirose on behalf of Church World Service, Inc., HIAS, Inc., Lutheran Immigration & Refugee Service, Inc. (Hirose, Mariko) (Entered: 11/27/2019)

Nov. 27, 2019 RECAP
31

NOTICE by Church World Service, Inc., HIAS, Inc., Lutheran Immigration & Refugee Service, Inc. RE Amici Curiae (Keaney, Melissa) (Entered: 12/06/2019)

Dec. 6, 2019 PACER
32

MEMORANDUM ORDER to Counsel of Record. Signed by Judge Peter J. Messitte on 12/9/2019. (heps, Deputy Clerk) (Entered: 12/09/2019)

Dec. 9, 2019 PACER
45

MOTION for Leave to File Motion of Amici Jewish Council for Public Affairs, Catholic Charities USA, The Greater Milwaukee Synod of the Evangelical Lutheran Church In America, The St. Louis Jewish Community Relations Council, and Other Faith-Based Organizations for Leave to File Amicus Brief in Support of Plaintiffs' Motion for Preliminary Injunction by Jewish Council For Public Affairs (Attachments: # 1 Amicus Brief, # 2 Text of Proposed Order)(Tucci, Michael) (Entered: 12/13/2019)

1 Amicus Brief

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2 Text of Proposed Order

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Dec. 13, 2019 PACER
44

MOTION to Appear Pro Hac Vice for Danielle L. Goldstein (Filing fee $100, receipt number 0416-8405198.) by Cities, Mayors, and the United States Conference of Mayors(Sangree, Suzanne) (Entered: 12/13/2019)

Dec. 13, 2019 PACER
43

MOTION for Leave to File Brief of Amici Curiae Cities, Mayors, and the United States Conference of Mayors by Cities, Mayors, and the United States Conference of Mayors (Attachments: # 1 Attachment Proposed Brief of Amici Curiae Cities, Mayors, and the United States Conference of Mayors in Support of Plaintiffs' Motion for Preliminary Injunction)(Sangree, Suzanne) (Entered: 12/13/2019)

1 Attachment Proposed Brief of Amici Curiae Cities, Mayors, and the United States

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Dec. 13, 2019 PACER
42

NOTICE of Appearance by Suzanne Sangree on behalf of Cities, Mayors, and the United States Conference of Mayors (Sangree, Suzanne) (Entered: 12/13/2019)

Dec. 13, 2019 PACER
41

MOTION to Appear Pro Hac Vice for Jeff VanDam (Filing fee $100, receipt number 0416-8405103.) by State of Maryland, et al.(Dunlap, Jeffrey) (Entered: 12/13/2019)

Dec. 13, 2019 PACER
40

MOTION to Appear Pro Hac Vice for Jasleen K. Singh (Filing fee $100, receipt number 0416-8405089.) by State of Maryland, et al.(Dunlap, Jeffrey) (Entered: 12/13/2019)

Dec. 13, 2019 PACER
39

MOTION to Appear Pro Hac Vice for Vilma Palma-Solana (Filing fee $100, receipt number 0416-8405053.) by State of Maryland, et al.(Dunlap, Jeffrey) (Entered: 12/13/2019)

Dec. 13, 2019 PACER
38

Amicus Curiae APPEARANCE entered by Jeffrey Paul Dunlap on behalf of State of Maryland, et al.(Dunlap, Jeffrey) (Entered: 12/13/2019)

Dec. 13, 2019 PACER
37

(FILED IN ERROR BY COUNSEL) Amicus Curiae APPEARANCE entered by Jeffrey Paul Dunlap on behalf of State of Maryland, et al.(Dunlap, Jeffrey) Modified on 12/13/2019 (heps, Deputy Clerk). (Entered: 12/13/2019)

Dec. 13, 2019 PACER
36

NOTICE by State of Maryland, et al. re 18 MOTION for Preliminary Injunction of Executive Order 13888 Brief of Amici States (Dunlap, Jeffrey) (Entered: 12/13/2019)

Dec. 13, 2019 PACER
35

MOTION for Leave to File Brief of Amici Curiae Former State Department Officials by Arthur E. Dewey, James Nelson Purcell, Jr, Anne Claire Richard (Attachments: # 1 Amicus Brief of Former State Department Officials)(Schulman, Steven) (Entered: 12/13/2019)

1 Amicus Brief of Former State Department Officials

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Dec. 13, 2019 PACER
34

MOTION to Appear Pro Hac Vice for Jessica M. Weisel (Filing fee $100, receipt number 0416-8404523.) by Arthur E. Dewey, James Nelson Purcell, Jr, Anne Claire Richard(Schulman, Steven) (Entered: 12/13/2019)

Dec. 13, 2019 PACER
33

Amicus Curiae APPEARANCE entered by Steven H Schulman on behalf of Arthur E. Dewey, James Nelson Purcell, Jr, Anne Claire Richard(Schulman, Steven) (Entered: 12/13/2019)

Dec. 13, 2019 PACER
51

CORRECTED MOTION to Appear Pro Hac Vice for Danielle L. Goldstein by Cities, Mayors, and the United States Conference of Mayors. The fee has already been paid.(Sangree, Suzanne) (Entered: 12/16/2019)

Dec. 16, 2019 PACER
50

QC NOTICE: 44 Motion to Appear Pro Hac Vice filed by Cities, Mayors, and the United States Conference of Mayors needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (srd, Deputy Clerk) (Entered: 12/16/2019)

Dec. 16, 2019 PACER
49

PAPERLESS ORDER granting 41 Motion to Appear Pro Hac Vice on behalf of Jeff VanDam. Directing attorney Jeff VanDam to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 12/16/2019. (srd, Deputy Clerk) (Entered: 12/16/2019)

Dec. 16, 2019 PACER
48

PAPERLESS ORDER granting 40 Motion to Appear Pro Hac Vice on behalf of Jasleen Singh. Directing attorney Jasleen Singh to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 12/16/2019. (srd, Deputy Clerk) (Entered: 12/16/2019)

Dec. 16, 2019 PACER
47

PAPERLESS ORDER granting 39 Motion to Appear Pro Hac Vice on behalf of Vilma Palma-Solana. Directing attorney Vilma Palma-Solana to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 12/16/2019. (srd, Deputy Clerk) (Entered: 12/16/2019)

Dec. 16, 2019 PACER
46

PAPERLESS ORDER granting 34 Motion to Appear Pro Hac Vice on behalf of Jessica M Weisel. Directing attorney Jessica M Weisel to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 12/16/2019. (srd, Deputy Clerk) (Entered: 12/16/2019)

Dec. 16, 2019 PACER
53

MEMORANDUM ORDER Granting 35, 43, and 45 Motion for Leave to File Amici curiae briefs.. Signed by Judge Peter J. Messitte on 12/16/2019. (heps, Deputy Clerk) (Entered: 12/18/2019)

Dec. 17, 2019 PACER
52

PAPERLESS ORDER granting 51 Corrected Motion to Appear Pro Hac Vice on behalf of Danielle L Goldstein. Directing attorney Danielle L Goldstein to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 12/18/2019. (srd, Deputy Clerk) (Entered: 12/18/2019)

Dec. 18, 2019 PACER
54

RESPONSE in Opposition re 18 MOTION for Preliminary Injunction of Executive Order 13888 filed by Alex M. Azar, II, Michael R. Pompeo, Donald J. Trump, Chad Wolf. (Attachments: # 1 Exhibit)(Humphreys, Bradley) (Entered: 12/20/2019)

1 Exhibit

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Dec. 20, 2019 RECAP
55

NOTICE of Appearance by Linda B Evarts on behalf of Church World Service, Inc., HIAS, Inc., Lutheran Immigration & Refugee Service, Inc. (Evarts, Linda) (Entered: 12/23/2019)

Dec. 23, 2019 PACER
57

MOTION to Expedite Briefing on Plaintiffs' Motion to Strike by Church World Service, Inc., HIAS, Inc., Lutheran Immigration & Refugee Service, Inc. (Attachments: # 1 Text of Proposed Order)(Cox, Justin) (Entered: 12/24/2019)

1 Text of Proposed Order

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Dec. 24, 2019 PACER
56

MOTION to Strike the Veprek Declaration (ECF No. 54-1) by Church World Service, Inc., HIAS, Inc., Lutheran Immigration & Refugee Service, Inc.(Cox, Justin) (Entered: 12/24/2019)

Dec. 24, 2019 RECAP
58

ORDER granting 57 Motion to Expedite. Signed by Judge Peter J. Messitte on 12/26/2019. (kns, Deputy Clerk) (Entered: 12/26/2019)

Dec. 26, 2019 PACER
59

MEMORANDUM ORDER to Counsel of Record regarding Hearing on Motion for Preliminary Injunction. Signed by Judge Peter J. Messitte on 12/30/2019. (heps, Deputy Clerk) (Entered: 12/30/2019)

Dec. 30, 2019 RECAP
61

RESPONSE to Motion re 56 MOTION to Strike the Veprek Declaration (ECF No. 54-1) filed by Alex M. Azar, II, Michael R. Pompeo, Donald J. Trump, Chad Wolf.(Humphreys, Bradley) (Entered: 01/03/2020)

Jan. 3, 2020 PACER
60

REPLY to Response to Motion re 18 MOTION for Preliminary Injunction of Executive Order 13888 & the Funding Notice filed by Church World Service, Inc., HIAS, Inc., Lutheran Immigration & Refugee Service, Inc..(Cox, Justin) (Entered: 01/03/2020)

Jan. 3, 2020 PACER
62

NOTICE by Church World Service, Inc., HIAS, Inc., Lutheran Immigration & Refugee Service, Inc. re 59 Order - Joint Notice Regarding Oral Argument (Cox, Justin) (Entered: 01/06/2020)

Jan. 6, 2020 RECAP
63

REPLY to Response to Motion re 56 MOTION to Strike the Veprek Declaration (ECF No. 54-1) filed by Church World Service, Inc., HIAS, Inc., Lutheran Immigration & Refugee Service, Inc.. (Attachments: # 1 Exhibit A - Oct. 24, 2019 Letter to Defendant Agencies)(Cox, Justin) (Entered: 01/07/2020)

1 Exhibit A - Oct. 24, 2019 Letter to Defendant Agencies

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Jan. 7, 2020 PACER
64

Motions Hearing held on 1/8/2020 re 56 Plaintiffs' MOTION to Strike the Veprek Declaration (ECF No. 54-1) - Argued - TAKEN UNDER ADVISEMENT; and 18 Plaintiff's MOTION for Preliminary Injunction of Executive Order 13888 - Argued - TAKEN UNDER ADVISEMENT; Oral Order of the Court DIRECTING Plaintiffs Counsel to Submit a Proposed Order of Preliminary Injunction and Defendants Counsel to Submit a Proposed Order denying Plaintiffs Motion for Preliminary Injunction by noon on Friday, January 10, 2020, all as stated by and before Judge Peter J. Messitte. (Court Reporter: Renee Ewing) (tds, Deputy Clerk) (Entered: 01/08/2020)

Jan. 8, 2020 PACER
65

NOTICE by Alex M. Azar, II, Michael R. Pompeo, Donald J. Trump, Chad Wolf re 18 MOTION for Preliminary Injunction of Executive Order 13888 (Proposed Order) (Attachments: # 1 Text of Proposed Order)(Humphreys, Bradley) (Entered: 01/09/2020)

1 Text of Proposed Order

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Jan. 9, 2020 PACER
67

NOTICE by Church World Service, Inc., HIAS, Inc., Lutheran Immigration & Refugee Service, Inc. re Texas Veto (Attachments: # 1 Exhibit A - Texas Letter)(Keaney, Melissa) (Entered: 01/10/2020)

1 Exhibit A - Texas Letter

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Jan. 10, 2020 PACER
66

NOTICE by Church World Service, Inc., HIAS, Inc., Lutheran Immigration & Refugee Service, Inc. re 64 Motion Hearing,, 18 MOTION for Preliminary Injunction of Executive Order 13888 & and the Funding Notice (Attachments: # 1 Text of Proposed Order)(Cox, Justin) (Entered: 01/10/2020)

1 Text of Proposed Order

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Jan. 10, 2020 PACER
69

ORDER Granting 18 Motion for Preliminary Injunction of Executive Order 13888. Signed by Judge Peter J. Messitte on 1/15/2020. (heps, Deputy Clerk) (Entered: 01/15/2020)

Jan. 15, 2020 RECAP
68

MEMORANDUM OPINION. Signed by Judge Peter J. Messitte on 1/15/2020. (Attachments: # 1 Attachment)(heps, Deputy Clerk) (Entered: 01/15/2020)

1 Attachment

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Jan. 15, 2020 RECAP
70

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 01/08/2020, before Judge Messitte. Court Reporter/Transcriber Renee Ewing, Telephone number 301-344-3227. Total number of pages filed: 128. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained from the Court Reporter or through PACER. Redaction Request due 2/6/2020. Redacted Transcript Deadline set for 2/18/2020. Release of Transcript Restriction set for 4/15/2020.(re, Court Reporter) (Entered: 01/16/2020)

Jan. 16, 2020 PACER
71

Consent MOTION for Extension of Time to File Answer re 1 Complaint, or Other Responsive Pleading by Alex M. Azar, II, Michael R. Pompeo, Donald J. Trump, Chad Wolf (Attachments: # 1 Text of Proposed Order)(Humphreys, Bradley) (Entered: 01/21/2020)

1 Text of Proposed Order

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Jan. 21, 2020 RECAP
72

ORDER granting 71 Motion for Extension of Time to Answer TO 1 Complaint; Alex M. Azar, II answer due 2/4/2020; Michael R. Pompeo answer due 2/4/2020; Donald J. Trump answer due 2/4/2020; Chad Wolf answer due 2/4/2020.. Signed by Judge Peter J. Messitte on 1/22/2020. (heps, Deputy Clerk) (Entered: 01/22/2020)

Jan. 22, 2020 PACER
73

Consent MOTION for Extension of Time to File Answer re 1 Complaint, or Other Responsive Pleading by Alex M. Azar, II, Michael R. Pompeo, Donald J. Trump, Chad Wolf (Attachments: # 1 Text of Proposed Order)(Humphreys, Bradley) (Entered: 02/04/2020)

1 Text of Proposed Order

View on PACER

Feb. 4, 2020 RECAP
74

ORDER Granting 73 Motion for Extension of Time to Answer Alex M. Azar, II answer due 2/18/2020.. Signed by Judge Peter J. Messitte on 2/5/2020. (heps, Deputy Clerk) (Entered: 02/05/2020)

Feb. 5, 2020 PACER
75

NOTICE OF INTERLOCUTORY APPEAL as to 69 Order on Motion for Preliminary Injunction, 68 Memorandum Opinion by Alex M. Azar, II, Michael R. Pompeo, Donald J. Trump, Chad Wolf. (Humphreys, Bradley) (Entered: 02/11/2020)

Feb. 11, 2020 RECAP
76

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 75 Notice of Interlocutory Appeal. IMPORTANT NOTICE: To access forms which you are required to file with the United States Court of Appeals for the Fourth Circuit please go to http://www.ca4.uscourts.gov and click on Forms & Notices.(nu, Deputy Clerk) (Entered: 02/12/2020)

Feb. 12, 2020 RECAP
77

USCA Case Number 20-1160 for 75 Notice of Interlocutory Appeal filed by Michael R. Pompeo, Chad Wolf, Alex M. Azar, II, Donald J. Trump. Case Manager - Jeffrey S. Neal (nus, Deputy Clerk) (Entered: 02/13/2020)

Feb. 13, 2020 PACER
79

ORDER Granting 78 Motion to Stay Proceedings pending final resolution of Defendant's appeal. Signed by Judge Peter J. Messitte on 2/14/2020. (heps, Deputy Clerk) (Entered: 02/14/2020)

Feb. 14, 2020 PACER
78

Consent MOTION to Stay Proceedings by Alex M. Azar, II, Michael R. Pompeo, Donald J. Trump, Chad Wolf (Attachments: # 1 Text of Proposed Order)(Humphreys, Bradley) (Entered: 02/14/2020)

1 Text of Proposed Order

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Feb. 14, 2020 PACER
80

JUDGMENT of USCA affirming the decision of the district court as to 75 Notice of Interlocutory Appeal filed by Michael R. Pompeo, Chad Wolf, Alex M. Azar, II, Donald J. Trump (Attachments: # 1 Notice of Judgment, # 2 Published Opinion)(jj2s, Deputy Clerk) (Entered: 01/08/2021)

Jan. 8, 2021 PACER
81

MANDATE of USCA issued as to 75 Notice of Interlocutory Appeal filed by Michael R. Pompeo, Chad Wolf, Alex M. Azar, II, Donald J. Trump (nus, Deputy Clerk) (Entered: 03/02/2021)

March 2, 2021 PACER
82

Consent MOTION to Lift Stay re 79 Order on Motion to Stay by Church World Service, Inc., HIAS, Inc., Lutheran Immigration & Refugee Service, Inc. (Attachments: # 1 Text of Proposed Order)(Cox, Justin) (Entered: 08/23/2021)

1 Text of Proposed Order

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Aug. 23, 2021 RECAP
83

ORDER granting 82 Motion to Lift Stay and for Leave to File Joint Status Report.Signed by Judge Peter J. Messitte on 8/24/2021. (mg3s, Deputy Clerk) (Entered: 08/24/2021)

Aug. 24, 2021 PACER
84

STATUS REPORT Joint by Church World Service, Inc., HIAS, Inc., Lutheran Immigration & Refugee Service, Inc.(Keaney, Melissa) (Entered: 09/22/2021)

Sept. 22, 2021 PACER
85

ORDER that the Parties' shall file another joint status report on or before October 23, 2021. Signed by Judge Peter J. Messitte on 9/23/2021. (heps, Deputy Clerk) (Entered: 09/23/2021)

Sept. 23, 2021 PACER
86

STATUS REPORT (Joint) by Alex M. Azar, II, Michael R. Pompeo, Donald J. Trump, Chad Wolf(Humphreys, Bradley) (Entered: 10/22/2021)

Oct. 22, 2021 PACER
87

ORDER that the Parties' shall file another joint status report on or before December 21, 2021. Signed by Judge Peter J. Messitte on 10/26/2021. (dg3s, Deputy Clerk) (Entered: 10/26/2021)

Oct. 26, 2021 PACER
88

NOTICE of Voluntary Dismissal by Church World Service, Inc., HIAS, Inc., Lutheran Immigration & Refugee Service, Inc. (Keaney, Melissa) (Entered: 12/14/2021)

Dec. 14, 2021 RECAP
89

MARGINAL ORDER Approving 88 Notice of Voluntary Dismissal. Signed by Judge Peter J. Messitte on 12/15/2021. (heps, Deputy Clerk) (Entered: 12/15/2021)

Dec. 15, 2021 PACER

State / Territory: Maryland

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Key Dates

Filing Date: Nov. 21, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

HIAS, Inc., Church World Service, Inc., and Lutheran Immigration & Refugee Service, Inc.

Plaintiff Type(s):

Non-profit religious organization

Attorney Organizations:

International Refugee Assistance Project (IRAP)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Homeland Security, Federal

U.S. Department of State, Federal

U.S. Department of Health and Human Services, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Constitutional Clause(s):

Federalism (including 10th Amendment)

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2020 - None

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

Asylum - procedure

Refugees