Case: Make the Road New York v. Pompeo

1:19-cv-11633 | U.S. District Court for the Southern District of New York

Filed Date: Dec. 19, 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. In the fall of 2019, district court judges from across the country granted preliminary injunctions enjoining the government from implement…

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. In the fall of 2019, 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 issued a judgment enjoining the public charge rule for the Department of State on July 29, 2020. On February 2, 2021, President Biden issued an Executive Order calling for government agencies to review actions related to the implementation of the public charge rule.

Make the Road New York Sues Over the Public Charge Rule

On December 19, 2019, individuals facing deportation, their United States citizen relatives, and nonprofit organizations that assist noncitizens filed this lawsuit in the U.S. District Court for the Southern District of New York. Plaintiffs sued the State Department (DOS); the Department of Health and Human Services (HHS); and President Trump, claiming violations of the APA, an ultra vires proclamation by the President, and violations of Fifth Amendment Equal Protection. They alleged that Trump Administration’s changes to the asylum system, various deferred-action programs, and to the family-based immigration system had the purpose and effect of excluding lawful status immigrants "from predominately nonwhite countries." They also alleged that the new rules would essentially create a wealth test for entry into the United States. Plaintiffs alleged that these discriminatory impacts were deliberate and purposeful, and would cause substantial harm in destroying their families, penalizing the use of benefits, and diverting resources from them. Plaintiffs sought declaratory and injunctive relief. The case was assigned to Judge George Daniels.

Background on the Public Charge Rule: Changes to the Foreign Affairs Manual, Presidential Proclamation, and Department of Homeland Security’s Interim Rule

Beginning in January 2018, the DOS published revisions to the Foreign Affairs Manual (FAM) that changed how consular officers should interpret the public charge rule, which defines personal circumstances that affect the ability of individuals and their families to successfully enter the U.S. The change increased the types of programs that the federal government would consider in public charge determinations to now also include previously excluded health, nutrition, and housing programs. The Immigration and Nationality Act (INA) provides that if a consular officer finds that a person seeking a visa is likely to become a public charge, that person is “inadmissible.” Thus, an immigrant who uses non-cash benefits such as food stamps or Medicaid may be found more likely to be a public charge and inadmissible for purposes of a visa. The plaintiffs asserted that the effect of this Rule would be to force immigrant families to choose between using these benefits or risk failing to gain entry to the U.S.

On October 4, 2019, President Trump issued a proclamation (the Proclamation) relating to the public charge rule, ordering DOS and HHS to deny visas to those who cannot prove they will be able to get health insurance. A week later on October 11, 2019, when the Department of Homeland Security's similar public charge rule (DHS Rule) was beginning to be enjoined by courts around the country, DOS formalized the changes to the FAM by implementing the Interim Final Rule. This rule mirrored the DHS Rule, explicitly expanding the definition of "public charge" for the purposes of granting visas.

The Proclamation was enjoined nationwide on November 26, 2019 in Doe v. Oregon. 2019 WL 6324560. This case followed soon after, seeking to enjoin and vacate the 2018 FAM revisions, the Interim Final Rule, and the Proclamation.

On January 14, 2020, this case was accepted as related to Make the Road New York v. Cuccinelli (S.D.N.Y. 2019).

The Plaintiffs Seek a Preliminary Injunction and Defendants Move to Dismiss

On January 21, 2020, plaintiffs moved for preliminary injunction, asserting that they were likely to prevail on their claim and if the policies were allowed to continue plaintiffs would suffer irreparable harm in the form of indefinite family separation, health risks, and loss of resources for the entities that support noncitizens.

On February 13, defendants moved to dismiss, asserting that plaintiffs lacked subject matter jurisdiction and failed to state a claim.

Plaintiffs additionally sought a temporary restraining order to prevent the defendants from enacting their policies until there was a hearing on the preliminary injunction motion. The temporary restraining order was intended to protect the plaintiffs from the harms outlined in the complaint until the preliminary injunction motion could be adjudicated. The court rejected the emergency motion on February 21.

The DOS rule went into effect on February 24, 2020.

District Court Grants Preliminary Injunction, Denies Motion to Dismiss

On July 29, 2020, Judge Daniels issued an order granting a preliminary nationwide injunction against the new rule. 475 F.Supp.3d 232. He held that (1) plaintiffs were likely to suffer irreparable harm absent the injunction by being denied visas, which would result in indefinite family separation; (2) an injunction would be "heavily" in the public interest; and (3) a nationwide injunction was appropriate because these problems were not geographically isolated.

The court also granted defendants' motion to dismiss in part, allowing President Trump to be removed as a party from the case. However, Judge Daniels denied every other part of the motion, finding that (1) plaintiffs’ APA claim was within the zone of interest of the INA; (2) plaintiffs; challenge to the 2018 FAM changes were not moot; (3) the APA authorizes judicial review of the DOS's actions; (4) defendants had likely violated the APA; (5) plaintiffs had adequately stated an equal protection claim; and (6) the Proclamation was likely contrary to the INA and ultra vires.

On September 22, 2020, defendants filed an interlocutory appeal of the preliminary injunction to the Second Circuit, docket no. 20-3214. They also moved in the District Court to stay the July order pending appeal. The defendants asked Judge Daniels to rule on their motion by October 16, but he declined to do so. The defendants also asked to the Second Circuit to stay the preliminary injunction pending appeal.

Changes with the Biden Administration

On February 2, 2021, President Biden issued an Executive Order calling for government agencies to review actions related to the implementation of the public charge rule. On February 10, the Second Circuit entered an order holding the proceedings on the interlocutory appeal in abeyance.

On February 20, defendants moved to stay proceedings for 90 days while the new administration reevaluated the rule. The court granted the motion on February 22.

As of February 27, 2021, the FAM revisions, Interim Final Rule, and the Proclamation are enjoined nationwide. The Second Circuit has yet to rule on defendants' appeal of the injunction and the stay of the order pending appeal. Proceedings in both the Second Circuit and District Court are currently on hold while the new administration reevaluates its approach to the public charge rule.

Summary Authors

Cedar Hobbs (3/4/2020)

Jack Kanarek (2/27/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/16608516/parties/make-the-road-new-york-v-pompeo/


Judge(s)

Daniels, George B. (New York)

Attorneys(s) for Plaintiff

Azmy, Baher (New York)

Broder, Tanya (California)

Cameron, Susan Joan (New York)

Cuevas Ingram, Joanna Elise (New York)

Ehrlich, Andrew J. (New York)

Espiritu, Nicholas David (California)

Filburn, Christopher Lee (New York)

Goldiner, Judith (New York)

Holder, Adriene L. (New York)

Judge(s)

Daniels, George B. (New York)

Attorneys(s) for Plaintiff

Azmy, Baher (New York)

Broder, Tanya (California)

Cameron, Susan Joan (New York)

Cuevas Ingram, Joanna Elise (New York)

Ehrlich, Andrew J. (New York)

Espiritu, Nicholas David (California)

Filburn, Christopher Lee (New York)

Goldiner, Judith (New York)

Holder, Adriene L. (New York)

Hurwitz, Jonathan H (New York)

Sabel, Janet E. (New York)

Schwarz, Ghita (New York)

Shafiqullah, Hasan (New York)

Thomas, Brittany (New York)

Welber, Susan (New York)

Wolson, Max (District of Columbia)

Attorneys(s) for Defendant

Luh, James C. (District of Columbia)

Other Attorney(s)

Vale, Judith Naomi (New York)

Documents in the Clearinghouse

Document

1:19-cv-11633

Docket [PACER]

Feb. 22, 2021

Feb. 22, 2021

Docket
1

1:19-cv-11633

Complaint

Dec. 19, 2019

Dec. 19, 2019

Complaint
88

1:19-cv-11633

Memorandum Decision and Order

July 29, 2020

July 29, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16608516/make-the-road-new-york-v-pompeo/

Last updated Aug. 27, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Alex Azar, Michael Pompeo, Donald Trump, United States Department of Health & Human Services, United States Department of State. (Filing Fee $ 400.00, Receipt Number ANYSDC-18322003)Document filed by Alicia Doe, Central American Refugee Center New York, Brenda Doe, Diana Doe, African Services Committee, Carl Doe, Make the Road New York, Catholic Charities Community Services (Archdiocese of New York), Eric Doe, Catholic Legal Immigration Network, Inc..(Ehrlich, Andrew) (Entered: 12/19/2019)

Dec. 19, 2019

Dec. 19, 2019

RECAP
2

CIVIL COVER SHEET filed. (Ehrlich, Andrew) (Entered: 12/19/2019)

Dec. 19, 2019

Dec. 19, 2019

PACER
3

NOTICE OF APPEARANCE by Joanna Elise Cuevas Ingram on behalf of African Services Committee, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Central American Refugee Center New York, Alicia Doe, Brenda Doe, Carl Doe, Diana Doe, Eric Doe, Make the Road New York. (Cuevas Ingram, Joanna) (Entered: 12/19/2019)

Dec. 19, 2019

Dec. 19, 2019

PACER
4

STATEMENT OF RELATEDNESS re: that this action be filed as related to 19-CV-7993. Document filed by African Services Committee, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Central American Refugee Center New York, Alicia Doe, Brenda Doe, Carl Doe, Diana Doe, Eric Doe, Make the Road New York.(Ehrlich, Andrew) (Entered: 12/19/2019)

Dec. 19, 2019

Dec. 19, 2019

PACER
5

REQUEST FOR ISSUANCE OF SUMMONS as to Michael Pompeo, in his official capacity as United States Secretary of State, re: 1 Complaint,. Document filed by African Services Committee, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Central American Refugee Center New York, Alicia Doe, Brenda Doe, Carl Doe, Diana Doe, Eric Doe, Make the Road New York. (Ehrlich, Andrew) (Entered: 12/19/2019)

Dec. 19, 2019

Dec. 19, 2019

PACER
6

REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of State, re: 1 Complaint,. Document filed by African Services Committee, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Central American Refugee Center New York, Alicia Doe, Brenda Doe, Carl Doe, Diana Doe, Eric Doe, Make the Road New York. (Ehrlich, Andrew) (Entered: 12/19/2019)

Dec. 19, 2019

Dec. 19, 2019

PACER
7

FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Donald J. Trump, in his official capacity as President of the United States, re: 1 Complaint,. Document filed by African Services Committee, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Central American Refugee Center New York, Alicia Doe, Brenda Doe, Carl Doe, Diana Doe, Eric Doe, Make the Road New York. (Ehrlich, Andrew) Modified on 12/20/2019 (pc). (Entered: 12/19/2019)

Dec. 19, 2019

Dec. 19, 2019

PACER
8

FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Alex M. Azar, in his official capacity as Secretary of the United States Department of Health and Human Services, re: 1 Complaint,. Document filed by African Services Committee, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Central American Refugee Center New York, Alicia Doe, Brenda Doe, Carl Doe, Diana Doe, Eric Doe, Make the Road New York. (Ehrlich, Andrew) Modified on 12/20/2019 (pc). (Entered: 12/19/2019)

Dec. 19, 2019

Dec. 19, 2019

PACER
9

REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Health and Human Services, re: 1 Complaint,. Document filed by African Services Committee, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Central American Refugee Center New York, Alicia Doe, Brenda Doe, Carl Doe, Diana Doe, Eric Doe, Make the Road New York. (Ehrlich, Andrew) (Entered: 12/19/2019)

Dec. 19, 2019

Dec. 19, 2019

PACER
10

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Make the Road New York.(Ehrlich, Andrew) (Entered: 12/19/2019)

Dec. 19, 2019

Dec. 19, 2019

PACER
11

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by African Services Committee.(Ehrlich, Andrew) (Entered: 12/19/2019)

Dec. 19, 2019

Dec. 19, 2019

PACER
12

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Central American Refugee Center New York.(Ehrlich, Andrew) (Entered: 12/19/2019)

Dec. 19, 2019

Dec. 19, 2019

PACER
13

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Catholic Charities, Archdiocese of New York for Catholic Charities Community Services (Archdiocese of New York). Document filed by Catholic Charities Community Services (Archdiocese of New York).(Ehrlich, Andrew) (Entered: 12/19/2019)

Dec. 19, 2019

Dec. 19, 2019

PACER
14

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Catholic Legal Immigration Network, Inc..(Ehrlich, Andrew) (Entered: 12/19/2019)

Dec. 19, 2019

Dec. 19, 2019

PACER
15

NOTICE OF APPEARANCE by Jonathan Hillel Hurwitz on behalf of African Services Committee, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Central American Refugee Center New York, Alicia Doe, Brenda Doe, Carl Doe, Diana Doe, Eric Doe, Make the Road New York. (Hurwitz, Jonathan) (Entered: 12/19/2019)

Dec. 19, 2019

Dec. 19, 2019

PACER
16

NOTICE OF APPEARANCE by Christopher Lee Filburn on behalf of African Services Committee, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Central American Refugee Center New York, Alicia Doe, Brenda Doe, Carl Doe, Diana Doe, Eric Doe, Make the Road New York. (Filburn, Christopher) (Entered: 12/19/2019)

Dec. 19, 2019

Dec. 19, 2019

PACER
17

NOTICE OF APPEARANCE by Susan Joan Cameron on behalf of African Services Committee, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Central American Refugee Center New York, Alicia Doe, Brenda Doe, Carl Doe, Diana Doe, Eric Doe, Make the Road New York. (Cameron, Susan) (Entered: 12/20/2019)

Dec. 20, 2019

Dec. 20, 2019

RECAP

Case Opening Initial Assignment Notice

Dec. 20, 2019

Dec. 20, 2019

PACER

Notice Regarding Pro Hac Vice Motion

Dec. 20, 2019

Dec. 20, 2019

PACER

Notice to Attorney Regarding Deficient Request for Issuance of Summons

Dec. 20, 2019

Dec. 20, 2019

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (pc)

Dec. 20, 2019

Dec. 20, 2019

PACER

Case Designated ECF. (pc)

Dec. 20, 2019

Dec. 20, 2019

PACER

CASE REFERRED TO Judge George B. Daniels as possibly related to 19cv7993. (pc)

Dec. 20, 2019

Dec. 20, 2019

PACER
18

MOTION for Max Samuel Wolson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18332398. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by African Services Committee, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Central American Refugee Center New York, Alicia Doe, Brenda Doe, Carl Doe, Diana Doe, Eric Doe, Make the Road New York. (Attachments: # 1 Affidavit Attorney Affidavit, # 2 Text of Proposed Order Proposed Order, # 3 Exhibit D.C. Certificate of Good Standing, # 4 Exhibit Maryland Certificate of Good Standing)(Wolson, Max) (Entered: 12/20/2019)

1 Affidavit Attorney Affidavit

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2 Text of Proposed Order Proposed Order

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3 Exhibit D.C. Certificate of Good Standing

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4 Exhibit Maryland Certificate of Good Standing

View on PACER

Dec. 20, 2019

Dec. 20, 2019

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 18 MOTION for Max Samuel Wolson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18332398. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

Dec. 20, 2019

Dec. 20, 2019

PACER
19

ELECTRONIC SUMMONS ISSUED as to United States Department of Health & Human Services. (pc) (Entered: 12/20/2019)

Dec. 20, 2019

Dec. 20, 2019

PACER
20

ELECTRONIC SUMMONS ISSUED as to Michael Pompeo. (pc) (Entered: 12/20/2019)

Dec. 20, 2019

Dec. 20, 2019

PACER
21

ELECTRONIC SUMMONS ISSUED as to United States Department of State. (pc) (Entered: 12/20/2019)

Dec. 20, 2019

Dec. 20, 2019

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Andrew James Ehrlich to RE-FILE Document No. 7 Request for Issuance of Summons,, 8 Request for Issuance of Summons,,. The filing is deficient for the following reason(s): Party names on summonses must exactly match what's listed on the complaint caption title;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)

Dec. 20, 2019

Dec. 20, 2019

PACER
22

NOTICE OF APPEARANCE by Ghita Schwarz on behalf of African Services Committee, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Central American Refugee Center New York, Alicia Doe, Brenda Doe, Carl Doe, Diana Doe, Eric Doe, Make the Road New York. (Schwarz, Ghita) (Entered: 12/20/2019)

Dec. 20, 2019

Dec. 20, 2019

PACER
23

FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Donald Trump, in his official capacity as President of the United States, re: 1 Complaint,. Document filed by African Services Committee, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Central American Refugee Center New York, Alicia Doe, Brenda Doe, Carl Doe, Diana Doe, Eric Doe, Make the Road New York. (Ehrlich, Andrew) Modified on 12/23/2019 (jgo). (Entered: 12/20/2019)

Dec. 20, 2019

Dec. 20, 2019

PACER
24

REQUEST FOR ISSUANCE OF SUMMONS as to Alex Azar, in his official capacity as Secretary of the Department of Health and Human Services, re: 1 Complaint,. Document filed by African Services Committee, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Central American Refugee Center New York, Alicia Doe, Brenda Doe, Carl Doe, Diana Doe, Eric Doe, Make the Road New York. (Ehrlich, Andrew) (Entered: 12/20/2019)

Dec. 20, 2019

Dec. 20, 2019

PACER
25

NOTICE OF APPEARANCE by Susan Elizabeth Welber on behalf of African Services Committee, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Central American Refugee Center New York, Alicia Doe, Brenda Doe, Carl Doe, Diana Doe, Eric Doe, Make the Road New York. (Welber, Susan) (Entered: 12/20/2019)

Dec. 20, 2019

Dec. 20, 2019

PACER
26

ELECTRONIC SUMMONS ISSUED as to Alex Azar. (jgo) (Entered: 12/23/2019)

Dec. 23, 2019

Dec. 23, 2019

PACER

Notice to Attorney Regarding Deficient Request for Issuance of Summons

Dec. 23, 2019

Dec. 23, 2019

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Andrew James Ehrlich to RE-FILE Document No. 23 Request for Issuance of Summons,,. The filing is deficient for the following reason(s): the PDF case caption does not exactly match pleading caption;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo)

Dec. 23, 2019

Dec. 23, 2019

PACER
27

REQUEST FOR ISSUANCE OF SUMMONS as to Donald Trump, in his official capacity as President of the United States, re: 1 Complaint,. Document filed by African Services Committee, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Central American Refugee Center New York, Alicia Doe, Brenda Doe, Carl Doe, Diana Doe, Eric Doe, Make the Road New York. (Ehrlich, Andrew) (Entered: 12/23/2019)

Dec. 23, 2019

Dec. 23, 2019

PACER
28

ELECTRONIC SUMMONS ISSUED as to Donald Trump. (pne) (Entered: 12/26/2019)

Dec. 26, 2019

Dec. 26, 2019

PACER
29

SUMMONS RETURNED EXECUTED Summons and Complaint, served. Michael Pompeo served on 12/30/2019, answer due 2/28/2020. Service was made by Mail. Document filed by Alicia Doe; Central American Refugee Center New York; Brenda Doe; Diana Doe; African Services Committee ; Carl Doe; Make the Road New York; Catholic Charities Community Services (Archdiocese of New York); Eric Doe; Catholic Legal Immigration Network, Inc.. (Ehrlich, Andrew) (Entered: 12/30/2019)

Dec. 30, 2019

Dec. 30, 2019

PACER
30

SUMMONS RETURNED EXECUTED Summons and Complaint, served. United States Department of State served on 12/30/2019, answer due 2/28/2020. Service was made by Mail. Document filed by Alicia Doe; Central American Refugee Center New York; Brenda Doe; Diana Doe; African Services Committee ; Carl Doe; Make the Road New York; Catholic Charities Community Services (Archdiocese of New York); Eric Doe; Catholic Legal Immigration Network, Inc.. (Ehrlich, Andrew) (Entered: 12/30/2019)

Dec. 30, 2019

Dec. 30, 2019

PACER
31

SUMMONS RETURNED EXECUTED Summons and Complaint, served. Donald Trump served on 12/30/2019, answer due 2/28/2020. Service was made by Mail. Document filed by Alicia Doe; Central American Refugee Center New York; Brenda Doe; Diana Doe; African Services Committee ; Carl Doe; Make the Road New York; Catholic Charities Community Services (Archdiocese of New York); Eric Doe; Catholic Legal Immigration Network, Inc.. (Ehrlich, Andrew) (Entered: 12/30/2019)

Dec. 30, 2019

Dec. 30, 2019

PACER
32

SUMMONS RETURNED EXECUTED Summons and Complaint, served. Alex Azar served on 12/30/2019, answer due 2/28/2020. Service was made by Mail. Document filed by Alicia Doe; Central American Refugee Center New York; Brenda Doe; Diana Doe; African Services Committee ; Carl Doe; Make the Road New York; Catholic Charities Community Services (Archdiocese of New York); Eric Doe; Catholic Legal Immigration Network, Inc.. (Ehrlich, Andrew) (Entered: 12/30/2019)

Dec. 30, 2019

Dec. 30, 2019

PACER
33

SUMMONS RETURNED EXECUTED Summons and Complaint, served. United States Department of Health & Human Services served on 12/30/2019, answer due 2/28/2020. Service was made by Mail. Document filed by Alicia Doe; Central American Refugee Center New York; Brenda Doe; Diana Doe; African Services Committee ; Carl Doe; Make the Road New York; Catholic Charities Community Services (Archdiocese of New York); Eric Doe; Catholic Legal Immigration Network, Inc.. (Ehrlich, Andrew) (Entered: 12/30/2019)

Dec. 30, 2019

Dec. 30, 2019

PACER
34

NOTICE OF APPEARANCE by Brittany Thomas on behalf of Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Central American Refugee Center New York, Alicia Doe, Brenda Doe, Carl Doe, Diana Doe, Eric Doe, Make the Road New York. (Thomas, Brittany) (Entered: 01/09/2020)

Jan. 9, 2020

Jan. 9, 2020

PACER
35

INITIAL PRETRIAL CONFERENCE: Counsel for all parties are hereby directed to attend a conference at the time and place fixed below, for the purpose of Case Management and scheduling pursuant to Fed. R. Civ. P. 16. You are directed to furnish all attorneys in this action with copies of this order and enclosures, and to furnish chambers with a copy of any transmittal letter(s). If you are unaware of the identity of counsel for any of the parties, you must forthwith send a copy of the notice and rules to that party personally. An Initial pretrial conference will be held on Tuesday, March 17, 2020 at 10:30 a.m. at the United States District Courthouse, 500 Pearl Street, New York, New York, Courtroom 11A. So Ordered. (Initial Conference set for 3/17/2020 at 10:30 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 1/13/20) (yv) (Entered: 01/14/2020)

Jan. 14, 2020

Jan. 14, 2020

PACER

Notice of Case Assignment/Reassignment

Jan. 14, 2020

Jan. 14, 2020

PACER

CASE ACCEPTED AS RELATED. Create association to 1:19-cv-07993-GBD. Notice of Assignment to follow. (wb)

Jan. 14, 2020

Jan. 14, 2020

PACER

NOTICE OF CASE REASSIGNMENT to Judge George B. Daniels. Judge Unassigned is no longer assigned to the case. (wb)

Jan. 14, 2020

Jan. 14, 2020

PACER

Magistrate Judge Ona T. Wang is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (wb)

Jan. 14, 2020

Jan. 14, 2020

PACER
36

NOTICE OF APPEARANCE by James Luh on behalf of Alex Azar, Michael Pompeo, Donald Trump, United States Department of Health & Human Services, United States Department of State. (Luh, James) (Entered: 01/14/2020)

Jan. 14, 2020

Jan. 14, 2020

PACER
37

MOTION for Nicholas David Espiritu to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18512815. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by African Services Committee, Catholic Legal Immigration Network, Inc., Central American Refugee Center New York, Alicia Doe, Brenda Doe, Carl Doe, Diana Doe, Eric Doe. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Espiritu, Nicholas) (Entered: 01/15/2020)

1 Affidavit

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2 Certificate of Good Standing

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3 Text of Proposed Order

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Jan. 15, 2020

Jan. 15, 2020

PACER

Notice Regarding Pro Hac Vice Motion

Jan. 15, 2020

Jan. 15, 2020

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 37 MOTION for Nicholas David Espiritu to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18512815. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)

Jan. 15, 2020

Jan. 15, 2020

PACER
38

CONSENT LETTER MOTION for Leave to File Excess Pages addressed to Judge George B. Daniels from Andrew J. Ehrlich dated January 15, 2020. Document filed by African Services Committee, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Central American Refugee Center New York, Alicia Doe, Brenda Doe, Carl Doe, Diana Doe, Eric Doe, Make the Road New York.(Ehrlich, Andrew) (Entered: 01/15/2020)

Jan. 15, 2020

Jan. 15, 2020

PACER
39

MOTION for Tanya Broder to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18538198. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by African Services Committee, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Central American Refugee Center New York, Alicia Doe, Brenda Doe, Carl Doe, Diana Doe, Eric Doe, Make the Road New York. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Broder, Tanya) (Entered: 01/17/2020)

1 Affidavit

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2 Certificate of Good Standing

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3 Text of Proposed Order

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Jan. 17, 2020

Jan. 17, 2020

PACER

Notice Regarding Pro Hac Vice Motion

Jan. 21, 2020

Jan. 21, 2020

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 39 MOTION for Tanya Broder to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18538198. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

Jan. 21, 2020

Jan. 21, 2020

PACER
40

ORDER MOTION FOR ADMISSION PRO HAC VICE granting 37 Motion for Nicholas Espiritu to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 1/21/2020) (va) (Entered: 01/21/2020)

Jan. 21, 2020

Jan. 21, 2020

PACER
41

ORDER granting 38 Letter Motion for Leave to File Excess Pages. SO ORDERED. (Signed by Judge George B. Daniels on 1/21/2020) (va) (Entered: 01/21/2020)

Jan. 21, 2020

Jan. 21, 2020

PACER
42

ORDER MOTION FOR ADMISSION PRO HAC VICE: granting 39 Motion for Tanya Broder to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 1/21/2020) (ama) (Entered: 01/21/2020)

Jan. 21, 2020

Jan. 21, 2020

PACER
43

MOTION for Preliminary Injunction . Document filed by African Services Committee, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Central American Refugee Center New York, Alicia Doe, Brenda Doe, Carl Doe, Diana Doe, Eric Doe, Make the Road New York.(Ehrlich, Andrew) (Entered: 01/21/2020)

Jan. 21, 2020

Jan. 21, 2020

PACER
44

MEMORANDUM OF LAW in Support re: 43 MOTION for Preliminary Injunction . . Document filed by African Services Committee, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Central American Refugee Center New York, Alicia Doe, Brenda Doe, Carl Doe, Diana Doe, Eric Doe, Make the Road New York. (Ehrlich, Andrew) (Entered: 01/21/2020)

Jan. 21, 2020

Jan. 21, 2020

PACER
45

DECLARATION of Andrew J. Ehrlich in Support re: 43 MOTION for Preliminary Injunction .. Document filed by African Services Committee, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Central American Refugee Center New York, Alicia Doe, Brenda Doe, Carl Doe, Diana Doe, Eric Doe, Make the Road New York. (Attachments: # 1 Exhibit 1 - Challenged Regulatory Action, # 2 Exhibit 2 - Challenged Regulatory Action, # 3 Exhibit 3 - Challenged Regulatory Action, # 4 Exhibit 4 - Challenged Regulatory Action, # 5 Exhibit 5 - Challenged Regulatory Action, # 6 Exhibit 6 - Challenged Regulatory Action, # 7 Exhibit 7 - Challenged Regulatory Action, # 8 Exhibit 8 - Challenged Regulatory Action, # 9 Exhibit 9 - Expert Declaration, # 10 Exhibit 10 - Expert Declaration, # 11 Exhibit 11 - Expert Declaration, # 12 Exhibit 12 - Expert Declaration, # 13 Exhibit 13 - Expert Declaration, # 14 Exhibit 14 - Plaintiff Declaration, # 15 Exhibit 15 - Plaintiff Declaration, # 16 Exhibit 16 - Plaintiff Declaration, # 17 Exhibit 17 - Plaintiff Declaration, # 18 Exhibit 18 - Plaintiff Declaration, # 19 Exhibit 19 - Plaintiff Declaration, # 20 Exhibit 20 - Plaintiff Declaration, # 21 Exhibit 21 - Plaintiff Declaration, # 22 Exhibit 22 - Plaintiff Declaration, # 23 Exhibit 23 - Regulatory Action, # 24 Exhibit 24 - Regulatory Action, # 25 Exhibit 25 - Regulatory Action, # 26 Exhibit 26 - Comment submitted to DHS, # 27 Exhibit 27 - Regulatory Action, # 28 Exhibit 28 - Regulatory Action, # 29 Exhibit 29 - Regulatory Action, # 30 Exhibit 30 - Regulatory Action, # 31 Exhibit 31 - Regulatory Action, # 32 Exhibit 32 - Regulatory Action, # 33 Exhibit 33 - Comment submitted to DHS, # 34 Exhibit 34 - Regulatory Action, # 35 Exhibit 35 - Regulatory Action, # 36 Exhibit 36 - Regulatory Action, # 37 Exhibit 37 - Regulatory Action, # 38 Exhibit 38 - Regulatory Action, # 39 Exhibit 39 - Regulatory Action, # 40 Exhibit 40 - Regulatory Action, # 41 Exhibit 41 - Regulatory Action, # 42 Exhibit 42 - Comment submitted to DHS, # 43 Exhibit 43 - Academic Article, # 44 Exhibit 44 - Estimated Impacts Report, # 45 Exhibit 45 - Comment submitted to DHS, # 46 Exhibit 46 - Comment submitted to DHS, # 47 Exhibit 47 - News article, # 48 Exhibit 48 - DHS tables, # 49 Exhibit 49 - Draft Executive Order, # 50 Exhibit 50 - Medicaid and CHIP report to Congress, # 51 Exhibit 51 - Comment on DHS Rule, # 52 Exhibit 52 - Comment on DHS Rule, # 53 Exhibit 53-1 - Employer Health Benefits Survey, # 54 Exhibit 53-2 - Employer Health Benefits Survey, # 55 Exhibit 54 - Group Health Plan Eligibility, # 56 Exhibit 55 - Comment on IFR, # 57 Exhibit 56 - Administrative Record)(Ehrlich, Andrew) (Entered: 01/21/2020)

1 Exhibit 1 - Challenged Regulatory Action

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2 Exhibit 2 - Challenged Regulatory Action

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3 Exhibit 3 - Challenged Regulatory Action

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4 Exhibit 4 - Challenged Regulatory Action

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5 Exhibit 5 - Challenged Regulatory Action

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6 Exhibit 6 - Challenged Regulatory Action

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7 Exhibit 7 - Challenged Regulatory Action

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8 Exhibit 8 - Challenged Regulatory Action

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9 Exhibit 9 - Expert Declaration

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10 Exhibit 10 - Expert Declaration

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11 Exhibit 11 - Expert Declaration

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12 Exhibit 12 - Expert Declaration

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13 Exhibit 13 - Expert Declaration

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14 Exhibit 14 - Plaintiff Declaration

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15 Exhibit 15 - Plaintiff Declaration

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16 Exhibit 16 - Plaintiff Declaration

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17 Exhibit 17 - Plaintiff Declaration

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18 Exhibit 18 - Plaintiff Declaration

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19 Exhibit 19 - Plaintiff Declaration

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20 Exhibit 20 - Plaintiff Declaration

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21 Exhibit 21 - Plaintiff Declaration

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22 Exhibit 22 - Plaintiff Declaration

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23 Exhibit 23 - Regulatory Action

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24 Exhibit 24 - Regulatory Action

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25 Exhibit 25 - Regulatory Action

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26 Exhibit 26 - Comment submitted to DHS

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27 Exhibit 27 - Regulatory Action

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28 Exhibit 28 - Regulatory Action

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29 Exhibit 29 - Regulatory Action

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30 Exhibit 30 - Regulatory Action

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31 Exhibit 31 - Regulatory Action

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32 Exhibit 32 - Regulatory Action

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33 Exhibit 33 - Comment submitted to DHS

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34 Exhibit 34 - Regulatory Action

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35 Exhibit 35 - Regulatory Action

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36 Exhibit 36 - Regulatory Action

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37 Exhibit 37 - Regulatory Action

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38 Exhibit 38 - Regulatory Action

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39 Exhibit 39 - Regulatory Action

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40 Exhibit 40 - Regulatory Action

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41 Exhibit 41 - Regulatory Action

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42 Exhibit 42 - Comment submitted to DHS

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43 Exhibit 43 - Academic Article

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44 Exhibit 44 - Estimated Impacts Report

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45 Exhibit 45 - Comment submitted to DHS

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46 Exhibit 46 - Comment submitted to DHS

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47 Exhibit 47 - News article

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48 Exhibit 48 - DHS tables

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49 Exhibit 49 - Draft Executive Order

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50 Exhibit 50 - Medicaid and CHIP report to Congress

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51 Exhibit 51 - Comment on DHS Rule

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52 Exhibit 52 - Comment on DHS Rule

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53 Exhibit 53-1 - Employer Health Benefits Survey

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54 Exhibit 53-2 - Employer Health Benefits Survey

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55 Exhibit 54 - Group Health Plan Eligibility

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56 Exhibit 55 - Comment on IFR

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57 Exhibit 56 - Administrative Record

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Jan. 21, 2020

Jan. 21, 2020

PACER
46

LETTER MOTION for Extension of Time to File Response/Reply as to 43 MOTION for Preliminary Injunction . addressed to Judge George B. Daniels from James C. Luh dated January 22, 2020., LETTER MOTION for Leave to File Excess Pages addressed to Judge George B. Daniels from James C. Luh dated January 22, 2020. Document filed by Alex Azar, Michael Pompeo, Donald Trump, United States Department of Health & Human Services, United States Department of State.(Luh, James) (Entered: 01/22/2020)

Jan. 22, 2020

Jan. 22, 2020

PACER
47

ORDER: terminating 46 Letter Motion for Extension of Time to File. Response/Reply; terminating 46 Letter Motion for Leave to File Excess Pages. Defendants' consolidated brief comprising their memorandum in opposition to Plaintiffs' motion for preliminary injunction and in support of Defendants' forthcoming motion to dismiss is due by February 13, 2020. Plaintiffs' consolidated brief comprising their reply in support of their motion for preliminary injunction and their opposition to Defendants' motion to dismiss is due by February 27, 2020. Defendants' reply in support of their motion to dismiss is due by March 12, 2020. The page limit for each of Plaintiffs' and Defendants' briefs is extended to 50 pages. Oral argument on Plaintiffs' motion for preliminary injunction and Defendants' motion to dismiss shall be heard on March 17, 2020 at 10:30 am. SO ORDERED. (Signed by Judge George B. Daniels on 1/23/2020) (ama) (Entered: 01/23/2020)

Jan. 23, 2020

Jan. 23, 2020

PACER

Set/Reset Deadlines: ( Responses due by 2/13/2020, Replies due by 3/12/2020.), Set/Reset Hearings:( Oral Argument set for 3/17/2020 at 10:30 AM before Judge George B. Daniels.) (ama)

Jan. 23, 2020

Jan. 23, 2020

PACER
48

NOTICE OF APPEARANCE by Judith Naomi Vale on behalf of STATE OF NEW YORK, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, Commonwealth of Massachusetts, State of Michigan, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of Oregon, Commonwealth of Pennsylvania, State of Rhode Island, State of Vermont, Commonwealth of Virginia, State of Washington, District of Columbia, County of Santa Clara, City of New York, City of Chicago, City of Los Angeles, City of Oakland, City of Philadelphia, City of Seattle..(Vale, Judith) (Entered: 02/06/2020)

Feb. 6, 2020

Feb. 6, 2020

PACER
49

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to File Amicus Brief . Document filed by City of Chicago, City of Los Angeles, City of New York, City of Oakland, City of Philadelphia, City of Seattle, Commonwealth of Massachusetts, Commonwealth of Pennsylvania, Commonwealth of Virginia, County of Santa Clara, District of Columbia, STATE OF NEW YORK, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of Oregon, State of Rhode Island, State of Vermont, State of Washington. (Attachments: # 1 Memorandum of Law in Support, # 2 Amicus Brief).(Vale, Judith) Modified on 3/12/2020 (db). (Entered: 02/06/2020)

1 Memorandum of Law in Support

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2 Amicus Brief

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Feb. 6, 2020

Feb. 6, 2020

PACER
50

LETTER addressed to Judge George B. Daniels from James C. Luh dated February 11, 2020 re: Department of State action concerning implementation of its October 2019 rule. Document filed by Alex Azar, Michael Pompeo, Donald Trump, United States Department of Health & Human Services, United States Department of State..(Luh, James) (Entered: 02/11/2020)

Feb. 11, 2020

Feb. 11, 2020

PACER
51

ORDER granting 49 Motion to File Amicus Brief. Upon consideration of amici the States of New York, California, Colorado, Connecticut, Delaware, Hawai'i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, and Washington, the District of Columbia, the County of Santa Clara, and the cities of New York, Chicago, Los Angeles, Oakland, Philadelphia, and Seattle's motion for leave to file anamici curiae brief in support of Plaintiffs, (ECF No. 49), it is hereby ORDERED that the motion is GRANTED. So Ordered. (Signed by Judge George B. Daniels on 2/10/20) (yv) (Entered: 02/12/2020)

Feb. 12, 2020

Feb. 12, 2020

PACER
52

MEMORANDUM OF LAW in Opposition re: 43 MOTION for Preliminary Injunction . (Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction and in Support of Motion to Dismiss). Document filed by Alex Azar, Michael Pompeo, Donald Trump, United States Department of Health & Human Services, United States Department of State..(Luh, James) (Entered: 02/13/2020)

Feb. 13, 2020

Feb. 13, 2020

PACER
53

MOTION to Dismiss ., MOTION to Dismiss for Lack of Jurisdiction (Notice of Motion to Dismiss).( Responses due by 2/27/2020) Document filed by Alex Azar, Michael Pompeo, Donald Trump, United States Department of Health & Human Services, United States Department of State..(Luh, James) (Entered: 02/13/2020)

Feb. 13, 2020

Feb. 13, 2020

PACER
54

MEMORANDUM OF LAW in Support re: 53 MOTION to Dismiss . MOTION to Dismiss for Lack of Jurisdiction (Notice of Motion to Dismiss). (Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction and in Support of Motion to Dismiss). Document filed by Alex Azar, Michael Pompeo, Donald Trump, United States Department of Health & Human Services, United States Department of State..(Luh, James) (Entered: 02/13/2020)

Feb. 13, 2020

Feb. 13, 2020

PACER
55

MOTION for Temporary Restraining Order . Document filed by African Services Committee, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Central American Refugee Center New York, Alicia Doe, Brenda Doe, Carl Doe, Diana Doe, Eric Doe, Make the Road New York..(Ehrlich, Andrew) (Entered: 02/19/2020)

Feb. 19, 2020

Feb. 19, 2020

PACER
56

MEMORANDUM OF LAW in Support re: 55 MOTION for Temporary Restraining Order . . Document filed by African Services Committee, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Central American Refugee Center New York, Alicia Doe, Brenda Doe, Carl Doe, Diana Doe, Eric Doe, Make the Road New York..(Ehrlich, Andrew) (Entered: 02/19/2020)

Feb. 19, 2020

Feb. 19, 2020

RECAP
57

DECLARATION of Andrew J. Ehrlich in Support re: 55 MOTION for Temporary Restraining Order .. Document filed by African Services Committee, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Central American Refugee Center New York, Alicia Doe, Brenda Doe, Carl Doe, Diana Doe, Eric Doe, Make the Road New York. (Attachments: # 1 Exhibit 1 - 1/15/20 Electronic Message, # 2 Exhibit 2 - 1/15/20 Electronic Message, # 3 Exhibit 3 - 1/16/20 Electronic Message, # 4 Exhibit 4 - 1/16/20 Electronic Message).(Ehrlich, Andrew) (Entered: 02/19/2020)

1 Exhibit 1 - 1/15/20 Electronic Message

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2 Exhibit 2 - 1/15/20 Electronic Message

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3 Exhibit 3 - 1/16/20 Electronic Message

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4 Exhibit 4 - 1/16/20 Electronic Message

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Feb. 19, 2020

Feb. 19, 2020

PACER
58

MEMORANDUM OF LAW in Opposition re: 55 MOTION for Temporary Restraining Order . . Document filed by Alex Azar, Michael Pompeo, Donald Trump, United States Department of Health & Human Services, United States Department of State. (Attachments: # 1 Attachment).(Luh, James) (Entered: 02/20/2020)

1 Attachment

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Feb. 20, 2020

Feb. 20, 2020

PACER
59

ORDER denying 55 Motion for TRO: Plaintiffs' motion for a temporary restraining order in order to preserve the status quo pending oral argument on Plaintiffs' motion for a preliminary injunction, (ECF No. 55), is DENIED. However, oral argument on Plaintiffs' motion for a preliminary injunction is rescheduled from March 17, 2020 to February 28, 2020 at 11:00 am. (Signed by Judge George B. Daniels on 2/21/2020) (jwh) (Entered: 02/21/2020)

Feb. 21, 2020

Feb. 21, 2020

RECAP

Set/Reset Hearings: Oral Argument set for 2/28/2020 at 11:00 AM before Judge George B. Daniels. (jwh)

Feb. 21, 2020

Feb. 21, 2020

PACER

Minute Entry for proceedings held before Judge George B. Daniels: Oral Argument held on 2/21/2020 re: 55 MOTION for Temporary Restraining Order . filed by Alicia Doe, Central American Refugee Center New York, Make the Road New York, Eric Doe, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Carl Doe, African Services Committee, Diana Doe, Brenda Doe, ( Oral Argument set for 2/28/2020 at 11:00 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels.). Plaintiff Counsel: Andrew James Ehrlich, Jonathan Hillel Hurwitz, Ghita Schwarz, Brittany Thomas, Susan Elizabeth Welber, Joanna Elise Cuevas Ingram; Defense Counsel: James Luh and Court Reporter present (Vega, Elizabeth)

Feb. 21, 2020

Feb. 21, 2020

PACER
60

DECLARATION of Andrew J. Ehrlich in Support re: 43 MOTION for Preliminary Injunction .. Document filed by African Services Committee, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Central American Refugee Center New York, Alicia Doe, Brenda Doe, Carl Doe, Diana Doe, Eric Doe, Make the Road New York. (Attachments: # 1 Exhibit 9 - corrected exhibit 9 expert declaration, # 2 Exhibit 12 - corrected exhibit 12 expert declaration).(Ehrlich, Andrew) (Entered: 02/25/2020)

1 Exhibit 9 - corrected exhibit 9 expert declaration

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2 Exhibit 12 - corrected exhibit 12 expert declaration

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Feb. 25, 2020

Feb. 25, 2020

PACER
61

DECLARATION of C. Mario Russell (Supplemental Declaration) in Support re: 43 MOTION for Preliminary Injunction .. Document filed by African Services Committee, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Central American Refugee Center New York, Alicia Doe, Brenda Doe, Carl Doe, Diana Doe, Eric Doe, Make the Road New York..(Ehrlich, Andrew) (Entered: 02/27/2020)

Feb. 27, 2020

Feb. 27, 2020

PACER
62

DECLARATION of Kim Nichols (Supplemental Declaration) in Support re: 43 MOTION for Preliminary Injunction .. Document filed by African Services Committee, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Central American Refugee Center New York, Alicia Doe, Brenda Doe, Carl Doe, Diana Doe, Eric Doe, Make the Road New York..(Ehrlich, Andrew) (Entered: 02/27/2020)

Feb. 27, 2020

Feb. 27, 2020

PACER
63

DECLARATION of Theo Oshiro (Supplemental Declaration) in Support re: 43 MOTION for Preliminary Injunction .. Document filed by African Services Committee, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Central American Refugee Center New York, Alicia Doe, Brenda Doe, Carl Doe, Diana Doe, Eric Doe, Make the Road New York..(Ehrlich, Andrew) (Entered: 02/27/2020)

Feb. 27, 2020

Feb. 27, 2020

PACER
64

DECLARATION of Elise De Castillo (Supplemental Declaration) in Support re: 43 MOTION for Preliminary Injunction .. Document filed by African Services Committee, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Central American Refugee Center New York, Alicia Doe, Brenda Doe, Carl Doe, Diana Doe, Eric Doe, Make the Road New York..(Ehrlich, Andrew) (Entered: 02/27/2020)

Feb. 27, 2020

Feb. 27, 2020

RECAP
65

DECLARATION of Charles Wheeler (Supplemental Declaration) in Support re: 43 MOTION for Preliminary Injunction .. Document filed by African Services Committee, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Central American Refugee Center New York, Alicia Doe, Brenda Doe, Carl Doe, Diana Doe, Eric Doe, Make the Road New York. (Attachments: # 1 Exhibit A - FAM, # 2 Exhibit B - Form DS-5540, # 3 Exhibit C - 2/14/20 Letter, # 4 Exhibit D - Supporting Statement, # 5 Exhibit E - Legal Authorities).(Ehrlich, Andrew) (Entered: 02/27/2020)

1 Exhibit A - FAM

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2 Exhibit B - Form DS-5540

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3 Exhibit C - 2/14/20 Letter

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4 Exhibit D - Supporting Statement

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5 Exhibit E - Legal Authorities

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Feb. 27, 2020

Feb. 27, 2020

PACER
66

REPLY MEMORANDUM OF LAW in Support re: 43 MOTION for Preliminary Injunction . And in Opposition to 53 Defendants' Motion to Dismiss. Document filed by African Services Committee, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Central American Refugee Center New York, Alicia Doe, Brenda Doe, Carl Doe, Diana Doe, Eric Doe, Make the Road New York..(Ehrlich, Andrew) (Entered: 02/27/2020)

Feb. 27, 2020

Feb. 27, 2020

RECAP
67

DECLARATION of Brianne Marwaha in Opposition re: 43 MOTION for Preliminary Injunction .. Document filed by Alex Azar, Michael Pompeo, Donald Trump, United States Department of Health & Human Services, United States Department of State. (Attachments: # 1 Declaration of Brianne Marwaha).(Luh, James) (Entered: 02/27/2020)

1 Declaration of Brianne Marwaha

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Feb. 27, 2020

Feb. 27, 2020

PACER

Minute Entry for proceedings held before Judge George B. Daniels: Oral Argument held on 2/28/2020 re: 55 MOTION for Temporary Restraining Order . filed by Alicia Doe, Central American Refugee Center New York, Make the Road New York, Eric Doe, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Carl Doe, African Services Committee, Diana Doe, Brenda Doe, ( Oral Argument set for 3/17/2020 at 10:30 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels.). Plaintiff Counsel: Susan Elizabeth Welber, Brittany Thomas, Joanna Elise Cuevas Ingram, Max Wolson, Susan Joan Cameron, Andrew James Ehrlich; Defense Counsel: James Luh and Court Reporter present (Vega, Elizabeth)

Feb. 28, 2020

Feb. 28, 2020

PACER
68

ORDER MOTION FOR ADMISSION PRO HAC VICE granting 18 Motion for Max S. Wolson to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 3/3/2020) (rj) (Entered: 03/03/2020)

March 3, 2020

March 3, 2020

PACER
69

LETTER addressed to Judge George B. Daniels from Ghita Schwarz dated March 12, 2020 re: Supplemental Authority in Support of Preliminary Injunction. Document filed by African Services Committee, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Central American Refugee Center New York, Brenda Doe, Carl Doe, Diana Doe, Eric Doe, Make the Road New York. (Attachments: # 1 Exhibit Dep't of State FY19 Table of Visa Ineligibilities).(Schwarz, Ghita) (Entered: 03/12/2020)

1 Exhibit Dep't of State FY19 Table of Visa Ineligibilities

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March 12, 2020

March 12, 2020

PACER
70

REPLY MEMORANDUM OF LAW in Support re: 53 MOTION to Dismiss . MOTION to Dismiss for Lack of Jurisdiction (Notice of Motion to Dismiss). . Document filed by Alex Azar, Michael Pompeo, Donald Trump, United States Department of Health & Human Services, United States Department of State..(Luh, James) (Entered: 03/12/2020)

March 12, 2020

March 12, 2020

PACER
71

LETTER MOTION to Continue (Request to Postpone March 17, 2020, Oral Argument on Defendants' Motion to Dismiss in Make the Road New York v. Pompeo, No. 19-cv-11633, or to Conduct Proceedings Telephonically) addressed to Judge George B. Daniels from James C. Luh dated March 15, 2020. Document filed by Alex Azar, Michael Pompeo, Donald Trump, United States Department of Health & Human Services, United States Department of State..(Luh, James) (Entered: 03/15/2020)

March 15, 2020

March 15, 2020

PACER
72

ORDER granting 71 Letter Motion to Continue: The oral argument scheduled for March 17, 2020 is adjourned to May 5, 2020 at 10:00 a.m. (Oral Argument set for 5/5/2020 at 10:00 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 3/16/2020) (jwh) (Entered: 03/16/2020)

March 16, 2020

March 16, 2020

PACER
73

TRANSCRIPT of Proceedings re: CONFERENCE held on 2/21/2020 before Judge George B. Daniels. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300. 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 through PACER. Redaction Request due 5/1/2020. Redacted Transcript Deadline set for 5/11/2020. Release of Transcript Restriction set for 7/9/2020..(McGuirk, Kelly) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
74

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/21/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
75

LETTER addressed to Judge George B. Daniels from Andrew J. Ehrlich dated April 14, 2020 re: Supplemental Authority. Document filed by African Services Committee, Catholic Charities Community Services (Archdiocese of New York), Catholic Legal Immigration Network, Inc., Central American Refugee Center New York, Alicia Doe, Brenda Doe, Carl Doe, Diana Doe, Eric Doe, Make the Road New York. (Attachments: # 1 Exhibit A-Opinion and Order, # 2 Exhibit B-Attorney General's Motion).(Ehrlich, Andrew) (Entered: 04/14/2020)

1 Exhibit A-Opinion and Order

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2 Exhibit B-Attorney General's Motion

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April 14, 2020

April 14, 2020

PACER
76

TRANSCRIPT of Proceedings re: argument held on 2/28/2020 before Judge George B. Daniels. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300. 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 through PACER. Redaction Request due 5/6/2020. Redacted Transcript Deadline set for 5/18/2020. Release of Transcript Restriction set for 7/14/2020..(McGuirk, Kelly) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
77

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 2/28/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
78

LETTER addressed to Judge George B. Daniels from James C. Luh dated April 17, 2020 re: Plaintiffs April 14, 2020, Letter in Make the Road New York v. Pompeo, No. 19-cv-11633. Document filed by Alex Azar, Michael Pompeo, Donald Trump, United States Department of Health & Human Services, United States Department of State..(Luh, James) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER

Case Details

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 19, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Individuals facing deportation, their United States citizen relatives, and nonprofit organizations that assist noncitizens.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Center for Constitutional Rights (CCR)

Legal Services/Legal Aid

National Immigration Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States, Federal

Department of State, Federal

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.

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

None yet

Content of Injunction:

Preliminary relief granted

Issues

General:

Disparate Treatment

Government services

Discrimination-basis:

Immigration status

National origin discrimination

Race discrimination

Race:

Race, unspecified

Benefit Source:

Medicaid

Medicare

Immigration/Border:

Admission - criteria

Deportation - criteria

Family Separation

Status/Classification

Undocumented immigrants - rights and duties

U.S. citizenship - acquiring

Visas - criteria

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern

Hispanic

Other