Case: Cook County, Illinois v. Wolf

1:19-cv-06334 | U.S. District Court for the Northern District of Illinois

Filed Date: Sept. 23, 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 vacating the public charge rule. The Seventh Circuit stayed the order pending appeal and petition for certiorari. In addition, on February 2, 2021, President Biden issued an Executive Order calling for DHS to review agency actions related to the implementation of the public charge rule. A little over a month later on March 9, 2021, DHS officially abandoned the rule and the petitions for certiorari were voluntarily dismissed by the government.

Cook County Sues Over the Public Charge Rule

On September 23, 2019, Cook County, Illinois, and the Illinois Coalition for Immigrant and Refugee Rights, Inc., represented by private counsel, filed this suit in the United States District Court for the Northern District of Illinois. The plaintiffs sued the Department of Homeland Security (DHS) and its acting secretary in his official capacity, and United States Citizenship and Immigration Services (USCIS) and its acting secretary in his official capacity, under the Administrative Procedure Act (APA). The plaintiffs sought relief to declare the Department of Homeland Security’s Final Rule ("the Rule") unlawful and invalid due to violations of the APA and unconstitutional due to violations of the Equal Protection Clause. The plaintiffs also sought to preliminarily and permanently enjoin the Rule from being enforced in the state of Illinois.

On August 14, 2019, the DHS published a revised, final public charge rule, which defines personal circumstances that affect the ability of individuals and their families to successfully enter the U.S. or acquire legal permanent resident status (i.e., get a green card). The final rule increases the types of programs that the federal government will consider in public charge determinations to now also include previously excluded health, nutrition, and housing programs. The Immigration and Nationality Act provides that if an immigration officer finds that a person seeking a visa is likely to become a public charge, that person is “inadmissible.” 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 or green card application. 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 permanent resident status.

The plaintiffs contended that the defendants violated the APA in exceeding their statutory authority by redefining the term "public charge" and contravened existing law by considering public benefits that have been explicitly and repeatedly excluded from public charge determinations. Furthermore, the plaintiffs claimed that that Rule was arbitrary and capricious because defendants failed to justify their departure from settled practice, failed to adequately consider the Rule's varied and extensive harms, and because the Rule's complex rules will lead to arbitrary enforcement. The plaintiffs also argued that the Rule violated the Rehabilitation Act of 1973 by discriminating against people with disabilities and that the Rule violated the Equal Protection Clause of the Fifth Amendment.

Additionally, the plaintiffs asserted that the Rule would have a chilling effect on immigrant communities, "causing individuals to forgo critical public benefits—an impact that will cause devastating, irreparable harm to children, families, and public health in Cook County and throughout Illinois." The plaintiffs argued that immigrant families will disenroll in federal health and assistance programs, leading to adverse health, economic, and productivity results, and placing a heavy burden and strain on County agencies and programs.

The Plaintiffs Seek a Temporary Restraining Order and/or Preliminary Injunction

On September 25, 2019, after originally being assigned to Judge John Robert Blakey, the case was reassigned to Judge Gary Feinerman. On the same day, the plaintiffs filed an emergency motion for temporary restraining order and/or preliminary injunction (PI) or stay. With the Rule set to go in effect on October 15, 2019, the plaintiffs sought immediate injunctive relief or a stay enjoining the defendants from implementing the Rule. The plaintiffs claimed that they were likely to succeed on their claim under the APA, that they would suffer irreparable harm absent immediate injunctive relief, and that the balance of equities and public interest weighed strongly in favor of an immediate injunction or stay to maintain the status quo.

On October 8, 2019, the defendants filed an opposition to the plaintiffs' emergency motion. The defendants argued that the court should deny the motion because the plaintiffs were a governmental entity and a group of organizations serving immigrants, rather than persons actually affected by the rule, and thus cannot meet jurisdictional requirements. The defendants also asserted that the plaintiffs' claims were meritless, that "the Rule accords with the longstanding meaning of 'public charge' and complies with the APA" and that plaintiffs' "disagreements are ultimately with the wisdom of the policy, a judgment allocated to the political branches."

A few days later the defendants filed a supplemental memorandum in opposition to the plaintiffs' emergency motion. On October 11, orders by the United States District Courts for the Southern District of New York and Eastern District of Washington preliminarily enjoined the defendants from implementing the Rule nationwide, including Illinois. The defendants asserted that the plaintiffs could no longer claim that they will suffer irreparable harm absent a PI and thus a PI at this time is inappropriate.

District Court Grants a Preliminary Injunction

Notwithstanding these nationwide PIs, on October 14, 2019, Judge Feinerman granted the plaintiffs' motion and enjoined the defendants from implementing the Rule in the State of Illinois. Judge Feinerman concluded that the plaintiffs were likely to succeed on their claim that the Rule conflicts with the Supreme Court’s formulation of public charge, in violation of the APA. Judge Feinerman further concluded that the plaintiffs have demonstrated irreparable harm in the absence of a PI and that the balance of harms favors the plaintiffs. 417 F.Supp.3d 1008.

Soon after, on October 25, 2019, the defendants filed a motion to stay the PI pending appeal. The defendants argued that they were likely to succeed on appeal and that they would suffer irreparable harm absent a stay from being compelled to grant lawful permanent residence to persons who would likely become a public charge under the Rule. The defendants appealed the PI to the Seventh Circuit on October 30, 2019. Judge Feinerman denied the defendants' motion on November 14, 2019.

On December 23, 2019, a Seventh Circuit panel denied the defendants' motion to stay the PI pending appeal. The Seventh Circuit's decision was in contrast to a Ninth Circuit order staying a nationwide PI, which also enjoined the implementation of the Rule, pending appeal.

Defendants' Motion to Dismiss

Back in the district court, the defendants filed a motion to dismiss for failure to state a claim on January 16, 2020. The defendants argued that in light of a Ninth Circuit opinion concluding that the Rule falls within the defendants' discretion to interpret and implement the meaning of public charge and that the Supreme Court has not set a fixed definition of public charge, the plaintiffs' complaint should be dismissed. Plaintiffs, in opposition to the motion, maintained that the Rule "is inconsistent with the plain meaning of the statutory text, and DHS does not, and cannot, offer justification for this transformation of well-settled law" and will impose significant costs on the plaintiffs.

The Supreme Court Stays All Nationwide Injunctions Enjoining Implementation of the Public Charge Rule, but Not Illinois' Injunction

The Supreme Court weighed in to provide clarity to the several, overlapping PIs enjoining the implementation of the Rule that had been issued across the country. On January 27, 2020, ruling in State of New York v. U.S. Department of Homeland Security, Justice Gorsuch stayed the Southern District of New York's nationwide PI regarding the Rule, concluding that the "routine issuance of universal injunctions is patently unworkable, sowing chaos for litigants, the government, courts, and all those affected by these conflicting decisions." However, the Supreme Court declined to stay the Northern District of Illinois' PI because it applied only to the state of Illinois. 140 S. Ct. 599.

Defendants Renew Efforts to Seek a Stay of the Injunction

Following the Supreme Court's order to stay the nationwide PI, on January 28, 2020, the defendants filed a renewed motion to the Seventh Circuit to stay the district court's PI. The defendants argued that "in light of the Supreme Court's decision holding that a stay pending appeal of injunctions against enforcement of this Rule is appropriate," the Seventh Circuit should issue a stay pending appeal to allow the Rule to go into effect in Illinois. A Seventh Circuit panel denied the renewed motion for stay on February 10, 2020, without issuing an opinion or explanation for its conclusion. Instead, the Seventh Circuit issued an expedited briefing schedule to ensure prompt consideration of the PI.

On February 13, 2020, the defendants filed an application to the Supreme Court for a stay pending appeal. The defendants contended that the Seventh Circuit "stands alone in finding a stay unwarranted;" the Fourth and Ninth Circuits, along with the Supreme Court in an appeal pending in the Second Circuit, stayed "materially identical" PIs. The defendants further asserted that, even though the PI here was distinguishable because it was not nationwide, the Supreme Court indicated in its January 27 order that "challenges to the Rule will be unsuccessful and that even a more limited injunction would impose irreparable harm on the government."

The Supreme Court Stays Illinois' Injunction Pending the Seventh Circuit Ruling and a Writ of Certiorari

On February 21, 2020, the Supreme Court, in a 5-4 decision, granted the defendants' application for stay and issued an order staying the district court's PI pending disposition of the appeal in the Seventh Circuit and disposition on defendants' timely petition for a writ of certiorari. The majority did not file an opinion in support of its decision. Justice Sotomayor, dissenting, concluded that "the Government’s only claimed hardship is that it must enforce an existing interpretation of an immigration rule in one State—just as it has done for the past 20 years—while an updated version of the rule takes effect in the remaining 49," which was not enough to satisfy its "especially heavy burden." 140 S. Ct. 681.

The District Court Denies Defendants' Motion to Dismiss

On May 19, Judge Feinerman issued a memorandum opinion and order denying defendants' motion to dismiss and concluding that plaintiffs are entitled to discovery on its equal protection claim. First, Judge Feinerman denied defendants' claims that plaintiffs "lack standing or fall outside the pertinent zone of interests, that this suit is not ripe, or that the APA claims fail as a matter of law," as the court already addressed those issues in its preliminary injunction opinion. Moreover, Judge Feinerman found that plaintiffs' equal protection claim survived dismissal, as the allegation "that the Final Rule’s disproportionate impact on nonwhite immigrants motivated its promulgation is eminently plausible." Judge Feinerman further concluded that extra-record discovery on plaintiffs' equal protection claim was justified because plaintiffs' made a "strong showing that the Rule was developed and promulgated 'at least in part because of' a substantial and impermissible reason not reflected in the administrative record—the Rule’s disproportionate 'adverse effects upon' nonwhite immigrants."

The Seventh Circuit Affirms the Preliminary Injunction

On June 10, a Seventh Circuit panel (Circuit Judges Diane Wood, Ilana Rovner, and Amy Coney Barrett) issued a ruling affirming the preliminary injunction. 962 F.3d 208. Writing for a 2-1 majority, Judge Wood held that (1) the county had standing to sue; (2) DHS's interpretation of the rule fell outside the boundaries set by the statute; and (3) the public charge rule was likely to be arbitrary and capricious.

Judge Barrett dissented, writing that DHS's interpretation of the public charge rule did not fall outside the boundaries set by the statute. She did not comment on the rule being likely to fail the arbitrary and capricious standard, however, because the district court didn't address it and plaintiffs barely briefed it.

The stay remained, however, as defendants still had the chance to file a petition for a writ of certiorari.

Defendants' Appeal is Denied, as is their Petition to Rehear

In response to the ruling on the motion to dismiss, defendants asked the district court to certify for interlocutory appeal the denial of the motion to dismiss on June 10. Defendants argued that dismissal of plaintiffs' equal protection claim would avoid difficult issues of executive privilege arising from plaintiff's extra-record discovery. On July 14, Judge Feinerman declined to certify the order for interlocutory appeal. He found that, even if plaintiffs' equal protection claim were dismissed, plaintiffs would still be entitled to the same discovery from their APA claims.

On July 27, defendants filed a petition for the Seventh Circuit to rehear their appeal of the preliminary injunction en banc. The Seventh Circuit denied their petition on August 12. On October 7, 2020, defendants filed a petition for writ of certiorari with the Supreme Court.

Public Charge Rule is Vacated Following Plaintiffs' Successful Motion for Summary Judgment on APA Claim

On August 31, plaintiffs moved for summary judgment on the APA claim. Relying on the Seventh Circuit's affirmance of the preliminary injunction, they argued that they should win on the APA claim while the equal protection claim proceeds in court. They further argued that the public charge rule should be vacated as a result. Defendants conceded that plaintiffs were likely to win on the APA claim, but argued that the injunction should only be lifted for the State of Illinois.

On November 2, Judge Feinerman issued an order granting plaintiffs' motion and vacating the public charge rule nationwide. He agreed that the Seventh Circuit had effectively argued the merits of the APA claim, and held vacatur to be an appropriate remedy for a rule that violated the APA.

Order Vacating the Rule is Stayed Pending Appeal and Petition for Certiorari

Immediately after the ruling, defendants moved to stay the district court's vacatur of the public charge rule pending appeal. The Seventh Circuit granted defendants' motion on November 3.

On November 19, the Seventh Circuit further ordered that the appeal of the order would be suspended pending the Supreme Court's resolution of defendants' petition for a writ of certiorari on the preliminary injunction.

The Rule is Officially Abandoned and Vacated

On January 22, 2021, two days after President Biden's inauguration, Judge Feinerman requested a status report from the new defendants addressing whether they plan to pursue their Seventh Circuit appeal or petition for certiorari. The status hearing was originally set for February 8, but was moved to February 26.

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

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

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

Despite the motion to intervene in the Seventh Circuit, on March 12, Judge Feinerman approved a stipulation by both parties to voluntarily dismiss the lawsuit, closing the civil case. The Seventh Circuit then went on to deny the states' motion to intervene 3 days later, on March 15.

As of April 15, 2021, the Public Charge Final Rule has been abandoned and vacated nationwide. The case has been closed in the district court. However, the application by the states to intervene in the Supreme Court remains open.

Summary Authors

Aaron Gurley (2/27/2020)

Jack Kanarek (4/15/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/16236860/parties/cook-county-illinois-v-wolf/


Judge(s)

Barrett, Amy Coney (Indiana)

Feinerman, Gary Scott (Illinois)

Rovner, Ilana Kara Diamond (Illinois)

Sotomayor, Sonia (District of Columbia)

Wood, Diane Pamela (Illinois)

Attorneys(s) for Plaintiff

Arguello, Juan Carlos (Illinois)

Carter, Meghan Patricia (Illinois)

Chapman, Caroline Goodwin (Illinois)

Dashan, Nanshelmun Ruth (Illinois)

Flint, Tacy F. (Illinois)

Judge(s)

Barrett, Amy Coney (Indiana)

Feinerman, Gary Scott (Illinois)

Rovner, Ilana Kara Diamond (Illinois)

Sotomayor, Sonia (District of Columbia)

Wood, Diane Pamela (Illinois)

Attorneys(s) for Plaintiff

Arguello, Juan Carlos (Illinois)

Carter, Meghan Patricia (Illinois)

Chapman, Caroline Goodwin (Illinois)

Dashan, Nanshelmun Ruth (Illinois)

Flint, Tacy F. (Illinois)

Fransisco, Noel J. (District of Columbia)

Gordon, David Andrew (Illinois)

Kearney, Jesse L (Arkansas)

Kovach, Andrea Marie (Illinois)

Levy, Steven A. (Illinois)

Lopez, Militza Marie Pagan (Illinois)

Miller, Lauren Elizabeth (Illinois)

Morrison, David E. (Illinois)

Ono, Takayuki (Illinois)

Ostolaza, Yvette (Texas)

Scheller, Jessica Megan (Illinois)

Svatek, Marlow Elizabeth (Illinois)

Velevis, Robert (Texas)

Walz, Katherine Elizabeth (Illinois)

Wexler, A. Colin (Illinois)

Attorneys(s) for Defendant

Cholera, Kuntal (District of Columbia)

Kolsky, Joshua (District of Columbia)

Lynch, Jason C. (District of Columbia)

Soskin, Eric J. (District of Columbia)

Other Attorney(s)

Aguilar, Diana A. (California)

Brookstein, Mark Douglas (Illinois)

Escoriaza, Phillip A. (District of Columbia)

Hirsch, Rebecca (Illinois)

Kane, Stephen J. (Illinois)

Michael, David N. (Illinois)

Olowski, Lew (Maryland)

Ray, Sarah M. (California)

Roth, Charles G. (Illinois)

Shestokas, David John (Illinois)

Sprague, Charles Ferer (California)

Virgien, Kyle A. (California)

Waters, Edward T. (District of Columbia)

Zubick, Marc N. (Illinois)

Documents in the Clearinghouse

Document

1:19-cv-06334

Docket [PACER]

Feb. 4, 2021

Feb. 4, 2021

Docket
1

1:19-cv-06334

Complaint for Declaratory and Injunctive Relief

Sept. 23, 2019

Sept. 23, 2019

Complaint
86

1:19-cv-06334

Memorandum Opinion and Order

Oct. 14, 2019

Oct. 14, 2019

Order/Opinion

19-00905

Application for a Stay of the Injunction Issued by the United States District Court for the Northern District of Illinois

Wolf v. Cook County, Illinois

Supreme Court of the United States

Feb. 1, 2020

Feb. 1, 2020

Pleading / Motion / Brief

19-00905

On Application for Stay

Wolf v. Cook County, Illinois

Supreme Court of the United States

Feb. 21, 2020

Feb. 21, 2020

Order/Opinion
150

1:19-cv-06334

Memorandum Opinion and Order

May 19, 2020

May 19, 2020

Order/Opinion

0:19-03169

Opinion

U. S. Court of Appeals for the Seventh Circuit

June 10, 2020

June 10, 2020

Order/Opinion
184

1:19-cv-06334

Memorandum Opinion and Order

July 14, 2020

July 14, 2020

Order/Opinion
222

1:19-cv-06334

Memorandum Opinion and Order

Nov. 2, 2020

Nov. 2, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16236860/cook-county-illinois-v-wolf/

Last updated Aug. 28, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF filed by Cook County, Illinois, an Illinois governmental entity, Illinois Coalition for Immigrant and Refugee Rights, Inc.; Jury Demand. Filing fee $ 400, receipt number 0752-16265670.(Morrison, David) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

RECAP
2

CIVIL Cover Sheet (Morrison, David) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
3

ATTORNEY Appearance for Plaintiff Cook County, Illinois, an Illinois governmental entity by David E. Morrison (Morrison, David) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
4

ATTORNEY Appearance for Plaintiff Cook County, Illinois, an Illinois governmental entity by Steven A. Levy (Levy, Steven) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
5

ATTORNEY Appearance for Plaintiff Illinois Coalition for Immigrant and Refugee Rights, Inc. by Caroline Goodwin Chapman (Chapman, Caroline) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
6

ATTORNEY Appearance for Plaintiff Cook County, Illinois, an Illinois governmental entity by A Colin Wexler (Wexler, A) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
7

ATTORNEY Appearance for Plaintiff Cook County, Illinois, an Illinois governmental entity by Takayuki Ono (Ono, Takayuki) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
8

ATTORNEY Appearance for Plaintiff Cook County, Illinois, an Illinois governmental entity by Juan Carlos Arguello (Arguello, Juan) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
9

ATTORNEY Appearance for Plaintiff Illinois Coalition for Immigrant and Refugee Rights, Inc. by David Andrew Gordon (Gordon, David) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
10

ATTORNEY Appearance for Plaintiff Illinois Coalition for Immigrant and Refugee Rights, Inc. by Militza Marie Pagan Lopez ATTORNEY Appearance for Plaintiff Illinois Coalition for Immigrant and Refugee Rights, Inc. by Militza M.Pagan (Pagan Lopez, Militza) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
11

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Illinois Coalition for Immigrant and Refugee Rights, Inc. (Gordon, David) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

RECAP
12

ATTORNEY Appearance for Plaintiff Illinois Coalition for Immigrant and Refugee Rights, Inc. by Tacy Fletcher Flint (Flint, Tacy) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
13

ATTORNEY Appearance for Plaintiff Illinois Coalition for Immigrant and Refugee Rights, Inc. by Katherine Elizabeth Walz (Walz, Katherine) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
14

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16265691. (Ostolaza, Yvette) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
15

ATTORNEY Appearance for Plaintiff Illinois Coalition for Immigrant and Refugee Rights, Inc. by Gavin Michael Kearney (Kearney, Gavin) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
16

ATTORNEY Appearance for Plaintiff Illinois Coalition for Immigrant and Refugee Rights, Inc. by Andrea Marie Kovach (Kovach, Andrea) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
17

ATTORNEY Appearance for Plaintiff Cook County, Illinois, an Illinois governmental entity by Jessica Megan Scheller Office of the Cook County State's Attorney (Scheller, Jessica) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER

CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (lw, )

Sept. 24, 2019

Sept. 24, 2019

PACER

case assigned

Sept. 24, 2019

Sept. 24, 2019

PACER
18

ATTORNEY Appearance for Plaintiff Cook County, Illinois by Lauren Elizabeth Miller (Miller, Lauren) (Entered: 09/24/2019)

Sept. 24, 2019

Sept. 24, 2019

PACER
19

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16266542. (Velevis, Robert) (Entered: 09/24/2019)

Sept. 24, 2019

Sept. 24, 2019

PACER
20

MINUTE entry before the Honorable John Robert Blakey: One of the attorneys appearing in this case served as a law clerk to this Court within the past year. As a result, this Court hereby exercises its discretion under 28 U.S.C. Section 455 and requests that this case be referred to the Executive Committee for reassignment. Mailed notice (gel, ) (Entered: 09/24/2019)

Sept. 24, 2019

Sept. 24, 2019

PACER

SUMMONS Issued as to Kenneth T. Cuccinelli, Kevin K. McAleenan, U.S. Citizenshiup and Immigration Services, U.S. Department of Homeland Security, U.S. Attorney, and U.S. Attorney General (cc, )

Sept. 25, 2019

Sept. 25, 2019

PACER

summons issued as to USA

Sept. 25, 2019

Sept. 25, 2019

PACER
21

ATTORNEY Appearance for Plaintiff Illinois Coalition for Immigrant and Refugee Rights, Inc. by Nanshelmun Ruth Dashan (Dashan, Nanshelmun) (Entered: 09/25/2019)

Sept. 25, 2019

Sept. 25, 2019

PACER
22

EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Gary Feinerman for all further proceedings. Honorable John Robert Blakey no longer assigned to the case. Signed by the Executive Committee on 9/25/2019. (sxb, ) (Entered: 09/25/2019)

Sept. 25, 2019

Sept. 25, 2019

PACER
23

MOTION by Plaintiffs Cook County, Illinois, Illinois Coalition for Immigrant and Refugee Rights, Inc.( PLAINTIFFS' EMERGENCY LOCAL RULE 7.1 MOTION FOR LEAVE TO FILE BRIEF IN EXCESS OF 15 PAGES) (Attachments: # 1 Exhibit 1)(Morrison, David) (Entered: 09/25/2019)

Sept. 25, 2019

Sept. 25, 2019

PACER
24

MOTION by Plaintiffs Cook County, Illinois, Illinois Coalition for Immigrant and Refugee Rights, Inc. for temporary restraining order and/or Preliminary Injunction or Stay Pursuant to 5 U.S.C. ยง 705 (Morrison, David) (Entered: 09/25/2019)

Sept. 25, 2019

Sept. 25, 2019

PACER
25

Plaintiffs' Notice of Emergency Motions NOTICE of Motion by David E. Morrison for presentment of motion for miscellaneous relief, 23, motion for temporary restraining order 24 before Honorable Gary Feinerman on 9/27/2019 at 10:15 AM. (Morrison, David) (Entered: 09/25/2019)

Sept. 25, 2019

Sept. 25, 2019

PACER
26

MINUTE entry before the Honorable Gary Feinerman: Motion for leave to file excess pages 23 is granted, Plaintiffs shall file their memorandum as a separate docket entry. Mailed notice (ags, ) (Entered: 09/26/2019)

Sept. 26, 2019

Sept. 26, 2019

PACER
27

MEMORANDUM by Cook County, Illinois, Illinois Coalition for Immigrant and Refugee Rights, Inc. in support of motion for temporary restraining order 24 (Attachments: # 1 Exhibit 1-6)(Morrison, David) (Entered: 09/26/2019)

1

View on RECAP

Sept. 26, 2019

Sept. 26, 2019

RECAP
28

ATTORNEY Appearance for Defendants Kenneth T. Cuccinelli, Kevin K. McAleenan, U.S. Citizenshiup and Immigration Services, U.S. Department of Homeland Security by Eric J. Soskin (Soskin, Eric) (Entered: 09/27/2019)

Sept. 27, 2019

Sept. 27, 2019

PACER
29

MINUTE entry before the Honorable Gary Feinerman: Motion hearing held on 9/27/2019. Defendant's response to Plaintiffs' emergency motion for temporary restraining order and/or preliminary injunction or stay 24 due by 10/8/2019 at 1:00 p.m. Central Time; Plaintiffs' reply due by 10/10/2019 at 3:00 p.m. Central Time. Amicus briefs in support of Plaintiffs must be filed by 10/3/2019 at 5:00 p.m. Central Time. Amicus brief in support of Defendants must be filed by 10/8/2019 at 1:00 p.m. The court will advise the parties of a motion ruling hearing time in a separate minute order. Mailed notice (cn). (Entered: 09/27/2019)

Sept. 27, 2019

Sept. 27, 2019

PACER
30

MINUTE entry before the Honorable Gary Feinerman:Motions to appear pro hac vice 14 and 19 are granted. Mailed notice. (jlj, ) (Entered: 09/30/2019)

Sept. 30, 2019

Sept. 30, 2019

PACER
31

ATTORNEY Appearance for Amicus Parties American Civil Liberties Union, Center for Public Representation, American Association of People with Disabilities, Association of University Centers on Disabilities, Autistic Self Advocacy Network, Civil Rights Education and Enforcement Center, Coelho Center for Disability Law, Policy and Innovation, Disability Rights Advocates, Disability Rights Education and Defense Fund, Equip for Equality, Judge David L. Bazelon Center for Mental Health Law, Little Lobbyists, Mental Health America, National Association of Councils on Developmental Disabilities, National Council on Independent Living, National Disability Rights Network, National Federation of the Blind, The Arc of the United States, United Spinal Association by Marc N. Zubick (Zubick, Marc) (Entered: 10/02/2019)

Oct. 2, 2019

Oct. 2, 2019

PACER
32

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16297595. (Ray, Sarah) (Entered: 10/02/2019)

Oct. 2, 2019

Oct. 2, 2019

PACER
33

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16297650. (Virgien, Kyle) (Entered: 10/02/2019)

Oct. 2, 2019

Oct. 2, 2019

PACER
34

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16297678. (Aguilar, Diana) (Entered: 10/02/2019)

Oct. 2, 2019

Oct. 2, 2019

PACER
35

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16297704. (Sprague, Charles) (Entered: 10/02/2019)

Oct. 2, 2019

Oct. 2, 2019

PACER
36

Brief of Amici Curiae The American Civil Liberties Union, Center for Public Representation, et al. in Support of Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction by American Association of People with Disabilities, American Civil Liberties Union, Association of University Centers on Disabilities, Autistic Self Advocacy Network, Center for Public Representation, Civil Rights Education and Enforcement Center, Coelho Center for Disability Law, Policy and Innovation, Disability Rights Advocates, Disability Rights Education and Defense Fund, Equip for Equality, Judge David L. Bazelon Center for Mental Health Law, Little Lobbyists, Mental Health America, National Association of Councils on Developmental Disabilities, National Council on Independent Living, National Disability Rights Network, National Federation of the Blind, The Arc of the United States, United Spinal Association (Zubick, Marc) (Entered: 10/02/2019)

Oct. 2, 2019

Oct. 2, 2019

PACER
37

NOTICE by American Association of People with Disabilities, American Civil Liberties Union, Association of University Centers on Disabilities, Autistic Self Advocacy Network, Center for Public Representation, Civil Rights Education and Enforcement Center, Coelho Center for Disability Law, Policy and Innovation, Disability Rights Advocates, Disability Rights Education and Defense Fund, Equip for Equality, Judge David L. Bazelon Center for Mental Health Law, Little Lobbyists, Mental Health America, National Association of Councils on Developmental Disabilities, National Council on Independent Living, National Disability Rights Network, National Federation of the Blind, The Arc of the United States, United Spinal Association re other,,, 36 Brief of Amici Curiae in Support of Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction (Zubick, Marc) (Entered: 10/02/2019)

Oct. 2, 2019

Oct. 2, 2019

RECAP
38

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16299139. (Peterson, Alanna) (Entered: 10/02/2019)

Oct. 2, 2019

Oct. 2, 2019

PACER
39

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16299808. (Lawrence, Paul) (Entered: 10/02/2019)

Oct. 2, 2019

Oct. 2, 2019

PACER
40

MINUTE entry before the Honorable Gary Feinerman:Motions to appear pro hac vice 32, 33, 34, 35, 38 and 39 are granted.Mailed notice. (jlj, ) (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

PACER
41

ATTORNEY Appearance for Amicus PUBLIC HEALTH, HEALTH POLICY, MEDICINE, AND NURSING DEANS, CHAIRS AND SCHOLARS; THE AMERICAN PUBLIC HEALTH ASSOCIATION; AND THE AMERICAN ACADEMY OF NURSING by David N. Michael (Michael, David) (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

PACER
42

ATTORNEY Appearance for Amicus PUBLIC HEALTH, HEALTH POLICY, MEDICINE, AND NURSING DEANS, CHAIRS AND SCHOLARS; THE AMERICAN PUBLIC HEALTH ASSOCIATION; AND THE AMERICAN ACADEMY OF NURSING by Mark Douglas Brookstein (Brookstein, Mark) (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

PACER
43

BRIEF OF AMICI CURIAE IN SUPPORT OF PLAINTIFFS by PUBLIC HEALTH, HEALTH POLICY, MEDICINE, AND NURSING DEANS, CHAIRS AND SCHOLARS; THE AMERICAN PUBLIC HEALTH ASSOCIATION; AND THE AMERICAN ACADEMY OF NURSING (Brookstein, Mark) (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

PACER
44

NOTICE by PUBLIC HEALTH, HEALTH POLICY, MEDICINE, AND NURSING DEANS, CHAIRS AND SCHOLARS; THE AMERICAN PUBLIC HEALTH ASSOCIATION; AND THE AMERICAN ACADEMY OF NURSING re other 43 (Brookstein, Mark) (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

PACER
45

MINUTE entry before the Honorable Gary Feinerman:Hearing on Plaintiffs' emergency motion for temporary restraining order and/or preliminary injunction or stay 24 set for 10/11/2019 at 12:15 p.m. Attorneys who wish to participate by telephone at the hearing should call Toll-Free Number: (877) 336-1828, Access Code: 4082461.Mailed notice. (jlj, ) (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

PACER
46

Enter Notice Concerning Waiver of Judicial Disqualification. Judge Feinerman was a partner at Sidley Austin LLP, counsel for Plaintiff Illinois Coalition for Immigrant and Refugee Rights, Inc., from 2007-2010. He currently has two 401(k) plans and a cash benefit plan from his time at Sidley Austin; all three plans are held through Schwab. As noted by Sections 3.3-2(b) and (b)(2) of the Compendium of Selected Opinions, this results in a circumstance where the judge's impartiality might reasonably be questioned under Canon 3(C)(1), though for which a remittal of disqualification may be entered under Canon 3(D) if the parties unanimously agree. Please note the 10/8/2019 deadline for submitting the remittal letters to the Clerk of Court.Mailed notice.(jlj, ) (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

PACER
47

ATTORNEY Appearance for Amicus Parties API Chaya, ASISTA Immigration Assistance, Arizona Coalition to End Sexual and Domestic Violence, Asian Pacific Institute on Gender-Based Violence, Battered Womens Justice Project, California Coalition Against Sexual Assault, California Partnership to End Domestic Violence, Casa de Esperanza, Delaware Coalition Against Domestic Violence, Idaho Coalition Against Sexual & Domestic Violence, Illinois Accountability Initiative, Illinois Coalition Against Domestic Violence, Iowa Coalition Against Domestic Violence, Kansas Coalition Against Sexual and Domestic Violence, Kentucky Coalition Against Domestic Violence, Legal Momentum, Maine Coalition to End Domestic Violence, Montana Coalition Against Domestic and Sexual Violence, National Alliance to End Sexual Violence, National Coalition Against Domestic Violence, National Council of Jewish Women, National Domestic Violence Hotline, National Network to End Domestic Violence, National Survivor Network, Tahirih Justice Center, Nebraska Coalition to End Sexual and Domestic Violence, Nevada Coalition to End Domestic and Sexual Violence, New Jersey Coalition to End Domestic Violence, Ohio Domestic Violence Network, Rhode Island Coalition Against Domestic Violence, Sexual Violence Law Center, South Carolina Coalition Against Domestic Violence and Sexual Assault, Texas Council on Family Violence, The Massachusetts Coalition Against Sexual Assault and Domestic Violence, The North Carolina Coalition Against Domestic Violence, Vermont Network Against Domestic and Sexual Violence, Violence Free Colorado, Washington Coalition of Sexual Assault Programs, Washington State Coalition Against Domestic Violence by Charles Roth (Roth, Charles) (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

PACER
48

MOTION by Unknown Nonprofit Anti-Domestic Violence and Sexual Assault Organizations for leave to file brief amicus curiae (Attachments: # 1 Exhibit Proposed amicus brief)(Roth, Charles) (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

PACER
49

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16303574. (Waters, Edward) (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

PACER
50

NOTICE of Motion by Charles Roth for presentment of motion for leave to file 48 before Honorable Gary Feinerman on 10/8/2019 at 09:00 AM. (Roth, Charles) (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

PACER
51

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16303636. (Escoriaza, Phillip) (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

PACER
52

ATTORNEY Appearance for Amicus CITY OF CHICAGO CITY OF CHICAGO by Rebecca Alfert Hirsch (Hirsch, Rebecca) (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

PACER
53

Brief of Amici Curiae by CITY OF CHICAGO CITY OF CHICAGO the City of Los Angeles, the City of Oakland, the County of Harris Texas, and 26 other local governments (Hirsch, Rebecca) (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

PACER
54

NOTICE by CITY OF CHICAGO CITY OF CHICAGO re other 53 Notice of Filing (Hirsch, Rebecca) (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

PACER
55

ATTORNEY Appearance for Amicus CITY OF CHICAGO CITY OF CHICAGO by Stephen J Kane (Kane, Stephen) (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

RECAP
56

MINUTE entry before the Honorable Gary Feinerman:Motion for leave to file of Amici Curiae Nonprofit Anti-Domestic Violence and Sexual Assault Organizations in support of Plaintiffs' motion for preliminary injunction 48 is granted. Amicus shall file its amicus brief as a separate docket entry. Motion hearing set for 10/8/2019 50 is stricken. Mailed notice. (jlj, ) (Entered: 10/04/2019)

Oct. 4, 2019

Oct. 4, 2019

PACER
57

MINUTE entry before the Honorable Gary Feinerman:Motions to appear pro hac vice 49 and 51 are granted.Mailed notice. (jlj, ) (Entered: 10/04/2019)

Oct. 4, 2019

Oct. 4, 2019

PACER
58

Amendedfor Phillip A. Escoriaza MOTION by Amicus PUBLIC HEALTH, HEALTH POLICY, MEDICINE, AND NURSING DEANS, CHAIRS AND SCHOLARS; THE AMERICAN PUBLIC HEALTH ASSOCIATION; AND THE AMERICAN ACADEMY OF NURSING for leave to appear as Pro Hac Vice (Filing Fee Paid for Dkt. 51) Amendedfor Phillip A. Escoriaza (Escoriaza, Phillip) (Entered: 10/04/2019)

Oct. 4, 2019

Oct. 4, 2019

PACER
59

SUMMONS Returned Executed by Cook County, Illinois as to U.S. Citizenshiup and Immigration Services served on 9/25/2019, answer due 11/25/2019 (Morrison, David) (Entered: 10/04/2019)

Oct. 4, 2019

Oct. 4, 2019

PACER
60

SUMMONS Returned Executed by Cook County, Illinois as to Kevin K. McAleenan served on 9/25/2019, answer due 11/25/2019 (Morrison, David) (Entered: 10/04/2019)

Oct. 4, 2019

Oct. 4, 2019

PACER
61

SUMMONS Returned Executed by Cook County, Illinois as to Kenneth T. Cuccinelli served on 9/25/2019, answer due 11/25/2019 (Morrison, David) (Entered: 10/04/2019)

Oct. 4, 2019

Oct. 4, 2019

PACER
62

SUMMONS Returned Executed by Cook County, Illinois as to U.S. Department of Homeland Security served on 9/25/2019, answer due 11/25/2019 (Morrison, David) (Entered: 10/04/2019)

Oct. 4, 2019

Oct. 4, 2019

PACER
63

MINUTE entry before the Honorable Gary Feinerman:Motion for leave to appear 58 is granted.Mailed notice. (jlj, ) (Entered: 10/04/2019)

Oct. 4, 2019

Oct. 4, 2019

RECAP
64

TRANSCRIPT OF PROCEEDINGS held on 9/27/19 before the Honorable Gary Feinerman. Order Number: 36270. Court Reporter Contact Information: Frances Ward - (312)435-5561 - wardofficialtranscripts@gmail.com. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/25/2019. Redacted Transcript Deadline set for 11/4/2019. Release of Transcript Restriction set for 1/2/2020. (Ward, Frances) (Entered: 10/04/2019)

Oct. 4, 2019

Oct. 4, 2019

PACER
65

ENTERED in Error. (Roth, Charles) Modified on 10/21/2019 (smm, ). (Entered: 10/04/2019)

Oct. 4, 2019

Oct. 4, 2019

PACER
66

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16310877. (Olowski, Lew) (Entered: 10/07/2019)

Oct. 7, 2019

Oct. 7, 2019

PACER
67

ATTORNEY Appearance for Defendants Kenneth T. Cuccinelli, U.S. Citizenshiup and Immigration Services, U.S. Department of Homeland Security by Joshua Kolsky (Kolsky, Joshua) (Entered: 10/07/2019)

Oct. 7, 2019

Oct. 7, 2019

PACER
68

MEMORANDUM by Nonprofit Anti-Domestic Violence and Sexual Assault Organizations (docket entry corrected) (Roth, Charles) (Entered: 10/07/2019)

Oct. 7, 2019

Oct. 7, 2019

PACER
69

MINUTE entry before the Honorable John Robert Blakey: Lew Olowski's motion for leave to appear pro hac vice 66 granted. Mailed notice (gel, ) (Entered: 10/08/2019)

Oct. 8, 2019

Oct. 8, 2019

RECAP
70

ATTORNEY Appearance for Amicus Immigration Reform Law Institute by Lew Olowski (Olowski, Lew) (Entered: 10/08/2019)

Oct. 8, 2019

Oct. 8, 2019

PACER
71

MOTION by Amicus Immigration Reform Law Institute for leave to file Brief as Amicus Curiae (Attachments: # 1 Exhibit Brief of Amicus Curiae Immigration Reform Law Institute, # 2 Notice of Filing Notice of Filing Motion For Leave To File Brief As Amicus Curiae)(Olowski, Lew) (Entered: 10/08/2019)

1 Exhibit Brief of Amicus Curiae Immigration Reform Law Institute

View on PACER

2 Notice of Filing Notice of Filing Motion For Leave To File Brief As Amicus Curia

View on PACER

Oct. 8, 2019

Oct. 8, 2019

PACER
72

NOTICE of Motion by Lew Olowski for presentment of motion for leave to file, 71 before Honorable Gary Feinerman on 10/8/2019 at 01:00 PM. (Olowski, Lew) (Entered: 10/08/2019)

Oct. 8, 2019

Oct. 8, 2019

PACER
73

MEMORANDUM by Kenneth T. Cuccinelli, Kevin K. McAleenan, U.S. Citizenshiup and Immigration Services, U.S. Department of Homeland Security in Opposition to motion for temporary restraining order 24 (Kolsky, Joshua) (Entered: 10/08/2019)

Oct. 8, 2019

Oct. 8, 2019

RECAP
74

Canon 3D waiver letters. (jlj, ) (Entered: 10/08/2019)

Oct. 8, 2019

Oct. 8, 2019

PACER
75

MINUTE entry before the Honorable Gary Feinerman:Hearing on Plaintiffs' emergency motion for temporary restraining order and/or preliminary injunction or stay 45 set for 10/11/2019 at 12:15 p.m. is re-set for 1:00 p.m. Central Time. Attorneys who wish to participate by telephone at the hearing should call Toll-Free Number: (877) 336-1828, Access Code: 4082461.TIME CHANGE ONLY.Mailed notice. (jlj, ) (Entered: 10/08/2019)

Oct. 8, 2019

Oct. 8, 2019

PACER
76

MINUTE entry before the Honorable Gary Feinerman:Because all parties have submitted Canon 3D remittal letters 74, this case will remain assigned to Judge Feinerman. The Clerk entered the remittal letters on the docket only because all parties submitted them; had any party not submitted a remittal letter, any letter that had been submitted would have been entered on the docket.Mailed notice. (jlj, ) (Entered: 10/08/2019)

Oct. 8, 2019

Oct. 8, 2019

PACER
77

ATTORNEY Appearance for Amicus Immigration Reform Law Institute by David John Shestokas (Shestokas, David) (Entered: 10/08/2019)

Oct. 8, 2019

Oct. 8, 2019

PACER
78

MINUTE entry before the Honorable Gary Feinerman:Motion for leave to file amicus brief 71 is granted. Amicus Immigration Reform Law Institute shall file its amicus brief as a separate docket entry. Motion hearing set for 10/8/2019 72 is stricken.Mailed notice. (jlj, ) (Entered: 10/08/2019)

Oct. 8, 2019

Oct. 8, 2019

PACER
79

Brief of Amicus Curiae by Immigration Reform Law Institute (Olowski, Lew) (Entered: 10/09/2019)

Oct. 9, 2019

Oct. 9, 2019

PACER
80

REPLY by Plaintiff Illinois Coalition for Immigrant and Refugee Rights, Inc. Reply Brief in support of Motion for Temporary Restraining Order and or Preliminary Injunction or Stay (Gordon, David) (Entered: 10/10/2019)

Oct. 10, 2019

Oct. 10, 2019

PACER
81

MINUTE entry before the Honorable Gary Feinerman:Motion hearing on Plaintiffs' emergency motion for temporary restraining order and/or preliminary injunction or stay 24 held. Mailed notice. (jlj, ) (Entered: 10/11/2019)

Oct. 11, 2019

Oct. 11, 2019

PACER
82

MEMORANDUM motion for temporary restraining order 24 by Kenneth T Cuccinelli, Kevin K. McAleenan, U.S. Citizenshiup and Immigration Services, U.S. Department of Homeland Security (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Kolsky, Joshua) (Entered: 10/13/2019)

Oct. 13, 2019

Oct. 13, 2019

PACER
83

Supplemental Brief Regarding Mootness by Illinois Coalition for Immigrant and Refugee Rights, Inc. (Gordon, David) (Entered: 10/13/2019)

Oct. 13, 2019

Oct. 13, 2019

PACER
84

MINUTE entry before the Honorable Gary Feinerman:The 10/8/2019 order 76 is amended to add the word "not" between the words "would" and "have" in its final sentence.Mailed notice. (jlj, ) (Entered: 10/14/2019)

Oct. 14, 2019

Oct. 14, 2019

PACER
85

MINUTE entry before the Honorable Gary Feinerman:For the reasons set forth in the accompanying Memorandum Opinion and Order, Plaintiff's emergency motion for temporary restraining order and/or preliminary injunction or stay 24 is granted. Enter preliminary injunction and stay orderInitial status hearing set for 11/5/2019 at 9:00 a.m. The parties shall file an initial joint status report by 10/30/2019.Mailed notice. (jlj, ) (Entered: 10/14/2019)

Oct. 14, 2019

Oct. 14, 2019

PACER
86

MEMORANDUM Opinion and Order written by the Honorable Gary Feinerman on 10/14/2019.Mailed notice.(jlj, ) (Entered: 10/14/2019)

Oct. 14, 2019

Oct. 14, 2019

RECAP
87

PRELIMINARY INJUNCTION AND STAY ORDER signed by the Honorable Gary Feinerman on 10/14/2019.Mailed notice.(jlj, ) (Entered: 10/14/2019)

Oct. 14, 2019

Oct. 14, 2019

RECAP
106

CORRECTED MEMORANDUM Opinion and Order written by the Honorable Gary Feinerman on 10/14/2019.Mailed notice.(jlj, ) (Entered: 11/15/2019)

Oct. 14, 2019

Oct. 14, 2019

RECAP
88

ATTORNEY Appearance for Plaintiff Illinois Coalition for Immigrant and Refugee Rights, Inc. by Meghan Patricia Carter (Carter, Meghan) (Entered: 10/16/2019)

Oct. 16, 2019

Oct. 16, 2019

PACER
89

NOTICE of Motion by Joshua Kolsky for presentment of before Honorable Gary Feinerman on 10/30/2019 at 09:00 AM. (Kolsky, Joshua) (Entered: 10/25/2019)

Oct. 25, 2019

Oct. 25, 2019

PACER
90

MOTION by Defendants Kenneth T Cuccinelli, Kevin K. McAleenan, U.S. Citizenshiup and Immigration Services, U.S. Department of Homeland Security to stay Preliminary Injunction (Kolsky, Joshua) (Entered: 10/25/2019)

Oct. 25, 2019

Oct. 25, 2019

RECAP
91

MEMORANDUM by Kenneth T Cuccinelli, U.S. Citizenshiup and Immigration Services, U.S. Department of Homeland Security in support of motion to stay 90 (Kolsky, Joshua) (Entered: 10/25/2019)

Oct. 25, 2019

Oct. 25, 2019

PACER
92

DECLARATION of Daniel Renaud regarding motion to stay 90 (Kolsky, Joshua) (Entered: 10/25/2019)

Oct. 25, 2019

Oct. 25, 2019

PACER
93

MINUTE entry before the Honorable Gary Feinerman:Hearing on Defendant's motion for stay of injunction pending appeal 90 set for 10/30/2019 at 9:00 a.m. 89 is re-set for 9:30 a.m. TIME CHANGE ONLY.Mailed notice. (jlj, ) (Entered: 10/29/2019)

Oct. 29, 2019

Oct. 29, 2019

PACER
94

MINUTE entry before the Honorable Gary Feinerman:Motion hearing held. Motion for stay of injunction pending appeal 90 is entered and continued. Plaintiffs' response due by 11/6/2019; Defendants' reply due by 11/11/2019. The 11/5/2019 status hearing 85 is stricken and re-set for 11/14/2019 at 10:00 a.m.Mailed notice. (jlj, ) (Entered: 10/30/2019)

Oct. 30, 2019

Oct. 30, 2019

RECAP
95

STATUS Report (Joint, Initial) by Illinois Coalition for Immigrant and Refugee Rights, Inc. (Gordon, David) (Entered: 10/30/2019)

Oct. 30, 2019

Oct. 30, 2019

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 23, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Cook County, Illinois and Illinois Coalition for Immigrant and Refugee Rights, a group of organizations supporting immigrants and refugees.

Plaintiff Type(s):

City/County Plaintiff

Non-profit NON-religious organization

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. Citizenship and Immigration Services, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2019 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Government services

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

Discrimination-basis:

Disability (inc. reasonable accommodations)

Benefit Source:

Food stamps/SNAP

Medicaid

Immigration/Border:

Visas - criteria