Case: Mayor and City Council of Baltimore v. U.S. Department of Homeland Security

8:19-cv-02851 | U.S. District Court for the District of Maryland

Filed Date: Sept. 27, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is one of several brought nationwide by States, counties, and nonprofit organizations challenging the Trump administration's revised, final public charge rule, which expands the types of programs that the federal government will consider in public charge determinations to now also include previously excluded health, nutrition, and housing programs. District court judges from across the country granted preliminary injunctions enjoining the government from implementing the public charge…

This case is one of several brought nationwide by States, counties, and nonprofit organizations challenging the Trump administration's revised, final public charge rule, which expands the types of programs that the federal government will consider in public charge determinations to now also include previously excluded health, nutrition, and housing programs. District court judges from across the country granted preliminary injunctions enjoining the government from implementing the public charge rule but after multiple Circuit Courts and the Supreme Court issued stays of these injunctions, the public charge rule was implemented by the government on February 24, 2020. 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.

Maryland Coalition Sues Over the Public Charge Rule

On September 27, 2019, a coalition "comprised by local governments, an elected representative, and a number of non-profit and faith-based agencies providing legal and social services to immigrant populations and their families," filed this suit in the United States District Court for the District of Maryland. Plaintiffs, represented by private counsel and the City of Baltimore Department of Law, 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 declaration that the Department of Homeland Security’s Final Rule (the Rule) violates the Administrative Procedure Act (APA) and the Equal Protection Clause of the Fifth Amendment and an order setting it aside. The plaintiffs also sought injunctive relief enjoining the defendants from implementing and enforcing the Rule. The case was assigned to Judge Peter J. Messitte.

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 (INA) 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, or is deemed likely to receive them in the future, may be found more likely to be a public charge and inadmissible for purposes of a visa or green card application. According to a New York Times article, the new standards would directly affect about 1.2 million applicants annually, primarily immigrants from Africa and Latin America. The rule was initially set to be implemented on October 15, 2019.

The plaintiffs alleged that the Rule was arbitrary and capricious, in violation of the APA, because the defendants failed to provide adequate justification for the change, utilized a "patently inadequate cost-benefit analysis" in promulgating the Rule, and disregarded facts and evidence. The plaintiffs also asserted that the Rule denied the constitutional right to equal protection of the laws because a discriminatory purpose was the motivating factor in promulgating the Rule. Moreover, the plaintiffs contended that the Rule will cause actual suffering by producing a chilling effect that discourages eligible members from utilizing public benefits and requiring plaintiffs to allocate significant resources to combat this chilling effect.

Case is Deferred, Related to Another Case, then Reassigned

On October 15, 2019, Judge Messitte entered an order deferring ruling on the complaint. Judge Messitte considered the nationwide preliminary injunctions enjoining defendants from implementing and enforcing the Rule instituted by district courts in New York (State of New York v. DHS) and Washington (State of Washington v. DHS) and concluded that there was not a "need at present to enter into yet another consideration of the relief sought by Plaintiffs in this case."

On December 3, 2019, the parties filed a joint notice of related case, asserting that the current case is related to (Casa de Maryland v. Trump) and requesting that the case be transferred to Judge Paul J. Grimm for concurrent adjudication. The parties contended that that "the two cases 'arise from the same or identical transaction, happenings, or events,' that they involve identical defendants, and that hearing them separately 'would entail substantial duplication of labor if heard by different judges.'” In that case, Judge Grimm had issued an order for a nationwide preliminary injunction enjoining the defendants from implementing or enforcing the Rule. The cases were ordered related and the current case reassigned to Judge Grimm on December 6.

The plaintiffs filed an amended complaint on January 3, 2020, in which they asserted the same causes of actions, claims for relief, and requests for relief. However, the amended complaint removed the Mayor and City Council of Baltimore as a plaintiff. On the same day, the Mayor and City Council of Baltimore was added as a plaintiff in an amended complaint in Casa de Maryland.

The Supreme Court Stays All Nationwide Injunctions Enjoining Implementation of the Public Charge Rule

On January 27, 2020, the Supreme Court issued orders staying a nationwide injunction in State of New York v. U.S. Department of Homeland Security and an injunction for the State of Illinois in Cook County, Illinois v. Wolf. Following these decisions, the defendants indicated that the Rule would be implemented and enforced starting February 24, 2020.

District Court Stays Discovery Pending Motion to Dismiss

On March 17, 2020, Judge Grimm issued an order granting the defendants' motion to stay "proceedings related to discovery and completion of the administrative record," but ordered the parties to continue with the motion to dismiss briefing.

On May 27, defendants filed a motion to dismiss plaintiffs' complaint. Defendants asserted that the complaint should be dismissed in full "[i]n light of the Supreme Court’s repeated stays of injunction, the Ninth Circuit’s detailed opinion on the Rule’s legality," and because the Rule does not violate the due process or equal protection clauses.

The Fourth Circuit Reverses Judge Grimm's October 15, 2019 Nationwide Preliminary Injunction

On August 5, a split Fourth Circuit panel (Circuit Judges Harvie Wilkinson III, Paul Niemeyer, and Robert King) issued an order and opinion denying the plaintiffs' preliminary injunction from the related case Casa de Maryland v. Trump. 971 F.3d 220. Writing for the majority, Judge Wilkinson held that Casa lacked standing; that the plaintiffs were unlikely to win on the merits of their claims because the Rule was a permissible interpretation of "public charge;" and that a nationwide injunction was an overly broad remedy.

Judge King dissented. Citing a decision of the Seventh Circuit two months prior (962 F.3d 208), he disagreed on all points. He would have held that plaintiffs did have standing; that the plaintiffs were likely to win on the merits because the Rule was not a permissible interpretation of "public charge" given the statute and history; and that a nationwide injunction was an appropriate remedy given the circumstances.

In light of this decision, back in the district court, Judge Grimm back issued an order on August 7, directing the parties to supplement their briefings on the pending motion to dismiss.

The Reversal is Stayed Pending a Rehearing en banc

On September 15, the Fourth Circuit's order was stayed pending ruling on a petition to rehear the case en banc. That petition was granted on December 3, 2020, and oral arguments were scheduled to begin in March 2021.

President Biden Issues Executive Order to Review the Public Charge Rule

On February 2, 2021, President Biden issued an Executive Order calling for DHS to review agency actions related to the implementation of the public charge rule. The parties began conferring to determine how this would impact the litigation.

On March 1, 2021, the District Court denied the government's motion to dismiss without prejudice, noting that the motion would be subject to reinstatement once the administration reviewed the rule.

The Rule is Officially Abandoned and Vacated

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

On March 11, the Fourth Circuit issued an order granting the government's voluntary dismissal of its appeal. That same day, eleven state attorneys general, led by Ken Paxton of Texas, moved to intervene as defendants. They also moved to reconsider the dismissal. They filed similar intervention motions in the Seventh and Ninth Circuits, as well as an emergency application to the Supreme Court to intervene on behalf of the government and stay the judgment from Cook County.

The Fourth Circuit denied the motion to intervene, as well as the motion to reconsider, on March 18.

As of April 15, 2021, the case is ongoing.

Summary Authors

Aaron Gurley (3/19/2020)

Jack Kanarek (4/15/2021)

Related Cases

Casa de Maryland v. Trump, District of Maryland (2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16265682/parties/city-of-gaithersburg-maryland-v-united-states-department-of-homeland/


Judge(s)

Grimm, Paul William (Maryland)

Messitte, Peter Jo (Maryland)

Attorneys(s) for Plaintiff

Davis, Andre Maurice (Maryland)

Goldberg, M Roy (District of Columbia)

Hansen, Christina J (Kansas)

Lane, Dennis (District of Columbia)

Lewis, Jane Hannah (Maryland)

Nagy, Brandon R (District of Columbia)

Reiter, Harvey L (District of Columbia)

Sandler, Joseph Eric (District of Columbia)

Judge(s)

Grimm, Paul William (Maryland)

Messitte, Peter Jo (Maryland)

Attorneys(s) for Plaintiff

Davis, Andre Maurice (Maryland)

Goldberg, M Roy (District of Columbia)

Hansen, Christina J (Kansas)

Lane, Dennis (District of Columbia)

Lewis, Jane Hannah (Maryland)

Nagy, Brandon R (District of Columbia)

Reiter, Harvey L (District of Columbia)

Sandler, Joseph Eric (District of Columbia)

Sangree, Suzanne (Maryland)

Tucci, Michael Edward (District of Columbia)

Attorneys(s) for Defendant

Kolsky, Joshua (District of Columbia)

Lynch, Jason C. (District of Columbia)

Documents in the Clearinghouse

Document

8:19-cv-02851

Docket

Feb. 19, 2021

Feb. 19, 2021

Docket
1

8:19-cv-02851

Complaint for Declaratory and Injunctive Relief

Sept. 27, 2019

Sept. 27, 2019

Complaint
28

8:19-cv-02851

Memorandum

Oct. 15, 2019

Oct. 15, 2019

Order/Opinion
41

8:19-cv-02851

First Amended Complaint for Declaratory and Injunctive Relief

Jan. 3, 2020

Jan. 3, 2020

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16265682/city-of-gaithersburg-maryland-v-united-states-department-of-homeland/

Last updated June 1, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Kenneth T. Cuccinelli, II, KEVIN K. MCALEENAN, United States Citizenship and Immigration Services, United States Department of Homeland Security ( Filing fee $ 400 receipt number 0416-8261971.), filed by Jewish Community Relations Council of Greater Washington, Jeff Waldstreicher, The Jewish Council for Public Affairs, Md. City Of Gaithersburg, Tzedek DC, Friends of Immigrants, MAYOR AND CITY COUNCIL OF BALTIMORE, Immigrant Law Center of Minnesota. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Nagy, Brandon) (Entered: 09/27/2019)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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Sept. 27, 2019

Sept. 27, 2019

RECAP
2

Summons Issued 60 days as to Kenneth T. Cuccinelli, II, Kevin K. McAleenan, United States Citizenship and Immigration Services, United States Department of Homeland Security(dg3s, Deputy Clerk) (Entered: 09/30/2019)

Sept. 30, 2019

Sept. 30, 2019

PACER
3

QC NOTICE: 1 Complaint,, filed by Tzedek DC, Jewish Community Relations Council of Greater Washington, Friends of Immigrants, The Jewish Council for Public Affairs, City of Gaithersburg, Maryland, Mayor and City Council of Baltimore, Jeff Waldstreicher, Immigrant Law Center of Minnesota was filed incorrectly. **The following attachments or exhibits are missing - Summons. Summons were provided for only the named Defendants. If the defendant is either an agency of the United States or an officer or employee of the United States, you must serve both the U.S. Attorney General and the U.S. Attorney for the District of Maryland, as well as each defendant. To correct this problem, file Summons using the event Notice (Other) and link Summons is missing to 1 . (dg3s, Deputy Clerk) (Entered: 09/30/2019)

Sept. 30, 2019

Sept. 30, 2019

PACER
4

NOTICE of Appearance by Suzanne Sangree on behalf of Mayor and City Council of Baltimore (Sangree, Suzanne) (Entered: 10/01/2019)

Oct. 1, 2019

Oct. 1, 2019

PACER
5

NOTICE by City of Gaithersburg, Maryland, Friends of Immigrants, Immigrant Law Center of Minnesota, Jewish Community Relations Council of Greater Washington, Mayor and City Council of Baltimore, The Jewish Council for Public Affairs, Tzedek DC, Jeff Waldstreicher re 1 Complaint,, Amended Civil Cover Sheet (Nagy, Brandon) (Entered: 10/01/2019)

Oct. 1, 2019

Oct. 1, 2019

PACER
6

NOTICE by City of Gaithersburg, Maryland, Friends of Immigrants, Immigrant Law Center of Minnesota, Jewish Community Relations Council of Greater Washington, Mayor and City Council of Baltimore, The Jewish Council for Public Affairs, Tzedek DC, Jeff Waldstreicher re 1 Complaint,, Summons is Missing (Nagy, Brandon) (Entered: 10/01/2019)

Oct. 1, 2019

Oct. 1, 2019

PACER
7

NOTICE by City of Gaithersburg, Maryland, Friends of Immigrants, Immigrant Law Center of Minnesota, Jewish Community Relations Council of Greater Washington, Mayor and City Council of Baltimore, The Jewish Council for Public Affairs, Tzedek DC, Jeff Waldstreicher re 1 Complaint,, Summons is Missing (Nagy, Brandon) (Entered: 10/01/2019)

Oct. 1, 2019

Oct. 1, 2019

PACER
8

Correspondence Correcting Earlier Submission: 5 Notice (Other), Amended Civil Cover Sheet (Sangree, Suzanne) (Entered: 10/01/2019)

Oct. 1, 2019

Oct. 1, 2019

PACER
9

Summons Issued 60 days as to U.S. Attorney and U.S. Attorney General(rss, Deputy Clerk) (Entered: 10/02/2019)

Oct. 2, 2019

Oct. 2, 2019

PACER
10

MEMORANDUM/ORDER to Counsel. Signed by Judge Peter J. Messitte on 10/3/2019. (jf3s, Deputy Clerk) (Entered: 10/07/2019)

Oct. 4, 2019

Oct. 4, 2019

PACER
11

NOTICE of Appearance by M Roy Goldberg on behalf of City of Gaithersburg, Maryland, Friends of Immigrants, Immigrant Law Center of Minnesota, The Jewish Council for Public Affairs, Tzedek DC, Jeff Waldstreicher (Goldberg, M) (Entered: 10/09/2019)

Oct. 9, 2019

Oct. 9, 2019

PACER
12

NOTICE by City of Gaithersburg, Maryland, Friends of Immigrants, Immigrant Law Center of Minnesota, The Jewish Council for Public Affairs, Tzedek DC, Jeff Waldstreicher re 1 Complaint,, Summons is missing (Nagy, Brandon) (Entered: 10/09/2019)

Oct. 9, 2019

Oct. 9, 2019

PACER
13

NOTICE by City of Gaithersburg, Maryland, Friends of Immigrants, Immigrant Law Center of Minnesota, The Jewish Council for Public Affairs, Tzedek DC, Jeff Waldstreicher re 1 Complaint,, Summons is missing (Nagy, Brandon) (Entered: 10/09/2019)

Oct. 9, 2019

Oct. 9, 2019

PACER
14

NOTICE by City of Gaithersburg, Maryland, Friends of Immigrants, Immigrant Law Center of Minnesota, The Jewish Council for Public Affairs, Tzedek DC, Jeff Waldstreicher re 1 Complaint,, Summons is missing (Nagy, Brandon) (Entered: 10/09/2019)

Oct. 9, 2019

Oct. 9, 2019

PACER
15

NOTICE by City of Gaithersburg, Maryland, Friends of Immigrants, Immigrant Law Center of Minnesota, The Jewish Council for Public Affairs, Tzedek DC, Jeff Waldstreicher re 1 Complaint,, Summons is missing (Nagy, Brandon) (Entered: 10/09/2019)

Oct. 9, 2019

Oct. 9, 2019

PACER
16

Correspondence re: Defense Counsel Contact Information (Sangree, Suzanne) (Entered: 10/09/2019)

Oct. 9, 2019

Oct. 9, 2019

PACER
17

MOTION to Appear Pro Hac Vice for Andrew W. Davis (Filing fee $100, receipt number 0416-8284159.) by City of Gaithersburg, Maryland, Friends of Immigrants, Immigrant Law Center of Minnesota, The Jewish Council for Public Affairs, Tzedek DC, Jeff Waldstreicher(Goldberg, M) (Entered: 10/09/2019)

Oct. 9, 2019

Oct. 9, 2019

PACER
18

MOTION to Appear Pro Hac Vice for Christina J. Hansen (Filing fee $100, receipt number 0416-8284161.) by City of Gaithersburg, Maryland, Friends of Immigrants, Immigrant Law Center of Minnesota, The Jewish Council for Public Affairs, Tzedek DC, Jeff Waldstreicher(Goldberg, M) (Entered: 10/09/2019)

Oct. 9, 2019

Oct. 9, 2019

PACER
19

MOTION to Appear Pro Hac Vice for Dennis Lane (Filing fee $100, receipt number 0416-8284163.) by City of Gaithersburg, Maryland, Friends of Immigrants, Immigrant Law Center of Minnesota, The Jewish Council for Public Affairs, Tzedek DC, Jeff Waldstreicher(Goldberg, M) (Entered: 10/09/2019)

Oct. 9, 2019

Oct. 9, 2019

PACER
20

MOTION to Appear Pro Hac Vice for Harvey L. Reiter (Filing fee $100, receipt number 0416-8286414.) by City of Gaithersburg, Maryland, Friends of Immigrants, Immigrant Law Center of Minnesota, The Jewish Council for Public Affairs, Tzedek DC, Jeff Waldstreicher(Goldberg, M) (Entered: 10/10/2019)

Oct. 10, 2019

Oct. 10, 2019

PACER
21

SUMMONS Returned Executed by Jeff Waldstreicher, The Jewish Council for Public Affairs, City of Gaithersburg, Maryland, Tzedek DC, Friends of Immigrants, Immigrant Law Center of Minnesota. All Defendants.(Nagy, Brandon) (Entered: 10/10/2019)

Oct. 10, 2019

Oct. 10, 2019

PACER
22

Summons Issued 60 days as to Kenneth T. Cuccinelli, II, Kevin K. McAleenan, United States Citizenship and Immigration Services and United States Department of Homeland Security. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(jf3s, Deputy Clerk) (Entered: 10/11/2019)

1 Summons

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2 Summons

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3 Summons

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Oct. 11, 2019

Oct. 11, 2019

PACER
23

SUMMONS Returned Executed by Jeff Waldstreicher, The Jewish Council for Public Affairs, City of Gaithersburg, Maryland, Tzedek DC, Friends of Immigrants, Immigrant Law Center of Minnesota. All Defendants.(Nagy, Brandon) (Entered: 10/14/2019)

Oct. 14, 2019

Oct. 14, 2019

PACER
24

PAPERLESS ORDER granting 17 Motion to Appear Pro Hac Vice on behalf of Andrew W Davis. Directing attorney Andrew W Davis to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 10/15/2019. (srd, Deputy Clerk) (Entered: 10/15/2019)

Oct. 15, 2019

Oct. 15, 2019

PACER
25

PAPERLESS ORDER granting 18 Motion to Appear Pro Hac Vice on behalf of Christina J Hansen. Directing attorney Christina J Hansen to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 10/15/2019. (srd, Deputy Clerk) (Entered: 10/15/2019)

Oct. 15, 2019

Oct. 15, 2019

PACER
26

PAPERLESS ORDER granting 19 Motion to Appear Pro Hac Vice on behalf of Dennis Lane. Directing attorney Dennis Lane to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 10/15/2019. (srd, Deputy Clerk) (Entered: 10/15/2019)

Oct. 15, 2019

Oct. 15, 2019

PACER
27

PAPERLESS ORDER granting 20 Motion to Appear Pro Hac Vice on behalf of Harvey L Reiter. Directing attorney Harvey L Reiter to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 10/15/2019. (srd, Deputy Clerk) (Entered: 10/15/2019)

Oct. 15, 2019

Oct. 15, 2019

PACER
28

MEMORANDUM/ORDER deferring ruling re 1 Complaint. Signed by Judge Peter J. Messitte on 10/15/2019. (jf3s, Deputy Clerk) (Entered: 10/15/2019)

Oct. 15, 2019

Oct. 15, 2019

PACER
29

NOTICE of Appearance by Joshua Kolsky on behalf of Kenneth T. Cuccinelli, II, Kevin K. McAleenan, United States Citizenship and Immigration Services, United States Department of Homeland Security (Kolsky, Joshua) (Entered: 10/24/2019)

Oct. 24, 2019

Oct. 24, 2019

PACER
30

NOTICE by Mayor and City Council of Baltimore Regarding Status of Related Cases (Lewis, Jane) (Entered: 11/22/2019)

Nov. 22, 2019

Nov. 22, 2019

PACER
31

NOTICE of Appearance by Jason C Lynch on behalf of All Defendants (Lynch, Jason) (Entered: 11/22/2019)

Nov. 22, 2019

Nov. 22, 2019

PACER
32

NOTICE by Kenneth T. Cuccinelli, II, Kevin K. McAleenan, United States Citizenship and Immigration Services, United States Department of Homeland Security Joint Notice of Related Case (Lynch, Jason) (Entered: 12/03/2019)

Dec. 3, 2019

Dec. 3, 2019

PACER
33

Consent MOTION to Stay Case by Kenneth T. Cuccinelli, II, Kevin K. McAleenan, United States Citizenship and Immigration Services, United States Department of Homeland Security (Attachments: # 1 Text of Proposed Order)(Lynch, Jason) (Entered: 12/06/2019)

1 Text of Proposed Order

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Dec. 6, 2019

Dec. 6, 2019

PACER

Case Reassigned to Judge Paul W. Grimm. Judge Peter J. Messitte no longer assigned to the case. (kns, Deputy Clerk)

Dec. 6, 2019

Dec. 6, 2019

PACER
34

LETTER ORDER Scheduling a Telephone Conference call on December 18, 2019 at 3:30 p.m. Signed by Judge Paul W. Grimm on 12/9/2019. (heps, Deputy Clerk) (Entered: 12/09/2019)

Dec. 9, 2019

Dec. 9, 2019

PACER
35

Letter Order Regarding the Filing of Motions. Signed by Judge Paul W. Grimm on 12/9/2019. (jf3s, Deputy Clerk) (Entered: 12/09/2019)

Dec. 9, 2019

Dec. 9, 2019

RECAP
36

PAPERLESS ORDER ADVISING COUNSEL: The telephone conference on December 18, 2019 WILL BEGIN AT 4:30PM. The conference call number provided in the Court's letter order at ECF No. 86 and ECF No. 35 will be used.. Signed by Judge Paul W. Grimm on 12/9/2019. Associated Cases: 8:19-cv-02715-PWG, 8:19-cv-02851-PWG(ats, Chambers) (Entered: 12/09/2019)

Dec. 9, 2019

Dec. 9, 2019

PACER
37

LETTER ORDER memorializing yesterday's telephone conference and Granting 90 Consent Motion to Modify the Scheduling Order. Signed by Judge Paul W. Grimm on 12/19/2019. Associated Cases: 8:19-cv-02715-PWG, 8:19-cv-02851-PWG(heps, Deputy Clerk) (Entered: 12/19/2019)

Dec. 19, 2019

Dec. 19, 2019

PACER
38

Correspondence re: Response to Motion to Stay in CASA Case (Nagy, Brandon) (Entered: 12/19/2019)

Dec. 19, 2019

Dec. 19, 2019

PACER
39

Status Report Submitted re Joint Proposed Schedule by Kenneth T. Cuccinelli, II, Kevin K. McAleenan, United States Citizenship and Immigration Services, United States Department of Homeland Security (Lynch, Jason) (Entered: 12/20/2019)

Dec. 20, 2019

Dec. 20, 2019

PACER
40

PAPERLESS ORDER APPROVING 39 Status Report and Proposed Schedule. The proposed schedule for the amended complaint, motion to stay briefing, and motion to dismiss briefing is approved. Signed by Judge Paul W. Grimm on 12/20/2019. (pk3s, Chambers) (Entered: 12/20/2019)

Dec. 20, 2019

Dec. 20, 2019

PACER
41

AMENDED COMPLAINT against All Defendants, filed by Jewish Community Relations Council of Greater Washington, Jeff Waldstreicher, The Jewish Council for Public Affairs, City of Gaithersburg, Maryland, Tzedek DC, Friends of Immigrants and Immigrant Law Center of Minnesota.(Nagy, Brandon) Modified on 1/6/2020 (jf3s, Deputy Clerk). (Entered: 01/03/2020)

Jan. 3, 2020

Jan. 3, 2020

PACER
42

NOTICE of Appearance by Brandon R Nagy on behalf of All Plaintiffs (Nagy, Brandon) (Entered: 01/03/2020)

Jan. 3, 2020

Jan. 3, 2020

PACER
43

NOTICE of Appearance by Brandon R Nagy on behalf of All Plaintiffs (Nagy, Brandon) (Entered: 01/03/2020)

Jan. 3, 2020

Jan. 3, 2020

PACER
44

QC NOTICE: 41 Amended Complaint, filed by Tzedek DC, Jewish Community Relations Council of Greater Washington, Friends of Immigrants, The Jewish Council for Public Affairs, City of Gaithersburg, Maryland, Jeff Waldstreicher and Immigrant Law Center of Minnesota was filed without the required redline copy attached **Please file the redline version using the event Notice(Other) and link the redline version to 41 Amended Complaint. (jf3s, Deputy Clerk) Modified on 1/6/2020 (jf3s, Deputy Clerk). (Entered: 01/06/2020)

Jan. 6, 2020

Jan. 6, 2020

PACER
45

NOTICE by City of Gaithersburg, Maryland, Friends of Immigrants, Immigrant Law Center of Minnesota, Jewish Community Relations Council of Greater Washington, The Jewish Council for Public Affairs, Tzedek DC, Jeff Waldstreicher re 41 Amended Complaint, Redline (Nagy, Brandon) (Entered: 01/06/2020)

Jan. 6, 2020

Jan. 6, 2020

PACER
46

MOTION to Withdraw as Attorney by Mayor and City Council of Baltimore (Attachments: # 1 Text of Proposed Order)(Sangree, Suzanne) (Entered: 01/08/2020)

1 Text of Proposed Order

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Jan. 8, 2020

Jan. 8, 2020

PACER
47

PAPERLESS ORDER granting 46 Motion to Withdraw as Attorney. Attorney Suzanne Sangree; Andre M Davis and Jane Hannah Lewis terminated. Signed by Judge Paul W. Grimm on 1/15/2020. (ybs, Deputy Clerk) (Entered: 01/15/2020)

Jan. 15, 2020

Jan. 15, 2020

PACER
48

Request for Conference (Nagy, Brandon) (Entered: 02/27/2020)

Feb. 27, 2020

Feb. 27, 2020

PACER
49

PAPERLESS ORDER GRANTING 48 Request for Conference as follows: the parties in this case may join the telephone conference I scheduled for March 13, 2020 in the related proceedings in 19-cv-2715. I will provide the conference information separately. In the future, the parties in both cases are directed to coordinate any joint requests for conference in advance rather than requesting to join another conference and briefing schedule after it has been established. The Government may file one letter responding to the request for conference in this case and in 19-cv-2715 that is five pages or less, single-spaced, excluding exhibits, by March 6, 2020. Signed by Judge Paul W. Grimm on 2/28/2020. (pk3s, Chambers) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
50

LETTER ORDER scheduling a telephone conference for March 13, 2020 at 11:00 AM. Signed by Judge Paul W. Grimm on 2/28/2020. (jf3s, Deputy Clerk) Modified on 2/28/2020 (jf3s, Deputy Clerk). (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
51

RESPONSE re (100 in 8:19-cv-02715-PWG) Request for Conference, (48 in 8:19-cv-02851-PWG) Request for Conference filed by Kenneth T. Cuccinelli, II, Kevin K. McAleenan, United States Department of Homeland Security, Kenneth T. Cuccinelli, II, Kevin K. McAleenan, Donald J. Trump, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security.Associated Cases: 8:19-cv-02715-PWG, 8:19-cv-02851-PWG(Lynch, Jason) (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

RECAP
52

STATUS REPORT and Joint Proposed Schedule by Kenneth T. Cuccinelli, II, Kevin K. McAleenan, United States Citizenship and Immigration Services, United States Department of Homeland Security, Kenneth T. Cuccinelli, II, Kevin K. McAleenan, Donald J. Trump, U.S. Citizenship and Immigration Services, U.S. Department of Homeland SecurityAssociated Cases: 8:19-cv-02715-PWG, 8:19-cv-02851-PWG(Lynch, Jason) (Entered: 03/16/2020)

March 16, 2020

March 16, 2020

PACER
53

LETTER ORDER Memorializing Telephone Conference; Granting in Part and Denying in Part Motion to Stay cases pending Appeal. Signed by Judge Paul W. Grimm on 3/17/2020. (heps, Deputy Clerk) (Entered: 03/18/2020)

March 18, 2020

March 18, 2020

PACER
54

PAPERLESS ORDER APPROVING 52 Status Report and Proposed Briefing Schedule for CASA de Maryland v. Trump, No. 8:19-cv-02715-PWG and Gaithersburg v. DHS, No. 8:19-cv-02851-PWG as follows: The Government's motion to dismiss in both cases is due by April 8, 2020. The Plaintiffs' consolidated opposition, or separate briefs in opposition, is due by May 6, 2020. The Government's reply brief or briefs are due by May 20, 2020. The Government's brief in support of the motion to dismiss is limited to 35 pages, exclusive of exhibits. The Plaintiffs' brief or briefs in opposition, whether consolidated or filed separately, are limited to a total of 35 pages together, exclusive of exhibits. The Government's brief or briefs in reply, whether consolidated or filed separately, are limited to a total of 20 pages together, exclusive of exhibits. These page limits are in place unless the parties request, and the Court grants, additional pages. Signed by Judge Paul W. Grimm on 3/18/2020. (pk3s, Chambers) (Entered: 03/18/2020)

March 18, 2020

March 18, 2020

PACER
55

STATUS REPORT by City of Gaithersburg, Maryland, Friends of Immigrants, Immigrant Law Center of Minnesota, Jewish Community Relations Council of Greater Washington, The Jewish Council for Public Affairs, Tzedek DC, Jeffrey D. Waldstreicher(Nagy, Brandon) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
56

PAPERLESS ORDER APPROVING 55 Briefing Schedule. Defendants will file a consolidated motion of 35 pages or less to dismiss both cases by May 27, 2020. Plaintiffs will file a consolidated opposition brief of 35 pages or less, or, in the alternative, separate opposition briefs totaling 35 pages or less (provided that Plaintiffs provide notice to Defendants by June 10, 2020) by June 24, 2020. Defendants will file a consolidated reply brief of 20 pages or less, or, in the alternative, separate reply briefs totaling 20 pages or less by July 8, 2020. Signed by Judge Paul W. Grimm on 5/6/2020. (pk3s, Chambers) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
57

MOTION to Dismiss Related Cases by Kenneth T. Cuccinelli, II, Kevin K. McAleenan, United States Citizenship and Immigration Services, United States Department of Homeland Security, Kenneth T. Cuccinelli, II, Kevin K. McAleenan, Donald J. Trump, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security (Attachments: # 1 Memorandum in Support)Associated Cases: 8:19-cv-02715-PWG, 8:19-cv-02851-PWG(Lynch, Jason) (Entered: 05/27/2020)

1 Memorandum in Support

View on PACER

May 27, 2020

May 27, 2020

PACER
58

RESPONSE in Opposition re 57 MOTION to Dismiss Related Cases filed by City of Gaithersburg, Maryland, Friends of Immigrants, Immigrant Law Center of Minnesota, Jewish Community Relations Council of Greater Washington, Mayor and City Council of Baltimore, The Jewish Council for Public Affairs, Tzedek DC, Jeffrey D. Waldstreicher. (Attachments: # 1 Exhibit, # 2 Exhibit)(Nagy, Brandon) (Entered: 06/24/2020)

1 Exhibit

View on PACER

2 Exhibit

View on PACER

June 24, 2020

June 24, 2020

PACER
59

REPLY to Response to Motion re 57 MOTION to Dismiss Related Cases filed by Kenneth T. Cuccinelli, II, Kevin K. McAleenan, United States Citizenship and Immigration Services, United States Department of Homeland Security.(Lynch, Jason) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
60

PAPERLESS ORDER. In light of the Fourth Circuit's judgment in Casa de Maryland et al v. Trump et al, 19-cv-2715, ECF No. 119, the parties in 19-cv-2715 and 19-cv-2851 are directed to supplement their motion to dismiss briefing. The supplements should address the Fourth Circuit's judgment and any other relevant authority that developed after the motion to dismiss briefs were filed. Defendants' consolidated supplement will be due August 21, 2020. Plaintiffs' consolidated response will be due September 4, 2020. Defendants' consolidated reply will be due September 14, 2020. Defendants' supplement and Plaintiffs' response should be 10 pages or less excluding any exhibits. The Defendants' reply should be 5 pages or less excluding any exhibits. Signed by Judge Paul W. Grimm on 8/7/2020. (pk3s, Chambers) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

PACER
61

Memorandum re (116 in 8:19-cv-02715-PWG, 57 in 8:19-cv-02851-PWG) MOTION to Dismiss Related Cases Pursuant to the Court's August 7, 2020, Paperless Order filed by Kenneth T. Cuccinelli, II, Kevin K. McAleenan, United States Citizenship and Immigration Services, United States Department of Homeland Security, Kenneth T. Cuccinelli, II, Kevin K. McAleenan, Donald J. Trump, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security.Associated Cases: 8:19-cv-02715-PWG, 8:19-cv-02851-PWG(Lynch, Jason) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
62

RESPONSE in Opposition re 57 MOTION to Dismiss Related Cases filed by City of Gaithersburg, Maryland, Friends of Immigrants, Immigrant Law Center of Minnesota, Jewish Community Relations Council of Greater Washington, The Jewish Council for Public Affairs, Tzedek DC, Jeffrey D. Waldstreicher.(Nagy, Brandon) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
63

RESPONSE in Support re (116 in 8:19-cv-02715-PWG, 57 in 8:19-cv-02851-PWG) MOTION to Dismiss Related Cases filed by Kenneth T. Cuccinelli, II, Kevin K. McAleenan, United States Citizenship and Immigration Services, United States Department of Homeland Security, Kenneth T. Cuccinelli, II, Kevin K. McAleenan, Donald J. Trump, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security.Associated Cases: 8:19-cv-02715-PWG, 8:19-cv-02851-PWG(Lynch, Jason) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
64

NOTICE by City of Gaithersburg, Maryland, Friends of Immigrants, Immigrant Law Center of Minnesota, Jewish Community Relations Council of Greater Washington, The Jewish Council for Public Affairs, Tzedek DC, Jeffrey D. Waldstreicher Notice of Supplemental Authority (Attachments: # 1 Attachment)(Nagy, Brandon) (Entered: 12/04/2020)

Dec. 4, 2020

Dec. 4, 2020

PACER
65

NOTICE by Kenneth T. Cuccinelli, II, Kevin K. McAleenan, United States Citizenship and Immigration Services, United States Department of Homeland Security, Kenneth T. Cuccinelli, II, Kevin K. McAleenan, Donald J. Trump, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security Associated Cases: 8:19-cv-02715-PWG, 8:19-cv-02851-PWG(Kolsky, Joshua) (Entered: 02/03/2021)

Feb. 3, 2021

Feb. 3, 2021

PACER
66

STATUS REPORT (JOINT) by Kenneth T. Cuccinelli, II, Kevin K. McAleenan, United States Citizenship and Immigration Services, United States Department of Homeland Security, Kenneth T. Cuccinelli, II, Kevin K. McAleenan, Donald J. Trump, U.S. Citizenship and Immigration Services, U.S. Department of Homeland SecurityAssociated Cases: 8:19-cv-02715-PWG, 8:19-cv-02851-PWG(Lynch, Jason) (Entered: 02/19/2021)

Feb. 19, 2021

Feb. 19, 2021

RECAP
67

LETTER ORDER denying without prejudice 57 MOTION to Dismiss Related Cases. Signed by Judge Paul W. Grimm on 3/1/2021. (jf3s, Deputy Clerk) (Entered: 03/01/2021)

March 1, 2021

March 1, 2021

RECAP

Case Details

State / Territory: Maryland

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Key Dates

Filing Date: Sept. 27, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A coalition "comprised by local governments, an elected representative, and a number of non-profit and faith-based agencies providing legal and social services to immigrant populations and their families."

Plaintiff Type(s):

City/County Plaintiff

Non-profit NON-religious organization

Non-profit 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:

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

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None yet

Content of Injunction:

Preliminary relief granted

Issues

General:

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

Discrimination-basis:

Immigration status

Race discrimination

Medical/Mental Health:

Medical care, unspecified

Benefit Source:

Food stamps

Medicaid

Immigration/Border:

Visas - criteria

Visas - procedures

National Origin/Ethnicity:

Hispanic