Case: The Regents of the University of California v. U.S. Department of Homeland Security

3:20-cv-04621 | U.S. District Court for the Northern District of California

Filed Date: July 10, 2020

Closed Date: Oct. 6, 2020

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a lawsuit brought by the University of California regents regarding the July 2020 release of ICE regulations which, in effect, meant that students on F-1 visas would risk deportation if their school shifted to online learning. In a different lawsuit filed against the administration over the same July directive, the plaintiffs met with counsel for the government and worked to get the regulations rescinded. In order to effectuate the rescission, ICE removed the guidance …

COVID-19 Summary: This is a lawsuit brought by the University of California regents regarding the July 2020 release of ICE regulations which, in effect, meant that students on F-1 visas would risk deportation if their school shifted to online learning. In a different lawsuit filed against the administration over the same July directive, the plaintiffs met with counsel for the government and worked to get the regulations rescinded. In order to effectuate the rescission, ICE removed the guidance from its website and replaced it with the previous guidance and as a result, plaintiffs withdrew their motion for a preliminary injunction. The plaintiffs in this case continued to monitor the alterations ICE made to its website between July and September and filed a notice of voluntary dismissal on October 6, 2020.


Background

Generally speaking, F-1 visas (colloquially "student visas") can be granted to international students who attend American universities. However, regulations on the granting of these visas limit the amount of online or distance learning the student can engage in. According to these regulations, an international student can engage in only one such class or three credits of that class per semester. 8 C.F.R. § 214.2(f)(6)(i)(G).

The COVID-19 outbreak in early 2020 made this regulation untenable, as schools and universities had to shift to online learning systems. In response, defendant ICE issued an exemption on March 13, 2020, affirming that international students would be permitted to continue distance learning in the United States under their F-1 visas. The exemption would apply until the end of the emergency. However, on July 6, 2020, ICE issued a new directive stating that it would rescind that exemption. This directive would then mean that international students at schools that would still be fully online would have to either transfer to other schools that were at least partially in-person, go back to their countries voluntarily, or risk deportation. The directive also ordered schools that had gone fully online or had simply decided not to have classes to submit an "operational change plan" within nine days, and ordered schools that would have a hybrid system to certify each F-1 student to make sure that they were not taking entirely online courses.

The Lawsuit

In response to the new directive, The Regents of the University of California filed this lawsuit on July 10, 2020. They were represented by private and in-house counsel. The University sued the U.S. Department of Homeland Security and the U.S. Immigration and Customs Enforcement (ICE). Plaintiffs argued that the new directive violated the Administrative Procedure Act (APA) in two ways. First, the directive was arbitrary and capricious. According to the plaintiffs, the directive failed to consider important aspects of the problem. It also did not address the reliance interests of higher education institutions that put resources into devising public health and safety plans for the upcoming year and it lacked any reasonable basis for the shift in policy. Second, the plaintiffs claimed that defendants failed to comply with notice-and-comment rulemaking procedures when they issued the new directive which violated the APA. Plaintiffs sought declaratory relief, an order vacating and setting aside the new directive, an order preventing the defendants from enforcing the the directive, and attorney's fees and costs.

Simultaneously, the plaintiffs submitted an ex parte motion for a temporary restraining order to enjoin the defendants from enforcing the new policy. They also filed a motion to shorten the time for consideration of the temporary restraining order and argued that the court must take immediate action to avoid doing irreparable harm to the academic community. The case was assigned to Judge Jeffrey S. White after plaintiffs decline to proceed before a magistrate judge.

On July 13, the plaintiffs filed a motion for a preliminary injunction. The next day the case was related to State of California v. U.S. Department of Homeland Security and re-assigned to Judge Jon S. Tigar.

On July 14, the parties filed a joint stipulation that stated that because the government agreed to rescind the July directive by removing it from its website and replacing it with the March guidance, California's claims were therefore mooted, and the state agreed to withdraw its motion for a preliminary injunction.

Over the next two months, the plaintiffs continued to monitor the changes ICE made to its website in order to fully effectuate the rescission and submitted status reports to the court.

On October 6, 2020, the plaintiffs filed a notice of voluntary dismissal and the case is now closed.

Summary Authors

Jack Hibbard (7/11/2020)

Chandler Hart-McGonigle (11/29/2020)

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People


Judge(s)

Tigar, Jon Steven (California)

Attorneys(s) for Plaintiff

Chun, Marisa A (California)

Jones, Molly A. (California)

Kuwahara, Emily Tomoko (California)

Lorenzen, Thomas A. (District of Columbia)

Robinson, Charles Furlonge (California)

Romano, Jennifer Salzman (California)

Sanchez, Sonya U. (California)

Wolff, Daniel W (District of Columbia)

Woodall, Allison M. (California)

Judge(s)

Tigar, Jon Steven (California)

Attorneys(s) for Plaintiff

Chun, Marisa A (California)

Jones, Molly A. (California)

Kuwahara, Emily Tomoko (California)

Lorenzen, Thomas A. (District of Columbia)

Robinson, Charles Furlonge (California)

Romano, Jennifer Salzman (California)

Sanchez, Sonya U. (California)

Wolff, Daniel W (District of Columbia)

Woodall, Allison M. (California)

Wu, Margaret Louisa (California)

Attorneys(s) for Defendant

Kurlan, Elizabeth D. (California)

Winslow, Sara (California)

Expert/Monitor/Master

Byington, Carrie L. (California)

Documents in the Clearinghouse

Document

3:20-cv-04621

Docket [PACER]

Oct. 6, 2020

Oct. 6, 2020

Docket
5

3:20-cv-04621

Plaintiff the Regents of the University of California's Ex Parte Motion for Order Shortening Time Re: Motion for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction; Declaration of Jennifer S. Romano in Support Thereof

The Regents of the University of California v. United States Department of Homeland Security

July 10, 2020

July 10, 2020

Pleading / Motion / Brief
4-1 to 4-4, 4-7 to 4-9, & 4-11

3:20-cv-04621

Plaintiff's Ex Parte Motion for Temporary Restraining Order; Memorandum of Points and Authorities in Support Thereof

The Regents of the University of California v. United States Department of Homeland Security

July 10, 2020

July 10, 2020

Pleading / Motion / Brief
5 & 5-1

3:20-cv-04621

Plaintiff The Regents of the University of California's Ex Parte Motion for Order Shortening Time Re: Motion for Temporary Restraining Order and Order to show Cause Re: Preliminary Injunction; Declaration of Jennifer S. Romano in Support Thereof

The Regents of the University of California v. United States Department of Homeland Security

July 10, 2020

July 10, 2020

Pleading / Motion / Brief
14

3:20-cv-04621

Plaintiff's Motion for Preliminary Injunction: Memorandum of Points and Authorities in Support Thereof

The Regents of the University of California v. United States Department of Homeland Security

July 13, 2020

July 13, 2020

Pleading / Motion / Brief

Resources

Docket

Last updated June 1, 2022, 3:22 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against The Regents of the University of California ( Filing fee $ 400, receipt number 0971-14680182.). Filed byThe Regents of the University of California. (Attachments: # 1 Civil Cover Sheet)(Romano, Jennifer) (Filed on 7/10/2020) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

2

Proposed Summons. (Romano, Jennifer) (Filed on 7/10/2020) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

3

Corporate Disclosure Statement by The Regents of the University of California (Federal Rule of Civil Procedure 7.1 Disclosure Statement and Local Rule 3-15 Certification of Interested Entities or Persons) (Romano, Jennifer) (Filed on 7/10/2020) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

4

Ex Parte Application (Plaintiff's Ex Parte Motion for Temporary Restraining Order) filed by The Regents of the University of California. (Attachments: # 1 Declaration of Alcocer, # 2 Declaration of Beck, # 3 Declaration of Byington, # 4 Declaration of Christ, # 5 Exhibit A to Christ Declaration, # 6 Exhibit B to Christ Declaration, # 7 Declaration of Deas, # 8 Declaration of Schooley, # 9 Declaration of Wakimoto, # 10 Exhibit A to Plaintiff's Ex Parte Application for TRO, # 11 Proposed Order Granting Plaintiff TRO and Order to Show Cause)(Romano, Jennifer) (Filed on 7/10/2020) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

5

MOTION to Shorten Time (Plaintiff The Regents of The University of Californias Ex Parte Motion for Order Shortening Time Re: Motion For Temporary Restraining Order and Order To Show Cause Re: Preliminary Injunction) filed by The Regents of the University of California. (Attachments: # 1 Proposed Order Granting Plaintiff Motion for Order Shortening Time)(Romano, Jennifer) (Filed on 7/10/2020) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

6

Case assigned to Magistrate Judge Joseph C. Spero. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 7/27/2020. (anjS, COURT STAFF) (Filed on 7/13/2020) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

7

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by The Regents of the University of California.. (Romano, Jennifer) (Filed on 7/13/2020) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

8

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/2/2020. Initial Case Management Conference set for 10/9/2020 02:00 PM. (mclS, COURT STAFF) (Filed on 7/13/2020) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

9

Summons Issued as to Matthew Albence, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Chad F. Wolf.(mclS, COURT STAFF) (Filed on 7/13/2020) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

10

CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (klhS, COURT STAFF) (Filed on 7/13/2020) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

11

ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jeffrey S. White for all further proceedings. Magistrate Judge Joseph C. Spero no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 7/13/20. (Attachments: # 1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 7/13/2020) (Entered: 07/13/2020) 12 ORDER GRANTING 5 Motion to Shorten Time and Setting Briefing Schedule and Hearing on Motion For Temporary Restraining Order and Order To Show Cause Re: Preliminary Injunction. Plaintiff to serve Defendants with Order. Responses due 12:00 by 7/17/2020. Replies due by 2:00 p.m. 7/20/2020. Motion Hearing set for 7/24/2020 09:00 AM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. Signed by Judge Jeffrey S. White on July 13, 2020. (jswlc3S, COURT STAFF) (Filed on 7/13/2020) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

13 Notice of Pendency of Other Action or Proceeding by The Regents of the University of California. (Romano, Jennifer) (Filed on 7/13/2020) Modified on 7/14/2020 (cjlS, COURT STAFF). (Entered: 07/13/2020)

14 MOTION for Preliminary Injunction filed by The Regents of the University of California. Motion Hearing set for 7/22/2020 02:00 PM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. Responses due by 7/16/2020. Replies due by 7/20/2020. (Attachments: # 1 Declaration of Doe No. 1, # 2 Declaration of Doe No. 2, # 3 Declaration of Doe No. 3, # 4 Declaration of Doe No. 4, # 5 Declaration of Iyengar, # 6 Plaintiff RJN iso Motion for Preliminary Injunction, # 7 Exhibit A - RJN, # 8 Exhibit B - RJN, # 9 Exhibit C - RJN, # 10 Exhibit D - RJN, # 11 Exhibit E - RJN, # 12 Exhibit F - RJN, # 13 Exhibit G - RJN, # 14 Proposed Order Granting Plaintiff's Motion for Preliminary Injunction)(Romano, Jennifer) (Filed on 7/13/2020) (Entered: 07/13/2020)

15 MOTION to Shorten Time Plaintiff The Regents of The University of California's Administrative Motion for Order Shortening Time Re: Motion For Preliminary Injunction filed by The Regents of the University of California. (Attachments: # 1 Proposed Order Granting Plaintiff Motion to Shorten Time)(Romano, Jennifer) (Filed on 7/13/2020) (Entered: 07/13/2020)

16 ADMINISTRATIVE MOTION for Doe Nos. 1-4 to Proceed Under Pseudonym filed by The Regents of the University of California. Responses due by 7/17/2020. (Attachments: # 1 Proposed Order Granting Plaintiff Motion for Doe Nos. 1-4 to Proceed Under Pseudonym)(Romano, Jennifer) (Filed on 7/13/2020) (Entered: 07/13/2020)

17 CERTIFICATE OF SERVICE by The Regents of the University of California re 14 MOTION for Preliminary Injunction (Romano, Jennifer) (Filed on 7/14/2020) (Entered: 07/14/2020)

18 ORDER RELATING CASE 20-cv-04621-JSW to 20-cv-04592-JST. Signed by Judge Jon S. Tigar on July 14, 2020. (mllS, COURT STAFF) (Filed on 7/14/2020) (Entered: 07/14/2020)

19 ORDER SETTING BRIEFING AND HEARING SCHEDULE ON PLAINTIFFS MOTIONS FOR PRELIMINARY INJUNCTION. Responses due by 7/16/2020. Replies due by 7/20/2020. Motion Hearing set for 7/24/2020 10:00 AM before Judge Jon S. Tigar. Signed by Judge Jon S. Tigar on July 14, 2020. (mllS, COURT STAFF) (Filed on 7/14/2020) (Entered: 07/14/2020)

20 Plaintiff's Notice of Service of Orders by The Regents of the University of California. (Attachments: # 1 Exhibit A)(Chun, A.) (Filed on 7/14/2020) Modified on 7/15/2020 (cjlS, COURT STAFF). (Entered: 07/14/2020)

21 STIPULATION WITH PROPOSED ORDER filed by Matthew Albence, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Chad F. Wolf, The Regents of the University of California. (Winslow, Sara) (Filed on 7/14/2020) Modified on 7/15/2020 (cjlS, COURT STAFF). (Entered: 07/14/2020)

https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?302794769669202-L_1_0-1 22 ORDER by Judge Jon S. Tigar granting (16) Stipulation in case 4:20-cv-04592- JST; granting (21) Stipulation in case 4:20-cv-04621-JSW. (mllS, COURT STAFF) (Filed on 7/15/2020) (Entered: 07/15/2020)

Set Deadlines/Hearings: Status Report due by 7/21/2020. (mllS, COURT STAFF) (Filed on 7/15/2020) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

23

ORDER REASSIGNING CASE. Case reassigned to Judge Jon S. Tigar for all further proceedings. Judge Jeffrey S. White no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by the Clerk on 7/15/2020. (Attachments: # 1 Notice of Eligibility for Video Recording) (ajsS, COURT STAFF) (Filed on 7/15/2020) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

24

ORDER REQUIRING JOINT STATUS REPORT BY AUGUST 4, 2020 re (18 in 4:20-cv-04592-JST) Status Report filed by U.S. Department of Homeland Security, State of California, U.S. Immigration and Customs Enforcement, Chad F. Wolf, Matthew Albence. Status Report due by 8/4/2020. Signed by Judge Jon S. Tigar on July 23, 2020. (mllS, COURT STAFF) (Filed on 7/23/2020) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

25

JOINT STATUS REPORT by The Regents of the University of California, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Chad F. Wolf and Matthew Albence. (Attachments: # 1 Proposed Order)(Romano, Jennifer) (Filed on 8/4/2020) Modified on 8/5/2020 (jmlS, COURT STAFF). (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

Electronic filing error. REMINDER TO COUNSEL: In the future, please be sure that the case number is correctly reflected on your documents as 4 :20-cv-04621-JST. Re:[2 5] Status Report filed by The Regents of the University of California (jmlS, COURT STAFF) (Filed on 8/4/2020) (Entered: 08/05/2020)

Aug. 4, 2020

Aug. 4, 2020

26

ORDER REQUIRING JOINT STATUS REPORT BY SEPTEMBER 4, 2020 AND EXTENDING DEFENDANTS' RESPONSE DEADLINE. Responses due by 10/13/2020. Status Report due by 9/4/2020. Signed by Judge Jon S. Tigar on August 6, 2020. (mllS, COURT STAFF) (Filed on 8/6/2020) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

27

JOINT STATUS REPORT by The Regents of the University of California, U.S. Department of Homeland Security, State of California, U.S. Immigration and Customs Enforcement, Chad F. Wolf and Matthew Albence. (Attachments: # 1 Proposed Order) (Romano, Jennifer) (Filed on 9/4/2020) Modified on 9/8/2020 (jmlS, COURT STAFF). (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

28

ORDER REGARDING SEPTEMBER 4 STATUS REPORT. Case Management Statement due by 10/6/2020.. Signed by Judge Jon S. Tigar on September 9, 2020. (mllS, COURT STAFF) (Filed on 9/9/2020) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

Set Deadlines/Hearings: Further Case Management Conference set for 10/13/2020 02:00 PM in Oakland, Courtroom 6, 2nd Floor. (mllS, COURT STAFF) (Filed on 9/9/2020) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

29

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Romano, Jennifer) (Filed on 9/22/2020) (Entered: 09/22/2020)

Sept. 22, 2020

Sept. 22, 2020

30

NOTICE of Appearance by Elizabeth Kurlan for Defendants (Kurlan, Elizabeth) (Filed on 9/23/2020) (Entered: 09/23/2020)

Sept. 23, 2020

Sept. 23, 2020

31

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Kurlan, Elizabeth) (Filed on 9/23/2020) (Entered: 09/23/2020)

Sept. 23, 2020

Sept. 23, 2020

32

NOTICE of Voluntary Dismissal Without Prejudice by The Regents of the University of

Oct. 6, 2020

Oct. 6, 2020

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: July 10, 2020

Closing Date: Oct. 6, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Regents of University of California

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of Homeland Security, Federal

United States Immigration and Customs Enforcement, Federal

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

School/University Facilities

School/University policies

COVID-19:

Mitigation Denied

Mitigation Requested

Immigration/Border:

Admission - criteria

Admission - procedure

Deportation - criteria

Deportation - procedure

Visas - criteria

Visas - procedures