Case: State of California v. U.S. Department of Homeland Security

4:20-cv-04592 | U.S. District Court for the Northern District of California

Filed Date: July 9, 2020

Closed Date: Oct. 19, 2020

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a lawsuit brought by the State of California 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over the same July directive, plaintiffs met with counsel for the government and worked to get the regulations rescinded.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 …

COVID-19 Summary: This is a lawsuit brought by the State of California 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over the same July directive, plaintiffs met with counsel for the government and worked to get the regulations rescinded.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. California continued to monitor the alterations ICE made to its website between July and September and filed a notice of voluntary dismissal on October 19, 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

On July 9, three days after the directive was issued, the State of California filed this lawsuit against the U.S. Department of Homeland Security (DHS) and the U.S. Immigration and Customs Enforcement (ICE) in the U.S. District Court for the Northern District of California. The complaint alleged two violations of the Administrative Procedure Act (APA). First, it argued that the directive was arbitrary and capricious because: 1) the defendants gave no explanation for the sudden shift in policy; 2) defendants relied on factors Congress did not intend for them to rely on in making the shift; 3) defendants failed to consider the reliance interests of students and universities after they had issued the original exemption; and 4) defendants failed to provide any cogent explanation for the shift in policy. Second, the state alleged that defendants did not go through proper notice-and-comment rulemaking processes when they issued the new directive.

The State of California sought declaratory relief that would call the new directive illegal, an order setting aside the July directive, and injunctive relief that would force defendants to reinforce the original March 13 exemption.

California declined to have a magistrate judge conduct the proceedings. The next day, July 10, the case was assigned to Judge Jon S. Tigar.

On July 13, California submitted a motion requesting a preliminary injunction. The proposed injunction would prohibit the government from acting on the new directive.

Also on July 13, Regents of the University of California filed a motion to relate the case to the case they had filed in the U.S. District Court for the Northern District of California three days prior. Judge Tigar found that the cases are related and reassigned the suit by University of California (which was filed after this suit by the state of California) to himself on July 14.

Meanwhile, in a different lawsuit filed against the administration over the same directive, President and Fellows of Harvard College, the parties conferred and the defendants agreed to rescind their implementation of the directive and to return to the March policy.

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 13, 2020 the government filed a motion to dismiss and on October 19, California filed a notice of voluntary dismissal.

Summary Authors

Jack Hibbard (7/14/2020)

Chandler Hart-McGonigle (11/29/2020)

Related Cases

President and Fellows of Harvard College v. U.S. Department of Homeland Security, District of Massachusetts (2020)

The Regents of the University of California v. U.S. Department of Homeland Security, Northern District of California (2020)

State of Washington v. United States Department of Homeland Security, Western District of Washington (2020)

Z.W. v. U.S. Department of Homeland Security, Central District of California (2020)

Johns Hopkins University v. U.S. Department of Homeland Security, District of Columbia (2020)

University of Oregon v. United States Department of Homeland Security, District of Oregon (2020)

Commonwealth of Massachusetts et al v. United States Department of Homeland Security, District of Massachusetts (2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17337766/parties/state-of-california-v-us-department-of-homeland-security/


Judge(s)

Tigar, Jon Steven (California)

Attorneys(s) for Plaintiff

Alcaraz, Domonique Celeste (California)

Becerra, Xavier (California)

Malouff, Marissa (California)

Newman, Michael L. (California)

Sherman, Lee Isaac (California)

Singh, Jasleen K (California)

Attorneys(s) for Defendant

Anderson, David Lloyd (California)

Kurlan, Elizabeth D. (California)

Winslow, Sara (California)

Judge(s)

Tigar, Jon Steven (California)

Attorneys(s) for Plaintiff

Alcaraz, Domonique Celeste (California)

Becerra, Xavier (California)

Malouff, Marissa (California)

Newman, Michael L. (California)

Sherman, Lee Isaac (California)

Singh, Jasleen K (California)

Attorneys(s) for Defendant

Anderson, David Lloyd (California)

Kurlan, Elizabeth D. (California)

Winslow, Sara (California)

Other Attorney(s)

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)

Documents in the Clearinghouse

Document

4:20-cv-04592

Docket [PACER]

Oct. 19, 2020

Oct. 19, 2020

Docket
1

4:20-cv-04592

Complaint for Declaratory and Injunctive Relief

State of California v. United States Department of Homeland Security

July 9, 2020

July 9, 2020

Complaint
12, 12-1

4:20-cv-04592

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

State of California v. United States Department of Homeland Security

July 13, 2020

July 13, 2020

Pleading / Motion / Brief
10, 10-1

4:20-cv-04592

The Regents of the University of California's Administrative Motion to Consider Whether Cases Should Be Related

State of California v. United States Department of Homeland Security

July 13, 2020

July 13, 2020

Pleading / Motion / Brief
14

4:20-cv-04592

20-cv-04621

Related Case Order

July 14, 2020

July 14, 2020

Order/Opinion
23

4:20-cv-04592

Joint Status Report

State of California v. Department of Homeland Security

Sept. 4, 2020

Sept. 4, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17337766/state-of-california-v-us-department-of-homeland-security/

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

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief against Matthew Albence, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Chad F. Wolf ( Filing fee $ 400, receipt number 0971-14675508.). Filed byState of California. (Attachments: # 1 Civil Cover Sheet)(Malouff, Marissa) (Filed on 7/9/2020) (Entered: 07/09/2020)

1 Civil Cover Sheet

View on PACER

July 9, 2020

July 9, 2020

RECAP
2

Proposed Summons. (Malouff, Marissa) (Filed on 7/9/2020) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

RECAP
3

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by State of California.. (Malouff, Marissa) (Filed on 7/9/2020) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

RECAP
4

NOTICE of Appearance by Jasleen Kaur Singh (Singh, Jasleen) (Filed on 7/9/2020) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
5

NOTICE of Appearance by Lee Isaac Sherman (Sherman, Lee) (Filed on 7/10/2020) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
6

Case assigned to Judge Jon S. Tigar. 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. (anjS, COURT STAFF) (Filed on 7/10/2020) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
7

NOTICE of Appearance by Domonique C Alcaraz (Alcaraz, Domonique) (Filed on 7/10/2020) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER

~Util - Case Assigned by Intake

July 10, 2020

July 10, 2020

PACER
8

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

July 13, 2020

July 13, 2020

PACER
9

Initial Case Management Scheduling Order with ADR Deadlines: Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Case Management Statement due by 10/6/2020. Initial Case Management Conference set for 10/13/2020 02:00 PM in Oakland, Courtroom 6, 2nd Floor. (Attachments: # 1 Notice of Eligibility for Video Recording)(jmlS, COURT STAFF) (Filed on 7/13/2020) (Entered: 07/13/2020)

1 Notice of Eligibility for Video Recording

View on PACER

July 13, 2020

July 13, 2020

PACER
10

MOTION to Relate Case (The Regents of The University of California's Administrative Motion to Consider Whether Cases Should Be Related) filed by The Regents of the University of California. (Attachments: # 1 Stipulation and [Proposed] Order Granting Adm Motion to Relate Cases)(Romano, Jennifer) (Filed on 7/13/2020) (Entered: 07/13/2020)

1 Stipulation and [Proposed] Order Granting Adm Motion to Relate Cases

View on PACER

July 13, 2020

July 13, 2020

RECAP
11

STIPULATION WITH PROPOSED ORDER re Request to Establish Briefing and Hearing Schedule filed by State of California, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Chad F. Wolf, The Regents of the University of California and Matthew Albence. (Sherman, Lee) (Filed on 7/13/2020) Modified on 7/14/2020 (jmlS, COURT STAFF). (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
12

MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof filed by State of California. Motion Hearing set for 8/19/2020 02:00 PM in Oakland, Courtroom 6, 2nd Floor before Judge Jon S. Tigar. Responses due by 7/27/2020. Replies due by 8/3/2020. (Attachments: # 1 Proposed Order, # 2 Request for Judicial Notice, # 3 Appendix A-N)(Malouff, Marissa) (Filed on 7/13/2020) (Entered: 07/13/2020)

1 Proposed Order

View on PACER

2 Request for Judicial Notice

View on RECAP

3 Appendix A-N

View on RECAP

July 13, 2020

July 13, 2020

RECAP
13

CERTIFICATE OF SERVICE by State of California (Malouff, Marissa) (Filed on 7/14/2020) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

RECAP
14

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)

July 14, 2020

July 14, 2020

RECAP
15

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)

July 14, 2020

July 14, 2020

RECAP
16

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

July 14, 2020

July 14, 2020

RECAP
17

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)

July 15, 2020

July 15, 2020

RECAP

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

July 15, 2020

July 15, 2020

PACER

Set Deadlines/Hearings

July 15, 2020

July 15, 2020

PACER
18

Joint STATUS REPORT by State of California and Defendants. (Malouff, Marissa) (Filed on 7/21/2020) Modified on 7/22/2020 (jmlS, COURT STAFF). (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

RECAP
19

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

PACER
20

CERTIFICATE OF SERVICE by State of California (Sherman, Lee) (Filed on 7/27/2020) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

RECAP
21

Joint STATUS REPORT by State of California, 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)(Malouff, Marissa) (Filed on 8/4/2020) Modified on 8/5/2020 (jmlS, COURT STAFF). (Entered: 08/04/2020)

1 Proposed Order

View on PACER

Aug. 4, 2020

Aug. 4, 2020

PACER
22

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

PACER
23

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

1 Proposed Order

View on PACER

Sept. 4, 2020

Sept. 4, 2020

RECAP
24

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

PACER
25

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

Sept. 22, 2020

Sept. 22, 2020

PACER
26

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

PACER
27

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

PACER
28

JOINT CASE MANAGEMENT STATEMENT filed by State of California, Chad F. Wolf, U.S. Immigration and Customs Enforcement, U.S. Department of Homeland Security, Matthew Albence. (Malouff, Marissa) (Filed on 10/6/2020) Modified on 10/7/2020 (jlmS, COURT STAFF). (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

PACER
29

CLERKS NOTICE SETTING ZOOM HEARING. Initial Case Management Conference set for 10/13/2020 02:00 PM. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jst Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making a n appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing must be sent to in one email the CRD at JSTCRD@cand.uscourts.gov no later than October 9, 2020 by 4:00 p.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Initial Case Management Conference set for 10/13/2020 02:00 PM. (This is a text-only en try generated by the court. There is no document associated with this entry.) (mllS, COURT STAFF) (Filed on 10/8/2020) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

PACER

Clerk's Notice Setting Zoom Hearing

Oct. 9, 2020

Oct. 9, 2020

PACER
30

Minute Entry for proceedings held before Judge Jon S. Tigar: Initial Case Management Conference held on 10/13/2020. Hearing held via Zoom videoconference. Case Management Statement due by 1/12/2021. Further Case Management Conference set for 1/19/2021 02:00 PM by Videoconference.Total Time in Court: 6 minutes. Court Reporter: Not reported. Plaintiff Attorney: Marissa Malouff. Defendant Attorney: Elizabeth D. Kurlan. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mllS, COURT STAFF) (Date Filed: 10/13/2020) (Entered: 10/13/2020)

Oct. 13, 2020

Oct. 13, 2020

PACER
31

MOTION to Dismiss filed by Matthew Albence, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Chad F. Wolf. Responses due by 10/27/2020. Replies due by 11/3/2020. (Attachments: # 1 Exhibit Z.W. v. DHS, No. 20-cv-1220 (C.D. Cal. Oct. 1, 2020) slip opinion)(Kurlan, Elizabeth) (Filed on 10/13/2020) (Entered: 10/13/2020)

1 Exhibit Z.W. v. DHS, No. 20-cv-1220 (C.D. Cal. Oct. 1, 2020) slip opinion

View on PACER

Oct. 13, 2020

Oct. 13, 2020

PACER

~Util - Set Deadlines/Hearings AND Case Management Conference - Initial

Oct. 13, 2020

Oct. 13, 2020

PACER
32

NOTICE of Voluntary Dismissal by State of California (Malouff, Marissa) (Filed on 10/19/2020) (Entered: 10/19/2020)

Oct. 19, 2020

Oct. 19, 2020

PACER

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 9, 2020

Closing Date: Oct. 19, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

State of California

Plaintiff Type(s):

State Plaintiff

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: Defendant

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