Case: Americans for Immigration Justice v. U.S. Department of Homeland Security

1:22-cv-03118 | U.S. District Court for the District of Columbia

Filed Date: Oct. 13, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about access to legal counsel for people in immigration detention facilities. On October 13, 2022, five legal services providers filed suit against the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) in the U.S. District Court for the District of Columbia. The complaint alleged that ICE policies prevented detained people from accessing their attorneys in four immigration detention centers, in violation of the First and Fifth Amendmen…

This is a case about access to legal counsel for people in immigration detention facilities.

On October 13, 2022, five legal services providers filed suit against the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) in the U.S. District Court for the District of Columbia. The complaint alleged that ICE policies prevented detained people from accessing their attorneys in four immigration detention centers, in violation of the First and Fifth Amendments of the U.S. Constitution. The plaintiffs also claimed that ICE was violating Section 504 of the Rehabilitation Act, 29 U.S.C. § 794(a), since people with disabilities were more severely impacted by the policies. Finally, the plaintiffs claimed that by failing to enforce compliance with its own National Detention Standards regarding access to counsel, ICE was violating the Administrative Procedure Act, 5 U.S.C. § 706.

Represented by the American Immigration Council, the ACLU National Prison Project, and various ACLU affiliates, the plaintiff organizations sought declaratory and injunctive relief and attorneys' fees. With their complaint, the plaintiffs submitted notice that their case was related to a similar immigration and access-to-justice case, Southern Poverty Law Center v. U.S. Department of Homeland Security. Accordingly, this case was assigned to the judge for that related case, Judge Colleen Kollar-Kotelly.

About a month later, on November 18, 2022, the plaintiffs filed an amended complaint that fleshed out their Rehabilitation Act claim by adding relevant definitions and additional supporting facts. At the same time, they filed a motion for a preliminary injunction, seeking broad institutional changes at all four of the offending detention facilities.

The court granted the preliminary injunction in part and denied it in part on February 1, 2023. The court held that only one of the plaintiffs had established a clear likelihood of success, and only on its Fifth Amendment substantive due process claim related to one facility. Thus, the preliminary injunction provided narrow relief that applied only to a facility in Phoenix, Arizona. Under the court's order, the facility had a choice: install six private, confidential attorney-client visitation rooms that allowed for translation services and the passing of documents between attorney and client, or install a telephone system that blocked anyone from listening to legal calls while in progress. 2023 WL 1438376. Over the following months, the defendants requested and the court granted several extensions of time to comply with the preliminary injunction. As of May 2023, the facility currently had until August 23, 2023 to comply.

Two weeks after the court issued its preliminary injunction, on February 14 and 17, 2023, the defendants filed several motions: motions to dismiss the complaint for lack of jurisdiction and failure to state a claim, a motion to sever, and a motion to transfer venue. As of May 23, 2023, the court had not yet ruled on those motions.

	Document
1 1:22-cv-03118	Complaint for Injunctive and Declaratory Relief Americans for Immigrant Justice v. U.S. Department of Homeland Security	Oct. 13, 2022	Oct. 13, 2022 Complaint
53 1:22-cv-03118	First Amended Complaint for Injunctive and Declaratory Relief	Nov. 18, 2022	Nov. 18, 2022 Complaint
79 1:22-cv-03118	Memorandum Opinion	Feb. 1, 2023	Feb. 1, 2023 Order/Opinion 2023 WL 2023
97 1:22-cv-03118	Order Florence Immigrant and Refugee Rights Project v. U.S. Department of Homeland Security	April 11, 2023	April 11, 2023 Order/Opinion

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against TAE D. JOHNSON, ALEJANDRO N. MAYORKAS, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT ( Filing fee $ 402 receipt number ADCDC-9596995) filed by IMMIGRATION JUSTICE CAMPAIGN, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, AMERICANS FOR IMMIGRATION JUSTICE, IMMIGRATION SERVICES AND LEGAL ADVOCACY, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons)(Cho, Eunice) (Entered: 10/13/2022) 1 Civil Cover Sheet View on PACER 2 Summons View on PACER 3 Summons View on PACER 4 Summons View on PACER 5 Summons View on PACER 6 Summons View on PACER 7 Summons View on PACER	Oct. 13, 2022	Oct. 13, 2022 Clearinghouse
1	Complaint 1 Civil Cover Sheet View on PACER 2 Summons View on PACER 3 Summons View on PACER 4 Summons View on PACER 5 Summons View on PACER 6 Summons View on PACER 7 Summons View on PACER	Oct. 13, 2022	Oct. 13, 2022 Clearinghouse
2	NOTICE OF RELATED CASE by AMERICANS FOR IMMIGRATION JUSTICE, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, IMMIGRATION JUSTICE CAMPAIGN, IMMIGRATION SERVICES AND LEGAL ADVOCACY, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES. Case related to Case No. 1:18-cv-760. (Cho, Eunice) (Entered: 10/13/2022)	Oct. 13, 2022	Oct. 13, 2022 PACER
2	Notice of Related Case	Oct. 13, 2022	Oct. 13, 2022 PACER
3	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests identifying Corporate Parent NONE by AMERICANS FOR IMMIGRATION JUSTICE (Cho, Eunice) (Entered: 10/13/2022)	Oct. 13, 2022	Oct. 13, 2022 PACER
3	LCvR 26.1 Certificate of Disclosure - Corporate Affiliations/Financial Interests	Oct. 13, 2022	Oct. 13, 2022 PACER
4	LCvR 26.1 Certificate of Disclosure - Corporate Affiliations/Financial Interests	Oct. 13, 2022	Oct. 13, 2022 PACER
4	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests identifying Corporate Parent NONE by FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT (Cho, Eunice) (Entered: 10/13/2022)	Oct. 13, 2022	Oct. 13, 2022 PACER
5	LCvR 26.1 Certificate of Disclosure - Corporate Affiliations/Financial Interests	Oct. 13, 2022	Oct. 13, 2022 PACER
5	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests identifying Corporate Parent NONE by IMMIGRATION JUSTICE CAMPAIGN (Cho, Eunice) (Entered: 10/13/2022)	Oct. 13, 2022	Oct. 13, 2022 PACER
6	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests identifying Corporate Parent NONE by IMMIGRATION SERVICES AND LEGAL ADVOCACY (Cho, Eunice) (Entered: 10/13/2022)	Oct. 13, 2022	Oct. 13, 2022 PACER
6	LCvR 26.1 Certificate of Disclosure - Corporate Affiliations/Financial Interests	Oct. 13, 2022	Oct. 13, 2022 PACER
7	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests identifying Corporate Parent NONE by REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES (Cho, Eunice) (Entered: 10/13/2022)	Oct. 13, 2022	Oct. 13, 2022 PACER
7	LCvR 26.1 Certificate of Disclosure - Corporate Affiliations/Financial Interests	Oct. 13, 2022	Oct. 13, 2022 PACER
8	NOTICE of Appearance by Arthur B. Spitzer on behalf of All Plaintiffs (Spitzer, Arthur) (Entered: 10/13/2022)	Oct. 13, 2022	Oct. 13, 2022 PACER
8	Notice of Appearance	Oct. 13, 2022	Oct. 13, 2022 PACER
	Case Assigned/Reassigned	Oct. 14, 2022	Oct. 14, 2022 PACER
	Case Assigned/Reassigned	Oct. 14, 2022	Oct. 14, 2022 PACER
9	Summons Issued Electronically as to AUSA	Oct. 14, 2022	Oct. 14, 2022 PACER
	Case Assigned to Judge Colleen Kollar-Kotelly. (zmrl)	Oct. 14, 2022	Oct. 14, 2022 PACER
9	SUMMONS (6) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmrl) (Entered: 10/14/2022)	Oct. 14, 2022	Oct. 14, 2022 PACER
10	Order	Oct. 14, 2022	Oct. 14, 2022 PACER
10	ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 10/14/2022. (DM) (Entered: 10/14/2022)	Oct. 14, 2022	Oct. 14, 2022 PACER
	Order on Motion for Leave to Appear Pro Hac Vice	Oct. 18, 2022	Oct. 18, 2022 PACER
11	Motion for Leave to Appear Pro Hac Vice	Oct. 18, 2022	Oct. 18, 2022 PACER
11	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Katherine H. Blankenship, Filing fee $ 100, receipt number ADCDC-9605890. Fee Status: Fee Paid. by AMERICANS FOR IMMIGRATION JUSTICE, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, IMMIGRATION JUSTICE CAMPAIGN, IMMIGRATION SERVICES AND LEGAL ADVOCACY. (Attachments: # 1 Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Blankenship, Katherine) (Entered: 10/18/2022)	Oct. 18, 2022	Oct. 18, 2022 PACER
	Order on Motion for Leave to Appear Pro Hac Vice	Oct. 18, 2022	Oct. 18, 2022 PACER
	MINUTE ORDER granting 11 Motion for Leave to Appear Pro Hac Vice as to Katherine Blankenship conditional upon counsel Blankenship filing a declaration by October 28, 2022 stating that they have reviewed and are familiar with the Local Rules of this court. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a) Click for instructions. Signed by Judge Colleen Kollar-Kotelly on October 18, 2022. (lcckk1)	Oct. 18, 2022	Oct. 18, 2022 PACER
12	Request for Summons to Issue	Oct. 19, 2022	Oct. 19, 2022 PACER
13	Summons Reissued Electronically	Oct. 19, 2022	Oct. 19, 2022 PACER
12	REQUEST FOR SUMMONS TO ISSUE U.S. Department of Homeland Security filed by IMMIGRATION JUSTICE CAMPAIGN, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, AMERICANS FOR IMMIGRATION JUSTICE, IMMIGRATION SERVICES AND LEGAL ADVOCACY, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES.(Cho, Eunice) (Entered: 10/19/2022)	Oct. 19, 2022	Oct. 19, 2022 PACER
13	SUMMONS (1) Reissued Electronically as to U.S. DEPARTMENT OF HOMELAND SECURITY (Attachment: # 1 Notice and Consent)(zjm) (Entered: 10/19/2022)	Oct. 19, 2022	Oct. 19, 2022 PACER
	Order on Motion for Leave to Appear Pro Hac Vice	Oct. 21, 2022	Oct. 21, 2022 PACER
14	Notice of Appearance	Oct. 21, 2022	Oct. 21, 2022 PACER
14	NOTICE of Appearance by Katherine Blankenship on behalf of All Plaintiffs (Attachments: # 1 Declaration)(Blankenship, Katherine) (Entered: 10/21/2022)	Oct. 21, 2022	Oct. 21, 2022 PACER
15	Motion for Leave to Appear Pro Hac Vice	Oct. 21, 2022	Oct. 21, 2022 PACER
15	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Emma Winger, Filing fee $ 100, receipt number ADCDC-9617129. Fee Status: Fee Paid. by AMERICANS FOR IMMIGRATION JUSTICE, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, IMMIGRATION JUSTICE CAMPAIGN, IMMIGRATION SERVICES AND LEGAL ADVOCACY, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES. (Attachments: # 1 Declaration of Emma Winger, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Spitzer, Arthur) (Entered: 10/21/2022)	Oct. 21, 2022	Oct. 21, 2022 PACER
16	Motion for Leave to Appear Pro Hac Vice	Oct. 21, 2022	Oct. 21, 2022 PACER
	Order on Motion for Leave to Appear Pro Hac Vice	Oct. 21, 2022	Oct. 21, 2022 PACER
16	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Suchita Mathur, Filing fee $ 100, receipt number ADCDC-9617189. Fee Status: Fee Paid. by AMERICANS FOR IMMIGRATION JUSTICE, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, IMMIGRATION JUSTICE CAMPAIGN, IMMIGRATION SERVICES AND LEGAL ADVOCACY, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES. (Attachments: # 1 Declaration of Suchita Mathur, # 2 Certofocate of Good Standing, # 3 Text of Proposed Order)(Spitzer, Arthur) (Entered: 10/21/2022)	Oct. 21, 2022	Oct. 21, 2022 PACER

Case: Americans for Immigration Justice v. U.S. Department of Homeland Security

1:22-cv-03118 | U.S. District Court for the District of Columbia

Case Summary

Related Cases

People

Documents in the Clearinghouse

Docket

Case Details