Case: Make the Road New York v. Huffman

1:25-cv-00190 | U.S. District Court for the District of District of Columbia

Filed Date: Jan. 22, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

On January 1, 2025, Make the Road New York, a progressive grassroots immigrant-led organization, filed this suit to challenge the Trump Administration’s Executive Order 14159, entitled “Protecting the American People Against Invasion” (“the Executive Order”). Plaintiffs challenged the Order’s expansion of the “expedited removal” process of the Immigration and Nationality Act. Under this process, low-level Department of Homeland Security (“DHS”) officers could deport individuals from the United …

On January 1, 2025, Make the Road New York, a progressive grassroots immigrant-led organization, filed this suit to challenge the Trump Administration’s Executive Order 14159, entitled “Protecting the American People Against Invasion” (“the Executive Order”). Plaintiffs challenged the Order’s expansion of the “expedited removal” process of the Immigration and Nationality Act. Under this process, low-level Department of Homeland Security (“DHS”) officers could deport individuals from the United States without any hearing before an immigration judge if the noncitizen could not show “to the satisfaction of an immigration officer” that they had been continuously present in the United States for longer than 2 years. Represented by the ACLU, plaintiffs sued the Department of Homeland Security, Immigration and Customs Enforcement, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, and the Department of Justice.

Plaintiffs alleged that the Executive Order violated the Constitution’s Due Process Clause, the Administrative Procedure Act, the Immigration and Nationality Act, the Convention Against Torture, and the Foreign Affairs Reform and Restructuring Act. Plaintiffs sought declaratory and injunctive relief. The lawsuit was filed in the United States District Court for the District of Columbia and assigned to Judge Jia Cobb.

Plaintiffs requested that the court declare the Executive Order unconstitutional and enjoin Defendants from applying expedited removal to noncitizens who have been present in the U.S. for more than 2 weeks or have been apprehended more than 100 miles from the border. 

This case is ongoing. 

Summary Authors

Daria Wick (1/27/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69566723/parties/make-the-road-new-york-v-huffman/


Attorney for Plaintiff

Balakrishnan, Anand (District of Columbia)

Choi, Grace (District of Columbia)

Gelernt, Lee (District of Columbia)

Attorney for Defendant
Expert/Monitor/Master/Other

Crapo, Matt A. (District of Columbia)

Hajec, Christopher Joseph (District of Columbia)

show all people

Documents in the Clearinghouse

Document
1

1:25-cv-00190

Complaint for Declaratory and Injunctive Relief

MAKE THE ROAD NEW YORK v. HUFFMAN

Jan. 22, 2025

Jan. 22, 2025

Complaint
27

1:25-cv-00190

First Amended Complaint

Make the Road New York v. Noem

March 22, 2025

March 22, 2025

Complaint
36

1:25-cv-00190

Dismiss

April 18, 2025

April 18, 2025

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69566723/make-the-road-new-york-v-huffman/

Last updated April 25, 2025, 4:54 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-11423914) filed by MAKE THE ROAD NEW YORK. (Attachments: # 1 Civil Cover Sheet, # 2 Summons AG, # 3 Summons Commissioner of CBP, # 4 Summons Director of ICE, # 5 Summons Director of USCIS, # 6 Summons Secretary of DHS, # 7 Summons USAO DC)(Gelernt, Lee) (Entered: 01/22/2025)

1 Civil Cover Sheet

View on PACER

2 Summons AG

View on PACER

3 Summons Commissioner of CBP

View on PACER

4 Summons Director of ICE

View on PACER

5 Summons Director of USCIS

View on PACER

6 Summons Secretary of DHS

View on PACER

7 Summons USAO DC

View on PACER

Jan. 22, 2025

Jan. 22, 2025

Clearinghouse
2

NOTICE OF RELATED CASE by MAKE THE ROAD NEW YORK. Case related to Case No. 19-cv-02369. (Gelernt, Lee) (Entered: 01/22/2025)

Jan. 22, 2025

Jan. 22, 2025

RECAP
3

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by MAKE THE ROAD NEW YORK (Gelernt, Lee) (Entered: 01/22/2025)

Jan. 22, 2025

Jan. 22, 2025

PACER
4

NOTICE of Appearance by Lee Gelernt on behalf of MAKE THE ROAD NEW YORK (Gelernt, Lee) (Entered: 01/22/2025)

Jan. 22, 2025

Jan. 22, 2025

PACER
5

NOTICE of Appearance by Cody H. Wofsy on behalf of MAKE THE ROAD NEW YORK (Wofsy, Cody) (Entered: 01/22/2025)

Jan. 22, 2025

Jan. 22, 2025

PACER
6

NOTICE of Appearance by Stephen Bonggyun Kang on behalf of MAKE THE ROAD NEW YORK (Kang, Stephen) (Entered: 01/22/2025)

Jan. 22, 2025

Jan. 22, 2025

PACER
7

NOTICE of Appearance by Arthur B. Spitzer on behalf of MAKE THE ROAD NEW YORK (Spitzer, Arthur) (Entered: 01/22/2025)

Jan. 22, 2025

Jan. 22, 2025

PACER

Case Assigned to Judge Jia M. Cobb. (zsl)

Jan. 23, 2025

Jan. 23, 2025

PACER
8

SUMMONS (6) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsl) (Entered: 01/23/2025)

1 Notice and Consent

View on RECAP

Jan. 23, 2025

Jan. 23, 2025

RECAP
9

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Grace Choi, Filing fee $ 100, receipt number ADCDC-11447363. Fee Status: Fee Paid. by MAKE THE ROAD NEW YORK. (Attachments: # 1 Declaration Attorney Declaration, # 2 Supplement Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order)(Gelernt, Lee) (Entered: 01/31/2025)

1 Declaration Attorney Declaration

View on RECAP

2 Supplement Certificate of Good Standing

View on RECAP

3 Text of Proposed Order Proposed Order

View on RECAP

Jan. 31, 2025

Jan. 31, 2025

RECAP

Order on Motion for Leave to Appear Pro Hac Vice

Jan. 31, 2025

Jan. 31, 2025

PACER
10

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Hannah Steinberg, Filing fee $ 100, receipt number ADCDC-11447386. Fee Status: Fee Paid. by MAKE THE ROAD NEW YORK. (Attachments: # 1 Declaration Attorney Declaration, # 2 Supplement Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order)(Gelernt, Lee) (Entered: 01/31/2025)

Jan. 31, 2025

Jan. 31, 2025

PACER
11

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Morgan Russell, Filing fee $ 100, receipt number ADCDC-11447418. Fee Status: Fee Paid. by MAKE THE ROAD NEW YORK. (Attachments: # 1 Declaration Attorney Declaration, # 2 Supplement Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order)(Gelernt, Lee) (Entered: 01/31/2025)

Jan. 31, 2025

Jan. 31, 2025

PACER
12

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Omar Jadwat, Filing fee $ 100, receipt number ADCDC-11447439. Fee Status: Fee Paid. by MAKE THE ROAD NEW YORK. (Attachments: # 1 Declaration Attorney Declaration, # 2 Supplement Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order)(Gelernt, Lee) (Entered: 01/31/2025)

Jan. 31, 2025

Jan. 31, 2025

PACER
13

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Sidra Mahfooz, Filing fee $ 100, receipt number ADCDC-11447446. Fee Status: Fee Paid. by MAKE THE ROAD NEW YORK. (Attachments: # 1 Declaration Attorney Declaration, # 2 Supplement Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order)(Gelernt, Lee) (Entered: 01/31/2025)

Jan. 31, 2025

Jan. 31, 2025

PACER

MINUTE ORDER granting 9 Motion for Leave to Appear Pro Hac Vice: Attorney Grace Eunhye Choi is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Jia M. Cobb on January 31, 2025. (lcjmc3)

Jan. 31, 2025

Jan. 31, 2025

PACER

MINUTE ORDER granting 10 Motion for Leave to Appear Pro Hac Vice: Attorney Hannah Steinberg is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Jia M. Cobb on January 31, 2025. (lcjmc3)

Jan. 31, 2025

Jan. 31, 2025

PACER

MINUTE ORDER granting 11 Motion for Leave to Appear Pro Hac Vice: Attorney Morgan Russell is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Jia M. Cobb on January 31, 2025. (lcjmc3)

Jan. 31, 2025

Jan. 31, 2025

PACER

MINUTE ORDER granting 12 Motion for Leave to Appear Pro Hac Vice: Attorney Omar Jadwat is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Jia M. Cobb on January 31, 2025. (lcjmc3)

Jan. 31, 2025

Jan. 31, 2025

PACER

MINUTE ORDER granting 13 Motion for Leave to Appear Pro Hac Vice: Attorney Sidra Mahfooz is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Jia M. Cobb on January 31, 2025. (lcjmc3)

Jan. 31, 2025

Jan. 31, 2025

PACER
14

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Anand Balakrishnan, Filing fee $ 100, receipt number BDCDC-11496905. Fee Status: Fee Paid. by MAKE THE ROAD NEW YORK. (Attachments: # 1 Attorney Declaration, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Gelernt, Lee) (Entered: 02/21/2025)

Feb. 21, 2025

Feb. 21, 2025

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Feb. 24, 2025

Feb. 24, 2025

PACER

MINUTE ORDER granting 14 Motion for Leave to Appear Pro Hac Vice: Attorney Anand Balakrishnan is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Jia M. Cobb on February 24, 2025. (lcjmc3)

Feb. 24, 2025

Feb. 24, 2025

PACER
15

NOTICE of Appearance by Anand Balakrishnan on behalf of All Plaintiffs (Balakrishnan, Anand) (Entered: 02/24/2025)

Feb. 24, 2025

Feb. 24, 2025

PACER
16

NOTICE of Appearance by Sidra Mahfooz on behalf of All Plaintiffs (Mahfooz, Sidra) (Entered: 02/24/2025)

Feb. 24, 2025

Feb. 24, 2025

PACER
17

NOTICE of Appearance by Morgan Russell on behalf of All Plaintiffs (Russell, Morgan) (Entered: 02/24/2025)

Feb. 24, 2025

Feb. 24, 2025

PACER
18

NOTICE of Appearance by Omar C. Jadwat on behalf of All Plaintiffs (Jadwat, Omar) (Entered: 02/24/2025)

Feb. 24, 2025

Feb. 24, 2025

PACER
19

NOTICE of Appearance by Grace Choi on behalf of All Plaintiffs (Choi, Grace) (Entered: 02/25/2025)

Feb. 25, 2025

Feb. 25, 2025

PACER
20

NOTICE of Appearance by Hannah Schoen Steinberg on behalf of All Plaintiffs (Steinberg, Hannah) (Entered: 02/25/2025)

Feb. 25, 2025

Feb. 25, 2025

PACER
21

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Robert Andrew Hodgson, Filing fee $ 100, receipt number ADCDC-11503974. Fee Status: Fee Paid. by MAKE THE ROAD NEW YORK. (Attachments: # 1 Attorney Declaration, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Gelernt, Lee) (Entered: 02/25/2025)

Feb. 25, 2025

Feb. 25, 2025

PACER
22

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Amy Belsher, Filing fee $ 100, receipt number ADCDC-11503979. Fee Status: Fee Paid. by MAKE THE ROAD NEW YORK. (Attachments: # 1 Attorney Declaration, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Gelernt, Lee) (Entered: 02/25/2025)

Feb. 25, 2025

Feb. 25, 2025

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Feb. 26, 2025

Feb. 26, 2025

PACER

MINUTE ORDER granting 21 Motion for Leave to Appear Pro Hac Vice: Attorney Andrew Hodgson is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Jia M. Cobb on February 26, 2025. (lcjmc3)

Feb. 26, 2025

Feb. 26, 2025

PACER

MINUTE ORDER granting 22 Motion for Leave to Appear Pro Hac Vice: Attorney Amy Belsher is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Jia M. Cobb on February 26, 2025. (lcjmc3)

Feb. 26, 2025

Feb. 26, 2025

PACER
23

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. PETE R. FLORES served on 2/27/2025; JENNIFER B. HIGGINS served on 3/11/2025; BENJAMINE HUFFMAN served on 2/20/2025; JAMES MCHENRY served on 2/21/2025; CALEB VITELLO served on 2/20/2025 (Gelernt, Lee) Modified docket text on 3/24/2025 (zdp). (Entered: 03/19/2025)

March 19, 2025

March 19, 2025

PACER
24

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/21/2025., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/23/2025. ( Answer due for ALL FEDERAL DEFENDANTS by 3/24/2025.) (See docket entry 23 to view document) (zdp) (Entered: 03/21/2025)

March 19, 2025

March 19, 2025

PACER
25

WITHDRAWN PURSUANT TO NOTICE FILED 3/23/2025....Consent MOTION to Amend/Correct 1 Complaint, by MAKE THE ROAD NEW YORK. (Attachments: # 1 Exhibit Amended Complaint, # 2 Exhibit Redlined Complaint, # 3 Exhibit Proposed Order)(Balakrishnan, Anand) Modified on 3/24/2025 (zdp). (Entered: 03/21/2025)

March 21, 2025

March 21, 2025

RECAP

Summons Returned Executed as to U.S. Attorney General AND Summons Returned Executed as to US Attorney

March 21, 2025

March 21, 2025

PACER
26

Unopposed MOTION for Order to Proceed Under Pseudonym and to File Supporting Exhibits Under Seal by MAKE THE ROAD NEW YORK. (Attachments: # 1 Exhibit Mary Do Declaration, # 2 Exhibit John Doe Declaration, # 3 Text of Proposed Order Proposed Order)(Balakrishnan, Anand) (Entered: 03/21/2025)

March 21, 2025

March 21, 2025

RECAP
27

AMENDED COMPLAINT against PETE R. FLORES, JENNIFER B. HIGGINS, BENJAMINE HUFFMAN, JAMES MCHENRY, CALEB VITELLO filed by MAKE THE ROAD NEW YORK. (Attachments: # 1 Exhibit Red Line of Amendment)(Balakrishnan, Anand) (Entered: 03/22/2025)

March 22, 2025

March 22, 2025

Clearinghouse
28

NOTICE OF WITHDRAWAL OF MOTION by MAKE THE ROAD NEW YORK re 25 Consent MOTION to Amend/Correct 1 Complaint, (Balakrishnan, Anand) (Entered: 03/23/2025)

March 23, 2025

March 23, 2025

RECAP
29

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by MAKE THE ROAD NEW YORK (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit)(Balakrishnan, Anand) (Entered: 03/24/2025)

March 24, 2025

March 24, 2025

PACER

Order on Motion for Order

March 24, 2025

March 24, 2025

PACER

MINUTE ORDER granting 26 Motion for Leave to Proceed Under Pseudonyms: Having considered the unopposed motion, and for good cause shown, the Court GRANTS the motion. It is hereby ORDERED that the individual Plaintiffs are given leave to proceed under the pseudonyms Mary and John, and to file their subsequent declarations under seal. Signed by Judge Jia M. Cobb on March 24, 2025. (lcjmc3)

March 24, 2025

March 24, 2025

PACER
30

SEALED DECLARATION filed by MAKE THE ROAD NEW YORK. re 26 Sealed Motion to Proceed Under Pseudonym,. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Declaration)(zdp) (Entered: 03/25/2025)

March 24, 2025

March 24, 2025

PACER
32

First MOTION for Extension of Time to File Answer re 27 Amended Complaint by KRISTI NOEM, TODD LYONS, JENNIFER B. HIGGINS, PETE R. FLORES, PAM BONDI. (Attachments: # 1 Text of Proposed Order)(McGuire, Caroline) (Entered: 03/27/2025)

March 27, 2025

March 27, 2025

RECAP
33

RESPONSE re 32 First MOTION for Extension of Time to File Answer re 27 Amended Complaint And Request to Adopt Plaintiffs' Proposed Schedule filed by MARY, JOHN, MAKE THE ROAD NEW YORK. (Balakrishnan, Anand) (Entered: 03/31/2025)

March 31, 2025

March 31, 2025

RECAP

Order on Motion for Extension of Time to Answer AND Set/Reset Deadlines

March 31, 2025

March 31, 2025

PACER
34

REPLY to opposition to motion re 32 Motion for Extension of Time to File Answer filed by KRISTI NOEM, TODD LYONS, JENNIFER B. HIGGINS, PETE R. FLORES, PAMELA J. BONDI. (McGuire, Caroline) (Entered: 03/31/2025)

March 31, 2025

March 31, 2025

RECAP

MINUTE ORDER granting 32 Motion for Extension: Having considered the motion, and for good cause shown, the Court GRANTS the motion. It is further ORDERED that Defendants shall respond to the complaint in this action by April 18, 2025. The Court understands Plaintiffs' proposal for a schedule they believe will be more efficient, but the Court will not preclude Defendants from filing a motion to dismiss in response to Plaintiffs' complaint if that is what they choose to do. Signed by Judge Jia M. Cobb on March 31, 2025. (lcjmc3)

March 31, 2025

March 31, 2025

PACER
36

MOTION to Dismiss by PAMELA J. BONDI, PETE R. FLORES, JENNIFER B. HIGGINS, TODD LYONS, KRISTI NOEM. (Attachments: # 1 Text of Proposed Order)(McGuire, Caroline) (Entered: 04/18/2025)

1 Text of Proposed Order

View on PACER

April 18, 2025

April 18, 2025

RECAP
37

NOTICE of Appearance by Matt A. Crapo on behalf of IMMIGRATION REFORM LAW INSTITUTE (Crapo, Matt) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

RECAP
39

Unopposed MOTION for Leave to File Amicus Briefin support of Defendants' Motion to Dismiss by IMMIGRATION REFORM LAW INSTITUTE. (Attachments: # 1 Proposed Amicus Brief, # 2 Proposed Order)(Crapo, Matt) (Entered: 04/25/2025)

1 Proposed Amicus Brief

View on RECAP

2 Proposed Order

View on RECAP

April 25, 2025

April 25, 2025

RECAP
38

NOTICE of Appearance by Christopher Joseph Hajec on behalf of IMMIGRATION REFORM LAW INSTITUTE (Hajec, Christopher) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

RECAP

Case Details

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump 1.0 & 2.0 Immigration Enforcement Order Challenges

Trump Administration 2.0: Challenges to the Government

Trump Administration 2.0: Challenges to the Government (Immigration Enforcement)

Key Dates

Filing Date: Jan. 22, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Make the Road New York; ACLU Immigrants’ Rights Project

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU Immigrants' Rights Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States (District of Columbia), Federal

Case Details

Causes of Action:

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

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Constitutional Clause(s):

Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Immigration/Border:

Deportation - criteria

Deportation - judicial review

Deportation - procedure

ICE/DHS/INS raid

Sanctuary city/state

Undocumented immigrants - rights and duties