Case: City of Chicago v. Department of Homeland Security

President Donald Trump

COMPLAINT filed by City Of Chicago, Pima County, City and County of Denver; Filing fee $ 405, receipt number AILNDC-23495643.(Prather, Lucy) (Entered: 05/16/2025)

ATTORNEY Appearance for Plaintiff City Of Chicago by Lucy Prather (Prather, Lucy) (Entered: 05/16/2025)

CIVIL Cover Sheet (Prather, Lucy) (Entered: 05/16/2025)

ATTORNEY Appearance for Plaintiff City Of Chicago by Stephen J Kane (Kane, Stephen) (Entered: 05/16/2025)

case assigned

CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 2). (cvk, )

SUMMONS Issued (Court Participant) as to Department of Homeland Security, Federal Emergency Management Agency, Kristi Noem, David Richardson, U.S. Attorney, and U.S. Attorney General (Attachments: # 1 Summons Issued, # 2 Summons Issued, # 3 Summons Issued)(mam, ) (Entered: 05/20/2025)

MOTION by Plaintiff City and County of Denver for leave to appear as Pro Hac Vice (Mulbarger, Matthew) (Entered: 05/29/2025)

MINUTE entry before the Honorable Matthew F. Kennelly: Motion by Matthew Mulbarger for leave to appear pro hac vice 11 is granted. In addition, the Court sets this case for an initial telephonic status hearing on 6/5/2025 at 9:10 AM, using call-in number 650-479-3207, access code 2305-915-8729. Plaintiffs are directed to file a status report on 6/3/2025. (mk) (Entered: 05/30/2025)

SUMMONS Returned Executed by City Of Chicago, Pima County, City and County of Denver as to Department of Homeland Security served on 6/2/2025, answer due 8/1/2025 (Prather, Lucy) (Entered: 06/03/2025)

SUMMONS Returned Executed by City Of Chicago, Pima County, City and County of Denver as to Federal Emergency Management Agency served on 6/2/2025, answer due 8/1/2025 (Prather, Lucy) (Entered: 06/03/2025)

SUMMONS Returned Executed by City Of Chicago, Pima County, City and County of Denver as to David Richardson served on 6/2/2025, answer due 8/1/2025 (Prather, Lucy) (Entered: 06/03/2025)

SUMMONS Returned Executed by City Of Chicago, Pima County, City and County of Denver as to Kristi Noem served on 6/2/2025, answer due 8/1/2025 (Prather, Lucy) (Entered: 06/03/2025)

STATUS Report pursuant to the Court's May 30 Order by City Of Chicago, City and County of Denver, Pima County (Prather, Lucy) (Entered: 06/03/2025)

MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed plaintiff's status report. Based on plaintiff's statement that they intend to file a motion for preliminary injunction by 6/16/2025, the telephonic status hearing set for 6/5/2025 is vacated and reset to 6/18/2025 at 9:10 AM, using call-in number 650-479-3207, access code 2305-915-8729. (mk) (Entered: 06/03/2025)

MOTION by Plaintiffs City Of Chicago, City and County of Denver, Pima County for leave to file excess pages (Prather, Lucy) (Entered: 06/12/2025)

DESIGNATION of Thomas P. Walsh as U.S. Attorney for Defendants Department of Homeland Security, Federal Emergency Management Agency, Kristi Noem, David Richardson (Walsh, Thomas) (Entered: 06/12/2025)

DESIGNATION of Patrick Walter Johnson as U.S. Attorney for Defendants Department of Homeland Security, Federal Emergency Management Agency, Kristi Noem, David Richardson (Johnson, Patrick) (Entered: 06/12/2025)

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' motion for leave to file a preliminary injunction memorandum of up to 30 pages 19 is granted. Plaintiffs' preliminary injunction motion and supporting materials are to be filed by 6/20/2025. The telephonic status hearing set for 6/18/2025 is vacated and reset to 6/23/2025 at 9:10 AM, using call-in number 650-479-3207, access code 2305-915-8729. (mk) (Entered: 06/13/2025)

MOTION for Leave to Appear Pro Hac Vice on behalf of Pima County by Samuel E Brown; Filing fee $ 150, receipt number AILNDC-23640304. (Brown, Samuel) (Entered: 06/18/2025)

MOTION for Leave to Appear Pro Hac Vice on behalf of Pima County by Bobby Huo Yu; Filing fee $ 150, receipt number AILNDC-23640549. (Yu, Bobby) (Entered: 06/18/2025)

MOTION for Leave to Appear Pro Hac Vice on behalf of Pima County by Kyle Johnson; Filing fee $ 150, receipt number AILNDC-23640597. (Johnson, Kyle) (Entered: 06/18/2025)

MINUTE entry before the Honorable Matthew F. Kennelly: Motions by Samuel Brown 23, Bobby Yu 24, and Kyle Johnson 24 to appear pro hac vice are granted. (mk) (Entered: 06/19/2025)

MOTION by Plaintiffs City Of Chicago, City and County of Denver, Pima County for preliminary injunction (Prather, Lucy) (Entered: 06/20/2025)

MEMORANDUM by City Of Chicago, City and County of Denver, Pima County in support of motion for preliminary injunction 27 (Attachments: # 1 Declaration Jose Ponce, # 2 Declaration Ken Walker, # 3 Declaration Mary Comans, # 4 Declaration Nicole Doheny, # 5 Declaration Annette Guzman)(Prather, Lucy) (Entered: 06/20/2025)

1 Declaration Jose Ponce

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2 Declaration Ken Walker

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3 Declaration Mary Comans

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4 Declaration Nicole Doheny

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5 Declaration Annette Guzman

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DECLARATION of Lucy Prather regarding motion for preliminary injunction 27, memorandum in support of motion, 28 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Prather, Lucy) (Entered: 06/20/2025)

1 Exhibit 1

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MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 6/23/2025. Defendants' response to the motion for preliminary injunction 27 is due 7/23/2025. Defendants have leave to file a 30-page response brief. The plaintiff's reply is due 8/6/2025. The case is set for a telephonic status hearing on 8/13/2025 at 8:50 a.m. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (mma, ) (Entered: 06/23/2025)

MOTION by Plaintiffs City Of Chicago, City and County of Denver, Pima County for temporary restraining order (Prather, Lucy) (Entered: 07/12/2025)

MEMORANDUM by City Of Chicago, City and County of Denver, Pima County in support of motion for temporary restraining order 31 (Prather, Lucy) (Entered: 07/12/2025)

DECLARATION of Lucy Prather regarding memorandum in support of motion 32, motion for temporary restraining order 31 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Prather, Lucy) (Entered: 07/12/2025)

MINUTE entry before the Honorable Matthew F. Kennelly: This order is entered at approximately 9:25 PM Central Time on July 12, 2025. The plaintiffs in this case filed late this afternoon an emergency motion for a temporary restraining order seeking emergency relief on an ex parte basis. The motion has been served upon defendants via CM/ECF. The motion and supporting materials support a finding that defendants are likely, prior to the hearing on the preliminary injunction in this case, to effectively render the case moot, by reprogramming, transferring, de-obligating, or otherwise eliminating, the Shelter and Services Program grants to the plaintiffs (and others). This would cause irreparable injury to the plaintiffs. Plaintiffs' motions and supporting materials also indicate that the reprogramming, transferring, de-obligating, or elimination of these funds may take place over this weekend, when the Court is not in session, or otherwise before a hearing may be held. Plaintiffs have provided via affidavit specific facts clearly showing that immediate and irreparable injury will result to plaintiffs before defendants can be heard in opposition, and plaintiffs have also certified (and the docket reflects) that plaintiffs have attempted to obtain assurances from defendants and have given notice to defendants of their anticipated and actual filing of the motion for a temporary restraining order. See Fed. R. Civ. P. 65(b). For these reasons, the Court bars the defendants, as well as their officers, agents, servants, employees, and attorneys, from reprogramming, transferring, de-obligating, or otherwise eliminating, Shelter and Services program funds directly or indirectly (via pass-throughs) awarded or issued to the plaintiffs in this case. This order will expire at 5:00 PM Central Time on Wednesday, July 16, 2025 unless extended by the Court. Defendants are directed to file a written response to plaintiff's motion for a temporary restraining order by 3:00 PM Central Time on Monday, July 14, 2025. An in-person hearing regarding whether the present temporary restraining order should be extended, and whether the briefing schedule on the motion for preliminary injunction should be advanced, is set for Tuesday, July 15, 2025 at 10:00 AM in Courtroom 2103. (mk) (Entered: 07/12/2025)

RESPONSE by Department of Homeland Securityin Opposition to MOTION by Plaintiffs City Of Chicago, City and County of Denver, Pima County for temporary restraining order 31 (Attachments: # 1 Exhibit A)(Johnson, Patrick) (Entered: 07/14/2025)

1 Exhibit A

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MINUTE entry before the Honorable Matthew F. Kennelly: In person motion hearing held on 7/15/2025. The plaintiffs' motion for temporary restraining order 31 is denied for the reasons stated in open court. The Court's previously entered order barring the defendants, as well as their officers, agents, servants, employees, and attorneys, from reprogramming, transferring, de-obligating, or otherwise eliminating, Shelter and Services program funds directly or indirectly (via pass-throughs) awarded or issued to the plaintiffs in this case is vacated for the reasons stated in open court. The deadline for the defendant's response to the motion for preliminary injunction 27 is extended to 7/30/2025; the deadline for the plaintiff's reply is extended to 8/13/2025. The telephonic status hearing set for 8/13/2025 is vacated and reset to 8/20/2025 at 9:00 a.m. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Mailed notice. (mma, ) (Entered: 07/15/2025)

RESPONSE by Department of Homeland Securityin Opposition to MOTION by Plaintiffs City Of Chicago, City and County of Denver, Pima County for preliminary injunction 27 (Attachments: # 1 Exhibit No. 1)(Johnson, Patrick) (Entered: 07/30/2025)

MOTION for Leave to Appear Pro Hac Vice on behalf of Federation for American Immigration Reform by Mateo Forero-Norena; Filing fee $ 150, receipt number AILNDC-23846013. (Forero-Norena, Mateo) (Entered: 08/06/2025)

MOTION by Amicus Federation for American Immigration Reform for leave to file an Amicus Curiae Brief (Attachments: # 1 Exhibit Proposed Amicus Curiae Brief of Federation for American Immigration Reform)(Forero-Norena, Mateo) (Entered: 08/06/2025)

MINUTE entry before the Honorable Matthew F. Kennelly: Motion to appear pro hac vice 38 is granted. Motion for leave to file amicus brief 39 is respectfully denied, as the motion does not show that the positions and perspectives of the proposed amicus are not adequately represented by the existing parties. (mk) (Entered: 08/09/2025)

MOTION by Plaintiffs City Of Chicago, City and County of Denver, Pima County for extension of time to file response/reply in support of Motion for Preliminary Injunction (Prather, Lucy) (Entered: 08/11/2025)

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' motion for an extension of time to 8/15/2025 to file their reply brief is granted 41 . (mk) (Entered: 08/12/2025)

REQUEST for Clerk of Court to refund filing fee in the amount of $300.00, receipt no. 8478861 & 5258540, (Attachments: # 1 Exhibit Exhibit 1)(Brown, Samuel) (Entered: 08/13/2025)

REFUND PROCESSED re REQUEST for Clerk of Court to refund filing fee in the amount of $300.00, receipt no. AILNDC-23640457 and AILNDC-23640513. (lw, ) (Entered: 08/14/2025)

MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, due to its unanticipated unavailability on the morning of 8/20/2025, the telephonic status hearing set for that date is vacated and reset to 8/21/2025 at 9:15 a.m. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. (mk) (Entered: 08/14/2025)

REPLY by City Of Chicago, City and County of Denver, Pima County to MOTION by Plaintiffs City Of Chicago, City and County of Denver, Pima County for preliminary injunction 27, memorandum in support of motion, 28, response in opposition to motion, 37 (Attachments: # 1 Declaration Supplemental Declaration of Lucy Prather)(Prather, Lucy) (Entered: 08/15/2025)

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 8/21/2025. Counsel for plaintiff City and County of Denver did not appear for the hearing. Plaintiffs' motion for preliminary injunction 27 is set for in person oral argument on 9/22/2025 at 10:30 a.m. The hearing will be held in Courtroom 2103. Each side will have 30 minutes to present their argument. Mailed notice. (mma, ) (Entered: 08/21/2025)

MOTION for Leave to Appear Pro Hac Vice on behalf of City and County of Denver by Katie Joy McLoughlin; Filing fee $ 150, receipt number AILNDC-24036356. (McLoughlin, Katie) (Entered: 09/09/2025)

MINUTE entry before the Honorable Matthew F. Kennelly: Motion by Katie McLoughlin to appear pro hac vice 48 is granted. (mk) (Entered: 09/15/2025)

MOTION by Plaintiffs City Of Chicago, City and County of Denver, Pima County for leave to file notice of supplemental authority (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Prather, Lucy) (Entered: 09/18/2025)

MOTION by Defendant Department of Homeland Security for leave to file Notice of Supplemental Authority (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Johnson, Patrick) (Entered: 09/18/2025)

MINUTE entry before the Honorable Matthew F. Kennelly: Motions for leave to cite supplemental authority 50 51 are granted. (mk) (Entered: 09/19/2025)

MINUTE entry before the Honorable Matthew F. Kennelly: In person motion hearing held on 9/22/2025. Oral argument heard on the plaintiff's motion for preliminary injunction 27 . Motion is taken under advisement. The parties are directed to file a joint status report by 9/30/2025 advising the Court if they have any objection to consolidating the trial on the merits with this hearing under Rule 65 A-2. Mailed notice. (mma, ) (Entered: 09/22/2025)

STATUS Report Parties' Joint Status Report re Rule 65(a)(2) by City Of Chicago, City and County of Denver, Pima County (Prather, Lucy) (Entered: 09/30/2025)

MOTION by Plaintiffs City Of Chicago, City and County of Denver, Pima County for leave to file Supplemental Authority (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Prather, Lucy) (Entered: 10/02/2025)

ORDER AMENDED GENERAL ORDER 25-0024: GENERAL ORDER HOLDING IN ABEYANCE: CIVIL MATTERS INVOLVING THE UNITED STATES AS A PARTY: This matter is before the Court due to the lapse of congressional appropriations funding the federal government, including the Department of Justice and the United States Attorney's Office. Absent an appropriation, the United States represents that certain Department of Justice attorneys and employees of the federal government are prohibited from working, even on a voluntary basis, except in very limited circumstances, including "emergencies involving the safety of human life or the protection of property." 31 U.S.C. § 1342. Therefore, the lapse in appropriations requires a reduction in the workforce of the United States Attorney's Office and other federal agencies, particularly with respect to prosecution and defense of civil cases. The Court, in response, and with the intent to avoid any default or prejudice to the United States or other civil litigants occasioned by the lapse in funding, sua sponte enters this General Order. As a result of the cited workforce reductions, it is hereby ORDERED, effective October 1, 2025, that all civil litigation involving as a party the United States of America, its agencies, its officers or employees (whether in their individual or official capacity and whether current or former employees), and/or any other party represented by the Department of Justice or the United States Attorney's Office is immediately suspended, postponed, and held in abeyance continuing until funding for federal government operations is fully restored. The Court may renew or modify this General Order depending on developments in the stay period. The Court intends "civil litigation" to include all pending non-criminal cases in which the United States, its agencies, its officers or employees (whether in their individual or official capacity and whether current or former employees) is in any way a named party and any non-criminal cases in which the United States Attorney's Office or the Department of Justice is counsel of record. This includes, without limitation, all pending Social Security cases and all cases seeking monetary or equitable relief in which the United States is involved as a civil litigant. The General Order does not affect habeas corpus cases pending or filed under Chapter 153 of Title 28. This General Order suspends and continues, during the stay, any and all events and deadlines in the affected civil litigation (whether established by order, rule, or agreement), including but not limited to any scheduled proceedings, hearings, and/or discovery and pleading dates. No party will be required to take any steps in civil litigation affected until expiration of the stay. The Court warns litigants that this General Order does not purport to affect rights to, or deadlines concerning, appeal from any decision of this Court, which will continue to operate and issue orders in the normal course. Any litigant affected by this General Order may seek relief from the order by motion. The Court may, in any particular case, vary the effect or operation of this General Order by a separate order. The Court shall distribute this General Order: (a) by electronic service to all registered CM/ECF users; (b) by first-class mail to unregistered civil litigants, including pro se litigants, and to attorneys pending pro hac vice admission; and (c) by posting the General Order on the Court's public website. This General Order does not operate as a stay of any injunction or restraining order entered by any judge of this court. The Court shall clarify the status of case schedules upon expiration of the stay and dependent on the timing of the funding resolution. Signed by the Honorable Virginia M. Kendall on 10/2/2025: Mailed notice. (tg, ) (Entered: 10/02/2025)

MINUTE entry before the Honorable Matthew F. Kennelly: Motion for leave to file supplemental authority 55 is granted. (mk) (Entered: 10/03/2025)

MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 10/31/2025: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court grants, in part, the City of Chicago; City and County of Denver; and Pima Coun ty's request for a preliminary injunction [dkt. no. 27]. The Court will separately enter a preliminary injunction order. Plaintiffs' counsel are directed to promptly (by the close of business on November 3, 2025) provide a Word version of a draft preliminary injunction to the undersigned judge's proposed order e-mail address after discussing its form with defendants' counsel. In addition, the parties are directed to confer regarding what further proceedings are needed to b ring this case to a conclusion and are to file a joint status report with a proposal (or alternative proposals if they cannot agree) by November 10, 2025. A telephonic status hearing is set for November 14, 2025 at 9:20 a.m., using call-in number 650-479-3207, access code 2305-915-8729. (mk)

ORDER GRANTING PRELIMINARY INJUNCTION, signed by the Honorable Matthew F. Kennelly on 11/3/2025. (mk) (Entered: 11/03/2025)

MOTION by Defendant Department of Homeland Security to clarify Scope of Preliminary Injunction Order (Johnson, Patrick) (Entered: 11/04/2025)

MINUTE entry before the Honorable Matthew F. Kennelly: Defendants are directed to clarify their motion to clarify by filing, no later than 12:00 PM today (11/5/2025), a supplement setting out the specific additions or changes to the existing preliminary injunction order that they are seeking. (mk) (Entered: 11/05/2025)

SUPPLEMENT to motion to clarify 60 (Attachments: # 1 Exhibit)(Johnson, Patrick) (Entered: 11/05/2025)

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs are directed to file by 12:00 PM on 11/7/2025 a response to defendants' proposed modifications to the preliminary injunction order. Telephonic hearing, unless deemed unnecessary by the Court, is set for 11/10/2025 at 8:45 AM, using call-in number 650-479-3207, access code 2305-915-8729. (mk) (Entered: 11/06/2025)

RESPONSE by City and County of Denver, City of Chicago, Pima Countyin Opposition to MOTION by Defendant Department of Homeland Security to clarify Scope of Preliminary Injunction Order 60 (Prather, Lucy) (Entered: 11/07/2025)

MINUTE entry before the Honorable Matthew F. Kennelly: The motion to clarify is taken under advisement. The telephonic hearing set for 11/10/2025 is vacated. The next hearing is the status hearing set for 11/14/2025. A joint status report remains due on 11/10/2025 as ordered (see dkt. 58). (mk) (Entered: 11/08/2025)

STATUS Report (Joint) by Department of Homeland Security (Johnson, Patrick) (Entered: 11/10/2025)

MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 11/13/2025: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court denies the government's motion to clarify [dkt. no. 60]. Based on the joi nt status report filed on November 10, 2025, the telephonic status hearing set for November 14, 2025 is vacated. A joint status report with a proposed schedule for any further proceedings that are needed to bring this case to a conclusion is to be filed on November 24, 2025. The case is set for a telephonic status hearing on December 2, 2025 at 9:10 AM, using call-in number 650-479-3207, access code 2305-915-8729. (mk)

ORDER GENERAL ORDER 25-0028: RESETTING OF DEADLINES IN CIVIL MATTERS INVOLVING THE UNITED STATES AS A PARTY IT APPEARING THAT as a result of the partial federal government shutdown, this Court amended General Order 25-0024 suspending as of October 1, 2025, all civil litigation in which the United States of America, its agencies, its officers, or employees were parties, with the stated intention of clarifying schedules in such cases upon the expiration of the lapse in appropriations; and IT FURTHER APPEARING THAT appropriations having been restored to fund the Department of Justice and other Executive Branch agencies, with employees beginning to report for work beginning on November 13, 2025; accordingly IT IS THEREFORE ORDERED that the stay entered by General Order 25-0024 is hereby lifted, and any and all deadlines in affected civil cases (whether established by order, rule, or agreement.), including but not limited to any scheduled discovery and pleading dates, are extended by 49 days. The Court warns litigants that this General Order does not purport to affect rights to or deadlines concerning appeal from any decision of this Court. Any litigant affected by this General Order may seek relief from the order by motion. Trial dates in the affected cases will stand, although they may need to be adjusted in individual cases to account for the extension of other dates. The Court may, in any particular case, vary the effect or operation of this General Order by a separate ruling. The Court shall distribute this General Order: (a) by electronic service to all registered CM/ECF users; (b) by first-class mail to unregistered civil litigants, including pro se litigants, and to attorneys pending pro hac vice admission; and (c) by posting the General Order on the Court's public website. Signed by the Honorable Virginia M. Kendall on 11/14/2025: Mailed notice. (tg, ) (Entered: 11/15/2025)

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