Case: City of Chicago v. Department of Homeland Security

1:25-cv-05463 | U.S. District Court for the Northern District of Illinois

Filed Date: May 16, 2025

Case Ongoing

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Case Summary

This case challenges the Federal Emergency Management Agency’s (FEMA) termination of funding for the Shelter and Services Program (SSP). SSP was a congressional initiative established to reimburse local governments for providing humanitarian assistance—including food, shelter, and medical care—to migrants processed and released by the U.S. Department of Homeland Security (DHS).  On February 10, 2025, FEMA allegedly halted all SSP funding without prior notice by “de-obligating” the funds. This a…

This case challenges the Federal Emergency Management Agency’s (FEMA) termination of funding for the Shelter and Services Program (SSP).

SSP was a congressional initiative established to reimburse local governments for providing humanitarian assistance—including food, shelter, and medical care—to migrants processed and released by the U.S. Department of Homeland Security (DHS). 

On February 10, 2025, FEMA allegedly halted all SSP funding without prior notice by “de-obligating” the funds. This abrupt termination allegedly followed public criticism of FEMA by Elon Musk, who accused the agency of violating executive orders by funding services for “ill_egals,” as well as public remarks from then-Acting FEMA Administrator Cameron Hamilton, who stated that “Congress should have never passed bills asking FEMA to do this work.” FEMA allegedly provided no initial explanation for its decision, later claimed it was conducting an “investigation” into whether grantees were unlawfully harboring migrants, and ultimately asserted that SSP grants no longer aligned with its “new priorities.” 

On May 16, 2025, the City of Chicago, the City and County of Denver, and Pima County filed this lawsuit in the U.S. District Court for the Northern District of Illinois. Plaintiffs brought claims under the Administrative Procedure Act and the Separation of Powers against DHS and its Secretary, as well as FEMA and its Acting Administrator. Judge Matthew F. Kennelly was assigned to the case. 

Represented by public counsel, plaintiffs sought declaratory and injunctive relief, asking the court to declare defendants’ termination of SSP funding unlawful, to set aside the agency’s termination decision, and to enjoin DHS and FEMA from reallocating SSP funds to immigration detention or any other unrelated uses. They further requested that FEMA be compelled to resume processing reimbursement requests for services already provided. 

Plaintiffs asserted three primary claims. First, they alleged that FEMA’s termination of SSP funding violated the Administrative Procedure Act as arbitrary and capricious, citing FEMA’s shifting and inconsistent justifications. Second, they argued that FEMA violated the Administrative Procedure Act’s procedural requirements by failing to conduct notice-and-comment rulemaking before altering or terminating the program. Third, they claimed FEMA acted ultra vires and infringed Congress’s exclusive spending power under the Spending Clause and separation of powers by unilaterally nullifying a congressional appropriation.

On June 20, 2025, plaintiffs moved for a preliminary injunction, arguing that FEMA’s actions were arbitrary and procedurally invalid under the Administrative Procedure Act, that FEMA lacked authority to terminate SSP and redirect its funds, and that its actions caused irreparable harm, including budget shortfalls, disruption of migrant services, and harm to principles of cooperative federalism.

Then, on July 12, 2025, plaintiffs moved for a temporary restraining order after obtaining evidence that DHS intended to imminently divert SSP funds to U.S. Immigration and Customs Enforcement (ICE) and to the State of Florida for construction of a new immigration detention facility known as “Alligator Alcatraz.” Plaintiffs cited public statements from Secretary Noem, a DHS official, and Senator Chris Murphy indicating that DHS was preparing to reallocate the funds before their claims could be adjudicated. Plaintiffs argued that diversion of the funds would irreparably harm them by rendering their claims moot and permanently depriving them of reimbursement.

On July 15, 2025, Judge Kennelly denied the plaintiffs' motion for a temporary restraining order, and the court's previously entered order that temporarily prohibited DHS and FEMA from reallocating certain SSP funds was vacated

On October 31, the court partially granted plaintiff's motion for preliminary injunction originally filed June 20, 2025. 2025 WL 3043528. The court agreed with plaintiff's claim that defendants termination of SSP and its funding had violated the separation of powers and the APA. The order therefore enjoined DHS from eliminating SSP and from withholding any SSP funding scheduled in fiscal years 2023 and 2024. 

In early November, defendants asked the court to clarify the scope of the preliminary injunction, requesting that it be limited specifically to plaintiffs, rather than all SSP grantees. Judge Kennelly denied the motion to clarify, reasoning that Trump v. Casa, which defendants argued required limiting the scope of the preliminary injunction, did not speak to the court's power to order vacatur under the APA. 2025 WL 3171302.

On December 19, 2025, plaintiff City of Chicago filed a motion to enforce the preliminary injunction. Plaintiffs alleged that defendants, nearly three months after the court preliminary enjoined defendants from freezing SSP funds, had not yet resolved plaintiff's reimbursement requests. On February 9, Judge Kennelly concluded that defendants had violated the preliminary injunction and ordered that DHS and FEMA must process all reimbursement requests submitted before an SSP grant was terminated. 

This case is ongoing.

Summary Authors

Victoria Tan (7/21/2025)

Calvin OConnell (11/8/2025)

Allison Opheim (2/10/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70282725/parties/city-of-chicago-v-department-of-homeland-security/


Judge(s)
Attorney for Plaintiff

Brown, Samuel E (Illinois)

Johnson, Kyle (Illinois)

Kane, Stephen J. (Illinois)

Attorney for Defendant

Johnson, Patrick Walter (Illinois)

Expert/Monitor/Master/Other

Forero-Norena, Mateo (Illinois)

Documents in the Clearinghouse

Documents in this case
1

1:25-cv-05463

Complaint

May 16, 2025

May 16, 2025

Complaint
28

1:25-cv-05463

Memorandum in Support of Plaintiffs' Motion for a Preliminary Injunction

June 20, 2025

June 20, 2025

Pleading / Motion / Brief
32

1:25-cv-05463

Memorandum in Support of Plaintiffs' Motion for a Temporary Restraining Order

July 12, 2025

July 12, 2025

Pleading / Motion / Brief
36

1:25-cv-05463

Notification of Docket Entry

July 15, 2025

July 15, 2025

Other
58

1:25-cv-05463

Memorandum Opinion and Order

Oct. 31, 2025

Oct. 31, 2025

Order/Opinion

2025 WL 3043528

59

1:25-cv-05463

Order

City of Chicago v. United States Department of Homeland Security

Nov. 3, 2025

Nov. 3, 2025

Order/Opinion
67

1:25-cv-05463

Memorandum Opinion and Order

Nov. 13, 2025

Nov. 13, 2025

Order/Opinion

2025 WL 3171302

68

1:25-cv-05463

General Order 25-0028

City of Chicago v. Department of Homeland

Nov. 15, 2025

Nov. 15, 2025

Order/Opinion
86

1:25-cv-05463

Memorandum Opinion and Order

Feb. 9, 2026

Feb. 9, 2026

Order/Opinion

2026 WL 353581

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70282725/city-of-chicago-v-department-of-homeland-security/

Last updated July 22, 2026, 4:09 a.m.

ECF Number Date Description Link
1 May 16, 2025

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)

Clearinghouse
2 May 16, 2025

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

RECAP
3 May 16, 2025

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

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4 May 16, 2025

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

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May 16, 2025

case assigned

May 16, 2025

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, )

10 May 20, 2025

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)

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11 May 29, 2025

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

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12 May 30, 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)

RECAP
13 June 3, 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)

RECAP
14 June 3, 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)

RECAP
15 June 3, 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)

RECAP
16 June 3, 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)

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17 June 3, 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)

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18 June 3, 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)

RECAP
19 June 12, 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)

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20 June 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)

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21 June 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)

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22 June 13, 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)

RECAP
23 June 18, 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)

RECAP
24 June 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)

RECAP
25 June 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)

RECAP
26 June 19, 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)

RECAP
27 June 20, 2025

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

RECAP
28 June 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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Clearinghouse
29 June 20, 2025

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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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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14 Exhibit 14

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15 Exhibit 15

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16 Exhibit 16

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17 Exhibit 17

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RECAP
30 June 23, 2025

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)

RECAP
31 July 12, 2025

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

RECAP
32 July 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)

Clearinghouse
33 July 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)

RECAP
34 July 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)

RECAP
35 July 14, 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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RECAP
36 July 15, 2025

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)

Clearinghouse
37 July 30, 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)

1 Exhibit No. 1

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RECAP
38 Aug. 6, 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)

RECAP
39 Aug. 6, 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)

RECAP
40 Aug. 9, 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)

RECAP
41 Aug. 11, 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)

RECAP
42 Aug. 12, 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)

RECAP
43 Aug. 13, 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)

RECAP
44 Aug. 14, 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)

RECAP
45 Aug. 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)

RECAP
46 Aug. 15, 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)

RECAP
47 Aug. 21, 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)

RECAP
48 Sept. 9, 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)

RECAP
49 Sept. 15, 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)

RECAP
50 Sept. 18, 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)

RECAP
51 Sept. 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)

RECAP
52 Sept. 19, 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)

RECAP
53 Sept. 22, 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)

Clearinghouse
54 Sept. 30, 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)

RECAP
55 Oct. 2, 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)

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56 Oct. 2, 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)

RECAP
57 Oct. 3, 2025

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

RECAP
58 Oct. 31, 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 County'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 bring 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) (Entered: 10/31/2025)

Clearinghouse
59 Nov. 3, 2025

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

Clearinghouse
60 Nov. 4, 2025

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

RECAP
61 Nov. 5, 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)

RECAP
62 Nov. 5, 2025

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

RECAP
63 Nov. 6, 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)

RECAP
64 Nov. 7, 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)

RECAP
65 Nov. 8, 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)

RECAP
66 Nov. 10, 2025

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

RECAP
67 Nov. 13, 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 joint 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) (Entered: 11/13/2025)

Clearinghouse
68 Nov. 14, 2025

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)

Clearinghouse
69 Nov. 24, 2025

STATUS Report (joint) by Department of Homeland Security (Johnson, Patrick) (Entered: 11/24/2025)

RECAP
70 Nov. 26, 2025

ATTORNEY Appearance for Plaintiff City of Chicago by Rachel Elisheva Zemke (Zemke, Rachel) (Entered: 11/26/2025)

RECAP
71 Dec. 2, 2025

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 12/2/2025. Counsel for the City of Chicago stated that the plaintiffs intend to file a motion to enforce the preliminary injunction. The case is set for a telephonic status hearing on 12/15/2025 at 9:10 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: 12/02/2025)

RECAP
72 Dec. 12, 2025

STATUS Report Joint Status Report by City of Chicago (Zemke, Rachel) (Entered: 12/12/2025)

RECAP
73 Dec. 12, 2025

MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the parties' joint status report. Plaintiffs are to file their motion to enforce or a further status report by 12/19/2025. The telephonic status hearing set for 12/15/2025 is vacated and reset to 1/6/2026 at 9:10 a.m. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. (mk) (Entered: 12/12/2025)

RECAP
74 Dec. 19, 2025

MOTION by Plaintiff City of Chicago to enforce Preliminary Injunction (Zemke, Rachel) (Entered: 12/19/2025)

RECAP
75 Dec. 19, 2025

MEMORANDUM by City of Chicago in support of motion to enforce 74 preliminary injunction (Attachments: # 1 Exhibit 1 - Doheny Dec., # 2 Exhibit 2 - Martinez Dec., # 3 Exhibit 3 - Guzman Dec., # 4 Exhibit 4 - Walker Dec., # 5 Exhibit 5 - Zemke Dec.)(Zemke, Rachel) (Entered: 12/19/2025)

RECAP
76 Dec. 20, 2025

MINUTE entry before the Honorable Matthew F. Kennelly: Response to motion to enforce preliminary injunction is to be filed by 1/7/2026; reply to response is to be filed by 1/14/2026. The telephonic status hearing set for 1/6/2026 is vacated and reset to 1/15/2026 at 8:50 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. (mk) (Entered: 12/20/2025)

RECAP
77 Dec. 30, 2025

MINUTE entry before the Honorable Matthew F. Kennelly: As previously ordered, the telephonic status hearing set for 1/6/2026 has been vacated and reset to 1/15/2026 at 8:50 AM. (mk) (Entered: 12/30/2025)

RECAP
78 Dec. 31, 2025

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/31/2025: Mailed notice. (tg, ) (Entered: 01/01/2026)

RECAP
79 Jan. 7, 2026

RESPONSE by Department of Homeland Securityin Opposition to MOTION by Plaintiff City of Chicago to enforce Preliminary Injunction 74 (Johnson, Patrick) (Entered: 01/07/2026)

RECAP
80 Jan. 14, 2026

REPLY by Plaintiff City of Chicago to motion to enforce 74 (Zemke, Rachel) (Entered: 01/14/2026)

RECAP
81 Jan. 15, 2026

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 1/15/2026. An in-person oral argument hearing on the motion to enforce 74 is set for 2/4/2026 at 10:00 a.m. The hearing will be held in Courtroom 2103. Each side will have 15 minutes to present their argument. The Court reserves the right to change the time limit. Mailed notice. (mma, ) (Entered: 01/15/2026)

RECAP
82 Jan. 23, 2026

MOTION by Plaintiff City of Chicago to supplement the record (Attachments: # 1 Exhibit A - January 21 Email to Chicago, # 2 Exhibit B - January 23 Email to Pima County)(Zemke, Rachel) (Entered: 01/23/2026)

RECAP
83 Jan. 24, 2026

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' motion to supplement the record regarding the motion to enforce is granted 82 . (mk) (Entered: 01/24/2026)

RECAP
84 Jan. 29, 2026

MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the in-person hearing set for 10:00 AM on 2/4/2026 is advanced to 9:30 AM on that same date. (mk) (Entered: 01/29/2026)

RECAP
85 Feb. 4, 2026

MINUTE entry before the Honorable Matthew F. Kennelly: In person motion hearing held on 2/4/2026. Oral argument heard on the plaintiff's motion to enforce 74 . The matter is taken under advisement. Mailed notice. (mma, ) (Entered: 02/04/2026)

RECAP
86 Feb. 9, 2026

MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 2/9/2026: For the reasons stated in the accompanying Memorandum Opinion nad Order, the Court grants, in part, the plaintiffs' motion to enforce the Court's November 3, 2025 order [dkt. no. 74]. By February 23, 2026, the government must comply with the Court's order by processing, pursuant to 2 C.F.R. § 200.305(b)(3), all reimbursement requests submitted before an SSP grant was terminated. And if the government determines it has a reasonable beliefthat does not rely on the reasons set forth in the March 11 and April 1 lettersthat a reimbursement request is improper, it must articulate such reason(s) to the SSP grantee. On a separate note, 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 February 25, 2026. The case is set for a telephonic status hearing on February 27, 2026 at 9:10 AM, using call-in number 650-479-3207, access code 2305-915-8729. (mk) (Entered: 02/09/2026)

Clearinghouse
87 Feb. 23, 2026

WITHDRAWING Lucy Prather as counsel for Plaintiff City of Chicago and substituting Rachel Elisheva Zemke as counsel of record (Zemke, Rachel) (Entered: 02/23/2026)

RECAP
88 Feb. 25, 2026

STATUS Report Joint Status Report by City of Chicago (Zemke, Rachel) (Entered: 02/25/2026)

RECAP
89 Feb. 26, 2026

MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the parties' joint status report. The telephonic status hearing set for 2/27/2026 is vacated and reset to 4/22/2026 at 9:00 AM, using call-in number 650-479-3207, access code 2305-915-8729. A further joint status report is to be filed on 4/15/2026 as proposed by the parties. (mk) (Entered: 02/26/2026)

RECAP
90 April 3, 2026

MOTION by Plaintiffs City and County of Denver, City of Chicago, Pima County to enforce Second Motion to Enforce PI (Attachments: # 1 Exhibit A - Feb. 9 Hearing Transcript)(Zemke, Rachel) (Entered: 04/03/2026)

RECAP
91 April 4, 2026

MINUTE entry before the Honorable Matthew F. Kennelly: Defendants are directed to file a response to plaintiffs' motion to enforce 90 by 4/10/2026. Telephonic hearing is set for 4/14/2026 at 8:45 AM, using call-in number 650-479-3207, access code 2305-915-8729. (mk) (Entered: 04/04/2026)

RECAP
92 April 10, 2026

RESPONSE by Defendant Department of Homeland Security to motion to enforce 90 preliminary injunction (second) (Johnson, Patrick) (Entered: 04/10/2026)

RECAP
93 April 14, 2026

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic motion hearing held on 4/14/2026. The motion to enforce 90 is set for video oral argument on 4/27/2026 at 10:30 a.m. The Court will send out a video conference invitation a few days before the hearing date. The joint status report deadline of 4/15/2026 is vacated. Mailed notice. (mma, ) (Entered: 04/14/2026)

RECAP
94 April 20, 2026

MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the T telephonic status hearing set for 9:00 AM on 4/22/2026 is advanced to 8:50 AM on that same date, using call-in number 650-479-3207, access code 2305-915-8729. (mk) (Entered: 04/20/2026)

RECAP
95 April 21, 2026

MINUTE entry before the Honorable Matthew F. Kennelly: Video motion hearing scheduled for April 27, 2026, at 10:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (650) 479-3207 and the call-in ID is 23148316722##. Counsel of record will receive an email invitation prior to the start of the video hearing with instructions to join the video conference. 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: 04/21/2026)

RECAP
96 April 22, 2026

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 4/22/2026. Case remains set for a video motion hearing on 4/27/2026 at 10:30 a.m. 93 . Mailed notice. (mma, ) (Entered: 04/22/2026)

RECAP
97 April 27, 2026

MOTION for Leave to Appear Pro Hac Vice on behalf of City and County of Denver by Raana Vakilzadeh Haidari; Filing fee $ 150, receipt number AILNDC-25032539. (Haidari, Raana) (Entered: 04/27/2026)

RECAP
98 April 27, 2026

MINUTE entry before the Honorable Matthew F. Kennelly: Video motion hearing held on 4/27/2026. Attorney Raana Haidari's motion for leave to appear pro hac vice 97 is granted. Plaintiff's second motion to enforce 90 is granted as to the plaintiffs' additional reimbursement requests and taken under advisement as to other SSP grantees. A draft order regarding the motion to enforce is to be sent in Word format to Judge Kennelly's proposed order email address. Defendants are to file a status report regarding additional reimbursement requests (as proposed during the hearing) by 5/11/2026. Mailed notice. (mma, ) (Entered: 04/28/2026)

RECAP
April 28, 2026

Order on Motion to Appear Pro Hac Vice AND Order on Motion to enforce

99 May 4, 2026

ORDER PARTIALLY GRANTING PLAINTIFFS' SECOND MOTION TO ENFORCE THE PRELIMINARY INJUNCTION, signed by the Honorable Matthew F. Kennelly on 5/4/2026. (mk) (Entered: 05/04/2026)

RECAP
100 May 7, 2026

MOTION by Plaintiffs City and County of Denver, City of Chicago, Pima County to stay Joint Motion to Stay Case (Zemke, Rachel) (Entered: 05/07/2026)

RECAP
101 May 8, 2026

MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 5/8/2026: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court grants the plaintiffs' second motion to enforce the Court's November 3, 2025 order [dkt. no. 90] as to reimbursement claims submitted by non-party SSP grantees. By May 22, 2026, the government must comply with the Court's order by processing, pursuant to 2 C.F.R. § 200.305(b)(3), all reimbursement claims submitted by non-party SSP grantees for costs incurred before an SSP grant was terminated. A status report regarding additional reimbursement claims shall be filed on May 27, 2026. Any earlier status report due dates are stricken. The case is set for a telephonic status hearing on June 1, 2026 at 9:10 AM, using call-in number 650-479-3207, access code 2305-915-8729. (mk) (Entered: 05/08/2026)

RECAP
102 May 11, 2026

MINUTE entry before the Honorable Matthew F. Kennelly: Motion to stay 100 is set for a telephonic hearing on 5/13/2026 at 9:15 AM, using call-in number 650-479-3207, access code 2305-915-8729. (mk) (Entered: 05/11/2026)

RECAP

Case Details

State / Territory:

Illinois

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: May 16, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The City of Chicago, City and County of Denver, and Pima County

Plaintiff Type(s):

City/County Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

U.S. Department of Homeland Security

U.S. Federal Emergency Management Agency

Case Details

Causes of Action:

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

Constitutional Clause(s):

Separation of Powers

Spending/Appropriations Clauses

Other Dockets:

Northern District of Illinois 1:25-cv-05463

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General/Misc.:

Funding

Government services

Public assistance grants

Presidential/Gubernatorial Authority:

Impoundment (mandatory spending)

Recommended Citation