Case: Make the Road New York v. Noem

1:25-cv-04455 | U.S. District Court for the District of District of Columbia

Filed Date: Dec. 19, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenges public and non-public guidance expanding expedited removal—the process through which low-level Department of Homeland Security (DHS) immigration officers summarily deport individuals from the U.S. without any meaningful review and with much less judicial review.  On December 19, 2025, Make the Road New York (MRNY), a non-profit community organization, previously challenged the expansion of expedited removal and a prior publicly-disclosed guidance memorandum in Make the Road…

This case challenges public and non-public guidance expanding expedited removal—the process through which low-level Department of Homeland Security (DHS) immigration officers summarily deport individuals from the U.S. without any meaningful review and with much less judicial review. 

On December 19, 2025, Make the Road New York (MRNY), a non-profit community organization, previously challenged the expansion of expedited removal and a prior publicly-disclosed guidance memorandum in Make the Road New York v. Noem, No. 25-cv-00190. The plaintiffs, represented by the ACLU Immigrants’ Rights Project, then filed this current lawsuit in the U.S. District Court for the District of Columbia against DHS, the U.S. Department of Justice (DOJ), U.S. Immigration and Customs Enforcement (ICE), U.S. Citizenship and Immigration Services (USCIS), and U.S. Customs and Border Protection (CBP) to challenge different guidance, issued on February 28, 2025 to "All ICE Employees" but made public in October 2025, as well as other undisclosed writings concerning the expansion (collectively, the “Guidance”). 

MRNY described in their complaint that, previous to the Guidance, the standard was to provide all noncitizens within the U.S. borders with notice, access to counsel, opportunity to prepare, and a hearing when facing removal. Expedited removal was applied in limited circumstances to noncitizens seeking admission at a port of entry, those who had been apprehended near the border shortly after arrival, or those who arrived by sea. The complaint states that the February 28 Guidance greatly expanded the reach of expedited removal to individuals located inside U.S. borders by requiring them to bear the burden of showing continuous presence for two years without providing them meaningful time or opportunity to do so, and without consideration of family or communal ties. The Guidance also provided that ICE may terminate ongoing removal proceedings of current applicants and place them into expedited removal. 

MRNY brought six claims against the defendants: 

1) The Guidance deprived noncitizens of meaningful process before removal in violation of the Due Process Clause of the Fifth Amendment. 

2) The Guidance violated the Immigration and Nationality Act (INA) and the Administrative Procedure Act (APA) because, pursuant to the INA, a person present in the interior should not be deemed inadmissible as they are within the U.S. borders, and therefore, expedited removal should not apply to these individuals. Consequently, the Guidance permitting expedited removal for such persons within the U.S. is not in accordance with the law against the APA. 

3) The Guidance violated the procedural requirements of the APA and INA, as the INA requires meaningful process and minimal procedures to persons faced with expedited removal, and in foreclosing these procedures, the Guidance was therefore in excess of statutory authority and not in accordance with law. 

4) The Guidance was arbitrary and capricious in violation of the APA. 

5) DHS did not comply with the APA’s procedural requirement that agencies must generally provide public notice and opportunity to comment on legislative rules before their promulgation.

6) and the Guidance contravened the INA and APA by authorizing and directing the expedited removal of noncitizens who have filed affirmative asylum applications. 

MRNY sought declaratory relief, an order staying the effective date of the Guidance, an order vacating the Guidance, and an order enjoining the defendants from applying the Guidance to noncitizens who had been present in the United States for more than 14 days or apprehended further than 100 miles from the border (and therefore effectively considered within the borders of the U.S.).  The case was assigned to District Court Judge Jia M. Cobb.

 

 

On January 22, 2026, the case was consolidated with Make the Road New York v. Noem, No. 25-cv-00190, with 25-cv-00190 as the lead case. For updates regarding the status of this case, find them here on the Clearinghouse.

This case is ongoing.

 

Summary Authors

Madeline Dollard (8/6/2026)

Calvin OConnell (1/15/2026)

Related Cases

Make the Road New York v. Huffman, District of District of Columbia (2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72063598/parties/make-the-road-new-york-v-noem/


Documents in the Clearinghouse

Documents in this case
1

1:25-cv-04455

Complaint

Dec. 19, 2025

Dec. 19, 2025

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/72063598/make-the-road-new-york-v-noem/

Last updated Oct. 25, 2026, 3:48 a.m.

Docket for: MAKE THE ROAD NEW YORK v. NOEM
ECF Number Date Description Link
1 Dec. 19, 2025

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-12148840) filed by Make the Road New York. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Kristi Noem, # 3 Summons Todd Lyons, # 4 Summons Joseph B. Edlow, # 5 Summons Rodney S. Scott, # 6 Summons Pam Bondi, # 7 Summons USAO)(Galindo, Daniel) (Entered: 12/19/2025)

1 Civil Cover Sheet

View on PACER

2 Summons Kristi Noem

View on PACER

3 Summons Todd Lyons

View on PACER

4 Summons Joseph B. Edlow

View on PACER

5 Summons Rodney S. Scott

View on PACER

6 Summons Pam Bondi

View on PACER

7 Summons USAO

View on PACER

Clearinghouse
2 Dec. 19, 2025

NOTICE OF RELATED CASE by Make the Road New York. Case related to Case No. 1:25-cv-00190. (Galindo, Daniel) (Entered: 12/19/2025)

RECAP
3 Dec. 19, 2025

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by Make the Road New York (Galindo, Daniel) (Entered: 12/19/2025)

RECAP
4 Dec. 19, 2025

NOTICE of Appearance by Daniel Antonio Galindo on behalf of Make the Road New York (Galindo, Daniel) (Entered: 12/19/2025)

RECAP
5 Dec. 19, 2025

NOTICE of Appearance by Michael King Thomas Tan on behalf of Make the Road New York (Tan, Michael) (Entered: 12/19/2025)

RECAP
6 Dec. 19, 2025

NOTICE of Appearance by Lucia Goin on behalf of All Plaintiffs (Goin, Lucia) (Entered: 12/19/2025)

RECAP
7 Dec. 22, 2025

SUMMONS (6) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 12/22/2025)

RECAP
Dec. 22, 2025

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

Dec. 22, 2025

Case Assigned/Reassigned

8 Dec. 24, 2025

NOTICE of Appearance by Cody H. Wofsy on behalf of MAKE THE ROAD NEW YORK (Wofsy, Cody) (Entered: 12/24/2025)

RECAP
9 Jan. 13, 2026

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Grace Eunhye Choi, Filing fee $ 100, receipt number ADCDC-12184057. Fee Status: Fee Paid. by MAKE THE ROAD NEW YORK. (Attachments: # 1 Declaration of Attorney, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Galindo, Daniel) (Entered: 01/13/2026)

RECAP
10 Jan. 13, 2026

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Hannah Steinberg, Filing fee $ 100, receipt number ADCDC-12184087. Fee Status: Fee Paid. by MAKE THE ROAD NEW YORK. (Attachments: # 1 Declaration of Attorney, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Galindo, Daniel) (Entered: 01/13/2026)

RECAP
11 Jan. 13, 2026

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Morgan Russell, Filing fee $ 100, receipt number ADCDC-12184099. Fee Status: Fee Paid. by MAKE THE ROAD NEW YORK. (Attachments: # 1 Declaration of Attorney, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Galindo, Daniel) (Entered: 01/13/2026)

RECAP
12 Jan. 13, 2026

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Omar Jadwat, Filing fee $ 100, receipt number ADCDC-12184102. Fee Status: Fee Paid. by MAKE THE ROAD NEW YORK. (Attachments: # 1 Declaration of Attorney, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Galindo, Daniel) (Entered: 01/13/2026)

RECAP
13 Jan. 13, 2026

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Sidra Mahfooz, Filing fee $ 100, receipt number ADCDC-12184104. Fee Status: Fee Paid. by MAKE THE ROAD NEW YORK. (Attachments: # 1 Declaration of Attorney, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Galindo, Daniel) (Entered: 01/13/2026)

RECAP
Jan. 14, 2026

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 14, 2026. (lcjmc3)

Jan. 14, 2026

Order on Motion for Leave to Appear Pro Hac Vice

Jan. 14, 2026

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 14, 2026. (lcjmc3)

Jan. 14, 2026

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 14, 2026. (lcjmc3)

Jan. 14, 2026

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 14, 2026. (lcjmc3)

Jan. 14, 2026

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 14, 2026. (lcjmc3)

14 Jan. 22, 2026

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 01/06/2026. (Russell, Morgan) (Entered: 01/22/2026)

RECAP
15 Jan. 22, 2026

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JOSEPH B. EDLOW served on 1/5/2026; TODD LYONS served on 1/5/2026; KRISTI L. NOEM served on 1/5/2026; RODNEY S. SCOTT served on 1/5/2026 (Russell, Morgan) (Entered: 01/22/2026)

RECAP
Jan. 22, 2026

Cases Consolidated. This case has been consolidated with case 25cv190 pursuant to 1/22/2026 Minute Order filed in that case. From this date forward, all pleadings shall be filed ONLY in the lead case, 25cv190. Parties are advised NOT to elect the SPREAD TEXT option when filing in ECF, as this will result in repetitive docketing. (znmw)

16 Jan. 23, 2026

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Anand Balakrishnan, Filing fee $ 100, receipt number ADCDC-12202359. Fee Status: Fee Paid. by MAKE THE ROAD NEW YORK. (Attachments: # 1 Declaration of Attorney, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Galindo, Daniel) (Entered: 01/23/2026)

RECAP
17 Jan. 23, 2026

NOTICE of Appearance by Grace Choi on behalf of All Plaintiffs (Choi, Grace) (Entered: 01/23/2026)

RECAP
18 Jan. 23, 2026

NOTICE of Appearance by Hannah Schoen Steinberg on behalf of All Plaintiffs (Steinberg, Hannah) (Entered: 01/23/2026)

RECAP
19 Jan. 23, 2026

NOTICE of Appearance by Morgan Russell on behalf of All Plaintiffs (Russell, Morgan) (Entered: 01/23/2026)

RECAP
20 Jan. 23, 2026

NOTICE of Appearance by Sidra Mahfooz on behalf of All Plaintiffs (Mahfooz, Sidra) (Entered: 01/23/2026)

RECAP
21 Jan. 23, 2026

NOTICE of Appearance by Omar C. Jadwat on behalf of All Plaintiffs (Jadwat, Omar) (Entered: 01/23/2026)

RECAP
22 Jan. 27, 2026

NOTICE of Appearance by Anand Balakrishnan on behalf of All Plaintiffs (Balakrishnan, Anand) (Entered: 01/27/2026)

RECAP
Jan. 27, 2026

MINUTE ORDER granting 16 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 January 27, 2026. (lcjmc3)

Jan. 27, 2026

Order on Motion for Leave to Appear Pro Hac Vice

Feb. 4, 2026

Create Case Association

Case Details

State / Territory:

District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Dec. 19, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Make the Road New York (“MRNY”) is a nonprofit, membership-based community organization that works to empower and assist immigrants and their communities.

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

Federal

U.S. Citizenship and Immigration Services

U.S. Customs and Border Protection

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Immigration and Customs Enforcement

Defendant Type(s):

Law-enforcement

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

Other Dockets:

District of District of Columbia 1:25-cv-04455

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Content of Injunction:

National / Universal injunction

Issues

Immigration/Border:

Deportation - criteria

Deportation - judicial review

Deportation - procedure

Recommended Citation