Case: Massachusetts Coalition for Immigration Reform v. U.S. Citizenship and Immigration Services

1:20-cv-03438 | U.S. District Court for the District of District of Columbia

Filed Date: Nov. 24, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

The Massachusetts Coalition for Immigration Reform (MCIR) and the Executive Director of Progressives for Immigration Reform, filed suit against U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of Homeland Security (DHS) on November 24, 2020, in the U.S. District Court for the District of Columbia. The plaintiffs alleged that DHS and USCIS failed to conduct environmental reviews under the National Environmental Policy Act (NEPA) for their visa and citizenship policies th…

The Massachusetts Coalition for Immigration Reform (MCIR) and the Executive Director of Progressives for Immigration Reform, filed suit against U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of Homeland Security (DHS) on November 24, 2020, in the U.S. District Court for the District of Columbia. The plaintiffs alleged that DHS and USCIS failed to conduct environmental reviews under the National Environmental Policy Act (NEPA) for their visa and citizenship policies that regulate foreign nationals' entry and settlement in the United States. They further alleged that this immigration-driven population growth caused significant environmental impacts including urban sprawl, habitat loss, increased greenhouse gas emissions, and water system pressures. The plaintiffs claimed that DHS adopted NEPA procedures in 2014 that arbitrarily excluded USCIS's entire mandate from environmental analysis. Represented by the Immigration Reform Law Institute and the Center for Immigration Studies, the plaintiffs sought declaratory and injunctive relief requiring DHS to address USCIS's mission in its NEPA procedures and to provide guidance for environmental impact analysis of visa and citizenship programs as well as attorneys’ fees. This case was assigned to District Judge Trevor N. McFadden. 

On January 15, 2021, the defendants moved to stay the proceedings until the court in Huhn v. USCIS issued a decision on a motion to transfer venue. The parties filed a joint status report addressing Huhn on May 20, 2021, and on the same day, the court lifted its January 2021 stay. 

The defendants moved to consolidate this case with Huhn (21-01198) on May 27, 2021. The court granted this motion the following day and ordered all subsequent pleadings to be filed on this docket. 

On June 11, 2021, the defendants moved to dismiss the case, arguing that the plaintiffs lacked standing because they did not sufficiently establish they had suffered specific injuries and did not have any physical connection with the southern border. They further argued that the Instruction Manual, which the plaintiffs argued violated NEPA, did not constitute a final agency action, so the court could not review the plaintiffs APA challenge. The defendants also contended that Count II of the plaintiffs’ complaint – that DHS and USCIS violated NEPA and the APA by failing to conduct environmental reviews of those agencies’ actions – was non-justiciable. 

The plaintiffs moved to amend their complaint on June 29, 2021. The court granted this motion the following day on June 30, 2021 and dismissed the defendants’ motion to dismiss as moot. 

The plaintiffs filed their amended complaint on September 3, 2021. The amended complaint added five additional individual plaintiffs to the case. Multiple claims were also added, including: (1) a challenge to a “mass release” policy that the plaintiffs alleged permitted Customs and Border Patrol agents to provide individuals crossing the southern border illegally with permission slips to seek permanent legal status and to transport them to the interior of the United States; (2) a challenge to the termination of Migrant Protection Protocols (MPP); and (3) an allegation that DHS and USCIS violated NEPA by failing to conduct environmental impact assessments prior to implementing these immigration policies and stopping the construction of the southern border wall. 

On November 3, 2021, the defendants moved to dismiss the first amended complaint for lack of subject matter jurisdiction and failure to state a claim. On August 11, 2022, the court granted this motion in part and denied it in part. 621 F. Supp.3d 84. The court dismissed two claims brought by the plaintiffs: (1) that DHS’s Instruction Manual violated NEPA and the Administrative Procedure Act (APA), and (2) that the Biden administration should have prepared a “programmatic” environmental analysis of its immigration-related actions. The court held that the Instruction Manual did not qualify as a “final agency action”, so the court could not hear this APA challenge, and thus did not have jurisdiction. The court further held that the programmatic challenge was not a “discrete” agency action, and could not be challenged under the APA, so the court did not have jurisdiction. The court found that the remaining claims survived the defendants’ objections in their motion to dismiss. 

On February 27, 2023, the plaintiffs moved for summary judgment. The defendants filed a cross-motion for summary judgment on April 13, 2023. The court held a hearing on these motions on August 31, 2023, and the following month, on September 30, 2023, the court denied the plaintiffs’ motion, and granted in part and denied in part the defendants’ motion. 698 F. Supp.3d 10. The court first determined that most of the plaintiffs lacked standing. The court found that the Coalition plaintiff did not demonstrate associational or organizational standing, and that the individual plaintiffs located in the interior of the U.S. did not suffer a particularized injury. The court did find, however, that while the individual plaintiffs near the southern border lacked standing, they did present a genuine issue of material fact regarding their standing on their border wall and MPP claims, so the court held that these claims would proceed to trial. 

The plaintiffs moved to file a second amended complaint on December 29, 2023, specifically seeking to add a claim addressing the “mass release” policy first specified in 2021. The court denied this motion on May 15, 2024, holding that an amended complaint would disrupt the trial schedule and be too burdensome to the parties because the parties had “labored for two and a half years” under the operative complaint. 

On July 31, 2024, the court held a bench trial on the individual border plaintiffs’ standing. On September 27, 2024, the court found that one of the individual plaintiffs had suffered particularized injuries that could be fairly traced to DHS’s actions reversing border policies. Because of this, the court held that the government had violated NEPA when it stopped border wall construction and terminated MPPs without conducting proper environmental reviews. 752 F. Supp.3d 13.

On October 24, 2024, the plaintiffs moved for an injunction based on the court’s July 31, 2024 findings. The plaintiffs specifically sought a declaratory judgment that DHS was obligated to conduct an Environmental Impact Statement (EIS) prior to terminating border wall construction and MPPs. They also sought vacatur of the termination and an injunction requiring the government to restart border wall construction and the MPPs. 

On September 18, 2025, the court denied the plaintiffs’ motion for an injunction and dismissed the case as moot. The court reasoned that dismissal was appropriate because, as a result of President Trump taking office in January 2025, his administration had restored its border policies which “washe[d] away the environmental risks [the individual plaintiff] faced from the hasty terminations”. Any relief that Smith would receive would have only affected his past rights, not his present or future rights. 

The plaintiffs appealed this decision to the U.S. Court of Appeals for the D.C. Circuit on November 16, 2025 where briefing is ongoing. 

Summary Authors

Kara Wilczynski (7/21/2026)

Jinan Abufarha (3/21/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18688909/parties/massachusetts-coalition-for-immigration-reform-v-us-citizenship-and/


Judge(s)
Attorney for Plaintiff

Axelrod, Julie B. (District of Columbia)

Attorney for Defendant

Alexander, Tyler McVeigh (District of Columbia)

Duffy, Sean Christian (District of Columbia)

Expert/Monitor/Master/Other

Farnsworth, Colin M. (District of Columbia)

Hajec, Christopher Joseph (District of Columbia)

Documents in the Clearinghouse

Documents in this case
1

1:20-cv-03438

Complaint for Declaratory and Injunctive Relief

Massachusetts Coalition for Immigration Reform

Nov. 24, 2020

Nov. 24, 2020

Complaint
17

1:20-cv-03438

Amended Complaint for Declaratory and Injunctive Relief

Massachusetts Coalition for Immigration Reform v. U.S. Department of Homeland Security et al.

Sept. 3, 2021

Sept. 3, 2021

Complaint
27

1:20-cv-03438

Memorandum and Order

Massachusetts Coalition for Immigration Reform et al. v. U.S. Department of Homeland Security et al.

Aug. 11, 2022

Aug. 11, 2022

Order/Opinion

621 F.Supp.3d 84

52

1:20-cv-03438

Memorandum Order

Massachusetts Coalition for Immigration Reform et al. v. U.S. Department of Homeland Security et al.

Sept. 30, 2023

Sept. 30, 2023

Order/Opinion

698 F.Supp.3d 10

66

1:20-cv-03438

Memorandum Order

Massachusetts Coalition for Immigration Reform et al. v. U.S. Department of Homeland Security et al.

May 15, 2024

May 15, 2024

Order/Opinion

2024 WL 2208206

81

1:20-cv-03438

Findings Of Fact and Conclusions Of Law

Massachusetts Coalition for Immigration Reform et al. v. U.S. Department of Homeland Security et al.

Sept. 27, 2024

Sept. 27, 2024

Order/Opinion

752 F.Supp.3d 13

96

1:20-cv-03438

Memorandum Opinion

Massachusetts Coalition for Immigration Reform et al. v. U.S. Department of Homeland Security et al.

Sept. 18, 2025

Sept. 18, 2025

Order/Opinion

800 F.Supp.3d 134

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18688909/massachusetts-coalition-for-immigration-reform-v-us-citizenship-and/

Last updated Sept. 7, 2026, 3:23 a.m.

Docket for: MASSACHUSETTS COALITION FOR IMMIGRATION REFORM v. U.S. CITIZENSHIP AND IMMIGRATION SERVICES
ECF Number Date Description Link
1 Nov. 24, 2020

COMPLAINT against U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400 receipt number ADCDC-7877717) filed by Massachusetts Coalition for Immigration Reform, Kevin Lynn. (Attachments: # 1 Summons, # 2 Summons, # 3 Civil Cover Sheet, # 4 Exhibit Ref'd by Compl., # 5 Exhibit Ref'd by Compl., # 6 Exhibit Ref'd by Compl., # 7 Exhibit Ref'd by Compl., # 8 Exhibit Ref'd by Compl.)(Miano, John) (Attachment 3 replaced as non-fillable on 11/25/2020) (ztnr) (Attachment 3 replaced on 11/30/2020) (rj). Modified on 11/30/2020 to flatten pdf (rj). (Entered: 11/24/2020)

1 Summons

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2 Summons

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3 Civil Cover Sheet

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4 Exhibit Ref'd by Compl.

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5 Exhibit Ref'd by Compl.

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6 Exhibit Ref'd by Compl.

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7 Exhibit Ref'd by Compl.

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8 Exhibit Ref'd by Compl.

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Clearinghouse
2 Nov. 25, 2020

CIVIL COVER SHEET by MASSACHUSETTS COALITION FOR IMMIGRATION REFORM, KEVIN LYNN re 1 Complaint,, filed by MASSACHUSETTS COALITION FOR IMMIGRATION REFORM, KEVIN LYNN. Related document: 1 Complaint,, filed by KEVIN LYNN, MASSACHUSETTS COALITION FOR IMMIGRATION REFORM.(Miano, John) (Entered: 11/25/2020)

RECAP
3 Nov. 25, 2020

STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 11/25/2020. (lctnm3) (Entered: 11/25/2020)

RECAP
Nov. 25, 2020

Case Assigned to Judge Trevor N. McFadden. (zsb)

Nov. 25, 2020

Case Assigned/Reassigned

4 Dec. 1, 2020

SUMMONS (2) Issued Electronically as to U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 12/01/2020)

RECAP
5 Dec. 14, 2020

NOTICE of Appearance by Erika D. Norman on behalf of All Defendants (Norman, Erika) (Entered: 12/14/2020)

RECAP
6 Jan. 15, 2021

Unopposed MOTION to Stay Proceedings Until Motion to Transfer Venue in Huhn v. USCIS, No. 20-2383 (D. Minn. filed Nov. 24, 2020) is Decided by U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Norman, Erika) (Entered: 01/15/2021)

RECAP
Jan. 15, 2021

MINUTE ORDER granting Defendants' 6 Unopposed Motion to Stay Proceedings Until Motion to Transfer Venue in Huhn v. USCIS, No. 20-2383 (D. Minn. filed Nov. 24, 2020) is Decided. This matter is STAYED pending resolution of Defendants' motion to transfer in the Huhn matter. The parties shall file a Joint Status Report addressing any motion to consolidate and Defendants' response to the complaint within fourteen days of resolution of the motion to transfer. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/15/2021. (lctnm3)

Jan. 15, 2021

Order on Motion to Stay

7 Jan. 19, 2021

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Lesley Blackner, Fee Status: No Fee Paid. by KEVIN LYNN, MASSACHUSETTS COALITION FOR IMMIGRATION REFORM. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Miano, John) (Entered: 01/19/2021)

RECAP
Jan. 20, 2021

MINUTE ORDER granting 7 Motion for Leave to Appear Pro Hac Vice. Attorney Lesley Blackner is hereby admitted to appear pro hac vice 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 Trevor N. McFadden on 1/20/2021. (lctnm3)

Jan. 20, 2021

Order on Motion for Leave to Appear Pro Hac Vice

8 May 5, 2021

NOTICE of Appearance by Julie B. Axelrod on behalf of KEVIN LYNN, MASSACHUSETTS COALITION FOR IMMIGRATION REFORM (Axelrod, Julie) (Entered: 05/05/2021)

RECAP
9 May 11, 2021

NOTICE of Appearance by Sean Christian Duffy on behalf of All Defendants (Duffy, Sean) (Entered: 05/11/2021)

RECAP
10 May 20, 2021

Joint STATUS REPORT by U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY. (Norman, Erika) (Entered: 05/20/2021)

RECAP
May 20, 2021

MINUTE ORDER. Upon consideration of the parties' 10 Joint Status Report, the stay in this matter is hereby lifted. The parties shall adhere to the following schedule: Defendants shall file their unopposed motion to consolidate by May 27, 2021 and motion to dismiss by June 11, 2021; Plaintiffs shall file their opposition to the motion to dismiss by July 2, 2021; Defendants shall file their reply, if any, by July 16, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/20/2021. (lctnm3)

May 20, 2021

.Order

11 May 27, 2021

Unopposed MOTION to Consolidate Cases by U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Norman, Erika) (Entered: 05/27/2021)

RECAP
12 May 28, 2021

ORDER granting Defendants' 11 Unopposed Motion to Consolidate Cases. See attached for further details. Signed by Judge Trevor N. McFadden on 5/28/2021. (lctnm3) (Entered: 05/28/2021)

RECAP
May 28, 2021

Cases Consolidated. Case 21-1198 has been consolidated with case 20-3438, pursuant to an Order entered 5/28/2021. From this date forward, all pleadings shall be filed ONLY in the lead case 20-3438. (eg)

June 4, 2021

Notice (Other)

13 June 11, 2021

Unopposed MOTION Relief from Requirement of Local Rule 7(n) to file Administrative Record Index by U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Norman, Erika) (Entered: 06/11/2021)

RECAP
14 June 11, 2021

MOTION to Dismiss Complaints in Consolidated Cases by U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit Exhibit A-Directive, # 2 Exhibit Exhibit B-Instruction Manual, # 3 Text of Proposed Order)(Norman, Erika) (Entered: 06/11/2021)

RECAP
June 11, 2021

MINUTE ORDER granting Defendants' 13 Unopposed Motion Relief from Requirement of Local Rule 7(n) to file Administrative Record Index. Unless otherwise ordered by the Court, the Government need not file a certified list of the contents of the administrative record. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/11/2021. (lctnm3)

June 11, 2021

Order on Motion for Miscellaneous Relief

15 June 29, 2021

STIPULATION and PROPOSED ORDER TO AMEND COMPLAINT AND SET BRIEFING SCHEDULE by BRUCE ANDERSON, LINDA HUHN, KEVIN LYNN, MASSACHUSETTS COALITION FOR IMMIGRATION REFORM, ROB MEYER. (Axelrod, Julie) (Entered: 06/29/2021)

RECAP
16 June 30, 2021

ORDER. Upon consideration of the parties' 15 Stipulation and Proposed Order to Amend Complaint and Set Briefing Schedule, it is hereby ORDERED that the parties shall adhere to the attached schedule. It is further ORDERED that Defendants' 14 Motion to Dismiss is DENIED as moot. Further requests for extension will be disfavored. Signed by Judge Trevor N. McFadden on 6/30/2021. (lctnm3) (Entered: 06/30/2021)

RECAP
July 1, 2021

Set/Reset Deadlines: Amended Complaint due by 9/3/2021. Defendant's response due by 11/3/2021. Plaintiff's opposition due by 12/3/2021. Defendant's reply due by 12/17/2021. (hmc)

July 1, 2021

Set/Reset Deadlines

17 Sept. 3, 2021

AMENDED COMPLAINT against U.S. DEPARTMENT OF HOMELAND SECURITY, US DEPARTMENT OF STATE, US DEPARTMENT OF JUSTICE filed by LINDA HUHN, BRUCE ANDERSON, KEVIN LYNN, MASSACHUSETTS COALITION FOR IMMIGRATION REFORM, ROB MEYER, Steven Chance Smith, Gail Getzwiller. (Attachments: # 1 Summons Department of Justice, # 2 Summons Department of State)(Axelrod, Julie) (Entered: 09/03/2021)

1 Summons Department of Justice

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2 Summons Department of State

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Clearinghouse
18 Sept. 8, 2021

SUMMONS (2) Issued Electronically as to US DEPARTMENT OF JUSTICE, US DEPARTMENT OF STATE. (zjf) (Entered: 09/08/2021)

RECAP
19 Nov. 3, 2021

MOTION to Dismiss First Amended Complaint by U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, US DEPARTMENT OF JUSTICE, US DEPARTMENT OF STATE. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Text of Proposed Order)(Norman, Erika) (Entered: 11/03/2021)

RECAP
20 Nov. 3, 2021

Unopposed MOTION Relief from the Requirements of Local Rule 7(N) re 19 MOTION to Dismiss First Amended Complaint by U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, US DEPARTMENT OF JUSTICE, US DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order Proposed Order)(Norman, Erika) (Entered: 11/03/2021)

RECAP
Nov. 4, 2021

MINUTE ORDER granting Defendants' 20 Unopposed Motion for Relief from the Requirements of Local Rule 7(n). Defendants need not comply with Rule 7(n) until otherwise directed by this Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/4/2021. (lcntm3)

Nov. 4, 2021

Order on Motion for Miscellaneous Relief

21 Nov. 12, 2021

PROPOSED BRIEFING SCHEDULE re 16 Order, by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, US DEPARTMENT OF JUSTICE, US DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Duffy, Sean) (Entered: 11/12/2021)

RECAP
Nov. 12, 2021

MINUTE ORDER granting Defendants' 21 Proposed Briefing Schedule. Plaintiffs shall file their motion to dismiss on or before December 17, 2021. Defendants shall file a reply, if necessary, on or before January 14, 2022. Future extension requests will be denied. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/12/2021. (lctnm3)

Nov. 12, 2021

.Order

Nov. 15, 2021

Set/Reset Deadlines: Plaintiffs' Motion to Dismiss due by 12/17/2021. Defendants' Reply due by 1/14/2022. (hmc)

Nov. 15, 2021

Set/Reset Deadlines

22 Dec. 17, 2021

Memorandum in opposition to re 19 MOTION to Dismiss First Amended Complaint and Opposition to Motion filed by BRUCE ANDERSON, GAIL GETZWILLER, LINDA HUHN, KEVIN LYNN, MASSACHUSETTS COALITION FOR IMMIGRATION REFORM, ROB MEYER, STEVEN CHANCE SMITH. (Attachments: # 1 Exhibit 1. Declaration of Steven Chance Smith, # 2 Exhibit 2. Declaration of Gail Getzwiller, # 3 Exhibit 3. Declaration of Kevin Lynn, # 4 Exhibit 4. Declaration of Linda Huhn, # 5 Exhibit 5. Declaration of Bruce Anderson, # 6 Exhibit 6. Declaration of Rob Meyer, # 7 Exhibit 7. Declaration of Henry Barbaro, # 8 Exhibit 8. Declaration of Steve Cropper, # 9 Exhibit 9. Declaration of Todd Bensman)(Axelrod, Julie) (Entered: 12/17/2021)

RECAP
23 Jan. 14, 2022

REPLY to opposition to motion re 19 MOTION to Dismiss First Amended Complaint filed by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, US DEPARTMENT OF JUSTICE, US DEPARTMENT OF STATE. (Duffy, Sean) (Entered: 01/14/2022)

RECAP
24 Feb. 9, 2022

NOTICE OF SUPPLEMENTAL AUTHORITY by DEPARTMENT OF HOMELAND SECURITY, US DEPARTMENT OF JUSTICE, US DEPARTMENT OF STATE (Attachments: # 1 Exhibit A (Order))(Norman, Erika) (Entered: 02/09/2022)

RECAP
25 May 12, 2022

NOTICE OF SUPPLEMENTAL AUTHORITY by DEPARTMENT OF HOMELAND SECURITY, US DEPARTMENT OF JUSTICE, US DEPARTMENT OF STATE (Attachments: # 1 Exhibit A (Order in Arizona v. Mayorkas))(Norman, Erika) (Entered: 05/12/2022)

RECAP
26 June 17, 2022

NOTICE OF SUPPLEMENTAL AUTHORITY by BRUCE ANDERSON, GAIL GETZWILLER, LINDA HUHN, KEVIN LYNN, MASSACHUSETTS COALITION FOR IMMIGRATION REFORM, ROB MEYER, STEVEN CHANCE SMITH (Attachments: # 1 Exhibit A. NEPA Implementing Regulations)(Axelrod, Julie) (Entered: 06/17/2022)

RECAP
27 Aug. 11, 2022

MEMORANDUM ORDER granting in part and denying in part Defendants' 19 Motion to Dismiss. See attached order for details. Signed by Judge Trevor N. McFadden on 8/11/2022. (lctnm3) (Entered: 08/11/2022)

Clearinghouse
28 Aug. 11, 2022

ORDER setting an Initial Telephonic Scheduling Conference for September 29, 2022 at 3:30 p.m. before Judge Trevor N. McFadden. See attached Order for details. Signed by Judge Trevor N. McFadden on 8/11/2022. (lctnm3) (Entered: 08/11/2022)

RECAP
Aug. 11, 2022

Set/Reset Deadlines/Hearings: Answer due by 9/26/2022. Telephonic Initial Scheduling Conference set for 9/29/2022 at 3:30 PM before Judge Trevor N. McFadden. (hmc)

Aug. 11, 2022

Set/Reset Deadlines/Hearings

29 Sept. 12, 2022

Unopposed MOTION for Extension of Time to File Answer re 17 Amended Complaint, by U.S. CITIZENSHIP AND IMMIGRATION SERVICES, US DEPARTMENT OF JUSTICE, US DEPARTMENT OF STATE. (Duffy, Sean) (Entered: 09/12/2022)

RECAP
Sept. 12, 2022

MINUTE ORDER granting the 29 Motion for Extension of Time to File Answer. Defendants shall file their Answer on or before October 17, 2022. Additionally, the telephonic initial status conference in this matter is rescheduled to Friday, October 21 at 10:30 AM. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/12/2022. (lctnm3)

Sept. 12, 2022

Set/Reset Deadlines/Hearings: Answer due by 10/17/2022. Telephonic Initial Scheduling Conference rescheduled to 10/21/2022 at 10:30 AM before Judge Trevor N. McFadden. (hmc)

Sept. 12, 2022

Order on Motion for Extension of Time to Answer

Sept. 12, 2022

Set/Reset Deadlines/Hearings

30 Sept. 22, 2022

NOTICE (Joint) Re: Meet and Confer Statement by DEPARTMENT OF HOMELAND SECURITY, US DEPARTMENT OF JUSTICE, US DEPARTMENT OF STATE re Set/Reset Deadlines/Hearings (Norman, Erika) (Entered: 09/22/2022)

RECAP
Oct. 12, 2022

NOTICE of Rescheduled Hearing: The parties shall take notice that the Telephonic Initial Scheduling Conference previously set for 10/21/2022 is rescheduled to 10/20/2022 at 10:30 AM before Judge Trevor N. McFadden. (hmc)

Oct. 12, 2022

Notice of Hearing

31 Oct. 14, 2022

MEET AND CONFER STATEMENT. (Norman, Erika) (Entered: 10/14/2022)

RECAP
32 Oct. 17, 2022

ANSWER to 17 Amended Complaint, by U.S. CITIZENSHIP AND IMMIGRATION SERVICES, US DEPARTMENT OF JUSTICE, US DEPARTMENT OF STATE.(Duffy, Sean) (Entered: 10/17/2022)

RECAP
Oct. 20, 2022

Minute Entry for proceedings held before Judge Trevor N. McFadden: Telephonic Status Conference held on 10/20/2022. The Government is directed to turn over the administrative record by 12/15/2022. The parties shall meet and confer by the week of 1/9/2023. The parties shall submit one-page briefs outlining what, if any, discovery they are seeking by 1/17/2023. If the parties agree that discovery is not necessary, the parties shall file a proposed briefing schedule for summary judgment. Status Conference set for 1/19/2023 at 3:00 PM in Courtroom 2- In Person before Judge Trevor N. McFadden. (Court Reporter: Lisa Edwards.) (hmc)

Oct. 20, 2022

~Util - Set/Reset Deadlines/Hearings AND Status Conference

33 Dec. 15, 2022

ADMINISTRATIVE RECORD Notice of Filing Certified List of Contents by DEPARTMENT OF HOMELAND SECURITY, US DEPARTMENT OF JUSTICE, US DEPARTMENT OF STATE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Norman, Erika) (Entered: 12/15/2022)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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RECAP
Dec. 16, 2022

NOTICE of Rescheduled Hearing: The parties shall take notice that the Status Conference previously set for 1/19/2023 is rescheduled to 1/26/2023 at 2:00 PM in Courtroom 2- In Person before Judge Trevor N. McFadden. (hmc)

Dec. 16, 2022

Notice of Hearing

Jan. 26, 2023

Minute Entry for proceedings held before Judge Trevor N. McFadden: Status Conference held on 1/26/2023. Plaintiff's Motion for Summary Judgment due by 2/27/2023. Government's Cross-Motion and Opposition due by 4/13/2023. Plaintiff's Opposition and Reply or Motion for Discovery due by 5/12/2023. Government's Opposition to Plaintiff's Motion for Discovery or Reply to its Cross-Motion due by 6/2/2023. (Court Reporter: Lisa Edwards.) (hmc)

Jan. 27, 2023

~Util - Set/Reset Deadlines AND Status Conference

34 Feb. 27, 2023

MOTION for Summary Judgment by BRUCE ANDERSON, GAIL GETZWILLER, LINDA HUHN, KEVIN LYNN, MASSACHUSETTS COALITION FOR IMMIGRATION REFORM, ROB MEYER, STEVEN CHANCE SMITH. (Attachments: # 1 Exhibit 1. Declaration of Steven Chance Smith, # 2 Exhibit 2. Declaration of Gail Getzwiller, # 3 Exhibit 3. Declaration of Steve Kropper, # 4 Exhibit 4. Declaration of Kevin Lynn, # 5 Exhibit 5. Declaration of Linda Huhn, # 6 Exhibit 6. Declaration of Bruce Anderson, # 7 Exhibit 7. Declaration of Rob Meyer, # 8 Exhibit 8. Declaration of Henry Barbaro, # 9 Text of Proposed Order)(Axelrod, Julie) (Entered: 02/27/2023)

1 Exhibit 1. Declaration of Steven Chance Smith

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2 Exhibit 2. Declaration of Gail Getzwiller

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3 Exhibit 3. Declaration of Steve Kropper

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4 Exhibit 4. Declaration of Kevin Lynn

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5 Exhibit 5. Declaration of Linda Huhn

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6 Exhibit 6. Declaration of Bruce Anderson

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7 Exhibit 7. Declaration of Rob Meyer

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8 Exhibit 8. Declaration of Henry Barbaro

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9 Text of Proposed Order

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RECAP
35 April 5, 2023

Unopposed MOTION for Leave to File amicus curiae brief by Immigration Reform Law Institute. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Hajec, Christopher) (Entered: 04/05/2023)

RECAP
36 April 5, 2023

NOTICE of Appearance by Christopher Joseph Hajec on behalf of Immigration Reform Law Institute (Hajec, Christopher) (Main Document 36 replaced on 4/6/2023) (zed). (Entered: 04/05/2023)

RECAP
April 5, 2023

Order on Motion for Leave to File

April 5, 2023

MINUTE ORDER granting 35 Unopposed Motion for Leave to File Amicus Curiae Brief. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/5/2023. (lctnm3)

37 April 13, 2023

Cross MOTION for Summary Judgment ; Memorandum in Support by U.S. CITIZENSHIP AND IMMIGRATION SERVICES, US DEPARTMENT OF JUSTICE, US DEPARTMENT OF STATE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Norman, Erika) (Entered: 04/13/2023)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

5 Exhibit 5

View on PACER

RECAP
38 April 13, 2023

Memorandum in opposition to re 34 Motion for Summary Judgment,, filed by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, US DEPARTMENT OF JUSTICE, US DEPARTMENT OF STATE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Norman, Erika) (Entered: 04/13/2023)

RECAP
39 May 1, 2023

MOTION for Leave to File Amicus Curiae Brief by INTERNATIONAL REFUGEE ASSISTANCE PROJECT. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Meyer, Kathryn) (Entered: 05/01/2023)

RECAP
40 May 2, 2023

ERRATA by INTERNATIONAL REFUGEE ASSISTANCE PROJECT re 39 Motion for Leave to File. (Attachments: # 1 Exhibit Amicus Curiae Brief)(Meyer, Kathryn) (Entered: 05/02/2023)

RECAP
May 2, 2023

Order on Motion for Leave to File

May 2, 2023

MINUTE ORDER granting 39 Unopposed Motion for Leave to File Amicus Curiae Brief. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/2/2023. (lctnm3)

41 May 13, 2023

Memorandum in opposition to re 37 Motion for Summary Judgment, and Reply in Support of Plaintiffs' Motion filed by BRUCE ANDERSON, GAIL GETZWILLER, LINDA HUHN, KEVIN LYNN, MASSACHUSETTS COALITION FOR IMMIGRATION REFORM, ROB MEYER, STEVEN CHANCE SMITH. (Attachments: # 1 Exhibit 1. Corrected Declaration for Bruce Anderson)(Axelrod, Julie) (Entered: 05/13/2023)

RECAP
42 May 16, 2023

MOTION to Strike 41 Memorandum in Opposition, as Overlength with Leave to Refile or Alternatively, MOTION for Extension of Time to Respond to Plaintiffs' Overlength Brief by U.S. CITIZENSHIP AND IMMIGRATION SERVICES, US DEPARTMENT OF JUSTICE, US DEPARTMENT OF STATE. (Norman, Erika) (Entered: 05/16/2023)

RECAP
43 May 16, 2023

REPLY to opposition to motion re 34 MOTION for Summary Judgment filed by BRUCE ANDERSON, GAIL GETZWILLER, LINDA HUHN, KEVIN LYNN, MASSACHUSETTS COALITION FOR IMMIGRATION REFORM, ROB MEYER, STEVEN CHANCE SMITH. (Axelrod, Julie) Modified docket relationship on 5/16/2023 (zed). (Entered: 05/16/2023)

RECAP
44 May 16, 2023

Memorandum in opposition to re 37 Motion for Summary Judgment, filed by BRUCE ANDERSON, GAIL GETZWILLER, KEVIN LYNN, MASSACHUSETTS COALITION FOR IMMIGRATION REFORM, ROB MEYER, STEVEN CHANCE SMITH. (See Docket Entry 43 to view document). (zed) (Entered: 05/16/2023)

RECAP
May 16, 2023

Notice of QC

May 16, 2023

Order on Motion to Strike

May 16, 2023

Set/Reset Deadlines

May 16, 2023

Memorandum in opposition to motion

May 16, 2023

NOTICE OF ERROR re 41 Memorandum in Opposition; emailed to jba@cis.org, cc'd 7 associated attorneys -- The PDF file you docketed contained errors: 1. Please note the following deficiency and file/refile document as instructed, 2. Two-part document; second docket entry is required (zed, )

May 16, 2023

MINUTE ORDER: After considering the 42 Motion to Strike or Motion for an Extension of Time, the Court GRANTS Defendants' Motion for an Extension of Time, but DENIES the Motion to Strike. Defendants shall file a Reply not to exceed 36 pages in length on or before June 14, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/16/2023. (lctnm3)

May 16, 2023

Set/Reset Deadlines: Defendants' reply due by 6/14/2023. (hmc)

45 June 14, 2023

REPLY to opposition to motion re 37 Cross MOTION for Summary Judgment ; Memorandum in Support filed by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Norman, Erika) (Entered: 06/14/2023)

RECAP
46 June 15, 2023

Unopposed MOTION for Extension of Time to File Joint Appendix Under Local Rule 7(n) by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Norman, Erika) (Entered: 06/15/2023)

RECAP
June 15, 2023

Set/Reset Deadlines

June 15, 2023

Order on Motion for Extension of Time to

June 15, 2023

MINUTE ORDER granting 46 Unopposed Motion for Extension of Time to File. The parties shall file the Joint Appendix on or before July 7, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/15/2023. (lctnm3)

June 15, 2023

Set/Reset Deadlines: Joint Appendix due by 7/7/2023. (hmc)

47 June 28, 2023

ERRATA Corrected Exhibit 1 by BRUCE ANDERSON, GAIL GETZWILLER, LINDA HUHN, KEVIN LYNN, MASSACHUSETTS COALITION FOR IMMIGRATION REFORM, ROB MEYER, STEVEN CHANCE SMITH re 34 Motion for Summary Judgment,,. (Attachments: # 1 Declaration of Steven Chance Smith)(Axelrod, Julie) (Entered: 06/28/2023)

RECAP
48 July 6, 2023

JOINT APPENDIX Notice of Filing by DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Exhibit 1 (Index of Joint Appendix), # 2 Exhibit 2 (Part A - DHS Documents), # 3 Exhibit 3 (Part B - DOJ Documents), # 4 Exhibit 4 (Part C - State Documents))(Norman, Erika) (Entered: 07/06/2023)

RECAP
49 July 13, 2023

MOTION to Strike 47 Errata, Corrected Declaration of Steven Chance Smith by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Norman, Erika) (Entered: 07/13/2023)

RECAP
July 24, 2023

.Order AND ~Util - Set/Reset Hearings

July 24, 2023

MINUTE ORDER: The parties are hereby ORDERED to appear for a Motions Hearing on the parties' cross-motions for summary judgment on August 25, 2023 at 10:30 AM in Courtroom 2 before Judge Trevor N. McFadden. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/24/2023. (lctnm3)

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: Nov. 24, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are several individuals located throughout the United States and a non-profit organization which advocates for regulations of immigration and border policies.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

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. Department of Homeland Security

Case Details

Causes of Action:

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

National Environmental Protection Act, 42 U.S.C. §§ 4321–4370f

Other Dockets:

District of District of Columbia 1:20-cv-03438

U.S. Court of Appeals for the District of Columbia Circuit 25-05410

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

None

Source of Relief:

None

Issues

Environmental Justice and Resources:

Environmental Impact Statements

Immigration/Border:

Border police

Border wall

Recommended Citation