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Case Name S.A. et al v. Trump IM-CA-0125
Docket / Court 3:18-cv-03539-LB ( N.D. Cal. )
State/Territory California
Case Type(s) Immigration and/or the Border
Special Collection Trump Immigration Enforcement Order Challenges
Attorney Organization International Refugee Assistance Project (IRAP)
Case Summary
Applicants and beneficiaries of the Central American Minors (CAM) parole program filed this class-action lawsuit on June 13, 2018, challenging the Trump Administration's termination of the program and its revocation of parole for nearly 3,000 children. Seeking declaratory and injunctive relief, as ... read more >
Applicants and beneficiaries of the Central American Minors (CAM) parole program filed this class-action lawsuit on June 13, 2018, challenging the Trump Administration's termination of the program and its revocation of parole for nearly 3,000 children. Seeking declaratory and injunctive relief, as well as that the defendants be equitably estopped, the plaintiffs alleged that the termination of the program violated the Administrative Procedure Act (APA), regulations promulgated by the Department of Homeland Security, and Fifth Amendment due process and equal protection. The plaintiffs were represented by the International Refugee Assistance Project (IRAP) and the law firm Arnold & Porter LLP. The plaintiffs filed in the U.S. District Court for the Northern District of California. The case was assigned to Magistrate Judge Laurel Beeler.

Established in 2014, the Departments of State (DOS) and Homeland Security (DHS) set up CAM as a dual refugee/parole program in response to the dramatic rise in the number of unaccompanied children from the so-called “Northern Triangle” countries of El Salvador, Honduras, and Guatemala crossing the U.S.-Mexico border. The CAM program allowed children from these countries who had at least one parent living lawfully in the U.S. to apply for refugee resettlement or parole while still in their home countries; in the two and a half years it was in operation, the program enabled at least 3,000 people to emigrate to the U.S. However, within a few days of President Trump’s inauguration and without any public announcement, the CAM program stopped processing applications, even those which had already been submitted. On August 16, 2017, DHS formally announced that the CAM program would be terminated and that conditional parole for all CAM beneficiaries who had not yet traveled to the United States would be rescinded.

On July 12, 2018, the plaintiffs moved for a preliminary injunction which would prevent the government from terminating the CAM program and restore the conditional parole approvals that had been rescinded in August 2017, arguing that the continued separation of children from their parents was causing them irreparable harm.

On December 10, 2018, the court granted in part and denied in part the government’s motion to dismiss. 363 F. Supp 3d 1048. Judge Beeler denied the motion to dismiss the plaintiffs' APA claims, finding the government’s mass revocation of conditional parole approval to be unlawful. The judge dismissed all other claims. On the same day, the court ordered the parties to meet and confer about the plaintiffs' preliminary injunction motion from July.

On March 1, 2019, the court granted in part and denied in part the plaintiffs' request for a preliminary injunction. 2019 WL 990680. While Judge Beeler denied the motion to enjoin DHS from terminating the CAM program going forward, the Judge ordered the government to resume processing for the approximately 2,700 children who had already received conditional approval. The government was also prohibited from enacting any policy, procedure, or practice to not process the beneficiaries or to put their processing on hold en masse.

On April 12, 2019, the parties entered into a binding memorandum of understanding. The settlement agreement converts the court’s order into a permanent injunction, over which the court retains jurisdiction to enforce. The agreement requires the government to finish processing those applicants whose applications were in their final stages when the government terminated the CAM program.

On May 17, 2019, the final judgment and order for permanent injunction were filed by the court which finalized the agreement between the two parties. DHS was enjoined from rescinding conditional approvals for the 2,700 individuals who had been approved for parole. Additionally, DHS was ordered to complete the post-conditional approval processing for those 2,700 individuals under the policies that had been in place before January 2017. Finally, DHS was enjoined from adopting any policy or practice that would bar it from processing the 2,700 individuals or putting their processing on hold en masse.

On October 1, 2019, the defendants filed their first status update, which is required of them every three months until the processing is complete. They reported that most of the specific processing items required of them were still in process, but all items, if not completed already, were expected to be completed by the end of October 2019.

The defendants filed additional status reports on December 27, 2019, and March 31, 2020. The case is ongoing.

Alexander Walling - 07/31/2018
Raul Noguera-McElroy - 04/12/2019
Alexandra Gilewicz - 04/15/2019
Christiana Johnson - 10/11/2019
Sam Kulhanek - 04/25/2020


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Content of Injunction
Monitoring
Preliminary relief granted
Reporting
Defendant-type
Jurisdiction-wide
Discrimination-basis
Immigration status
Language discrimination
National origin discrimination
Race discrimination
General
Classification / placement
Disparate Treatment
Family reunification
Juveniles
Loss or damage to property
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Youth / Adult separation
Immigration/Border
Admission - criteria
Admission - procedure
Asylum - procedure
Constitutional rights
Refugees
Visas - criteria
Visas - procedures
Language
Spanish
National Origin/Ethnicity
Hispanic
Plaintiff Type
Private Plaintiff
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Ex parte Young (federal or state officials)
Defendant(s) Department of Homeland Security
Department of State
Plaintiff Description Applicants and beneficiaries of the Central American Minors (CAM) Parole program.
Indexed Lawyer Organizations International Refugee Assistance Project (IRAP)
Class action status sought Yes
Class action status outcome Mooted before ruling
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2019 - n/a
Filed 06/13/2018
Case Closing Year 2019
Case Ongoing Yes
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  Implementation of Executive Order 13768, "Enhancing Public Safety in the Interior of the United States
The Washington Post
Date: May 22, 2017
By: Jefferson Sessions (U.S. Department of Justice)
[ Detail ] [ External Link ]

  Re: Implementing the President's Border Security and Immigration Enforcement Improvements Policies (Final, 2/20/2017)
dhs.gov
Date: Feb. 20, 2017
By: DHS Secretary John Kelly (United States Department of Homeland Security)
[ Detail ] [ PDF ] [ External Link ]

  Re: Enforcement of the Immigration Laws to Serve the National Interest (Final, 2/20/2017)
dhs.gov
Date: Feb. 20, 2017
By: DHS Secretary John Kelly (United States Department of Homeland Security)
[ Detail ] [ PDF ] [ External Link ]

  Executive Order 13767: Border Security and Immigration Enforcement Improvements
Federal Register
Date: Jan. 27, 2017
By: President Donald Trump (Office of the President)
Citation: 82 Fed. Reg. Presidential Documents 8793 (Jan. 27, 2017)
[ Detail ] [ PDF ]

  Executive Order 13768: Enhancing Public Safety in the Interior of the United States
Federal Register
Date: Jan. 25, 2017
By: President Donald Trump (Office of the President)
[ Detail ] [ PDF ] [ External Link ]

Court Docket(s)
N.D. Cal.
03/31/2020
3:18-cv-3539
IM-CA-0125-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
N.D. Cal.
06/13/2018
Class Action Complaint for Declaratory and Injunctive Relief [ECF# 1]
IM-CA-0125-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
not recorded
06/14/2018
Groups File Class Action Challenge to Trump Administration's Termination of Humanitarian Parole Program for Central American Children
IM-CA-0125-0003.pdf | External Link | Detail
N.D. Cal.
06/19/2018
Order Granting Motion for Appointments of Guardians and Litem [ECF# 19] (2018 WL 3054794)
IM-CA-0125-0002.pdf | WESTLAW | Detail
Source: PACER [Public Access to Court Electronic Records]
N.D. Cal.
08/24/2018
Defendants' Motion to Dismiss [ECF# 31]
IM-CA-0125-0006.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
N.D. Cal.
08/24/2018
Memorandum In Opposition to Plaintiffs' Motion for a Preliminary Injunction and In Support of Motion to Dismiss [ECF# 32] (2018 WL 7892086)
IM-CA-0125-0007.pdf | WESTLAW | Detail
Source: PACER [Public Access to Court Electronic Records]
N.D. Cal.
10/12/2018
Plaintiffs' Statement of Recent Decision Relevant to Motion for Preliminary Injunction [ECF# 41]
IM-CA-0125-0008.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
N.D. Cal.
12/10/2018
Order Granting in Part and Denying in Part Defendants' Motion to Dismiss [ECF# 51] (363 F.Supp.3d 1048)
IM-CA-0125-0004.pdf | WESTLAW| LEXIS | Detail
Source: PACER [Public Access to Court Electronic Records]
N.D. Cal.
03/01/2019
Order Granting in Part and Denying in Part Plaintiffs' Motion for Preliminary Injunction [ECF# 77] (2019 WL 990680)
IM-CA-0125-0005.pdf | WESTLAW | Detail
Source: PACER [Public Access to Court Electronic Records]
N.D. Cal.
04/12/2019
Binding Memorandum of Agreement; Proposed Order [ECF# 90] (2019 WL 1593229)
IM-CA-0125-0010.pdf | WESTLAW | Detail
Source: PACER [Public Access to Court Electronic Records]
N.D. Cal.
05/17/2019
Stipulated Final Judgment and Order for Permanent Injunction [ECF# 99]
IM-CA-0125-0011.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
N.D. Cal.
10/01/2019
Defendants' Second Quarterly Report [ECF# 102]
IM-CA-0125-0012.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
N.D. Cal.
12/27/2019
Defendant's Third Quarterly Report [ECF# 103]
IM-CA-0125-0013.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
N.D. Cal.
03/31/2020
Defendant's Fourth Quarterly Report [ECF# 104]
IM-CA-0125-0014.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Beeler, Laurel (N.D. Cal.) [Magistrate] show/hide docs
IM-CA-0125-0002 | IM-CA-0125-0004 | IM-CA-0125-0005 | IM-CA-0125-0011 | IM-CA-0125-9000
Plaintiff's Lawyers Asimow, Daniel B. (California) show/hide docs
IM-CA-0125-0001 | IM-CA-0125-0008 | IM-CA-0125-0010 | IM-CA-0125-9000
Campos, Dana O. (District of Columbia) show/hide docs
IM-CA-0125-0001 | IM-CA-0125-0008 | IM-CA-0125-0010
Cox, Justin Bryan (Georgia) show/hide docs
IM-CA-0125-0010 | IM-CA-0125-9000
Evarts, Linda (New York) show/hide docs
IM-CA-0125-0001 | IM-CA-0125-0008 | IM-CA-0125-0010 | IM-CA-0125-9000
Fine, Matthew Harrison (California) show/hide docs
IM-CA-0125-0001 | IM-CA-0125-0008 | IM-CA-0125-9000
Flores, Gaela K. Gehring (District of Columbia) show/hide docs
IM-CA-0125-0001 | IM-CA-0125-0008 | IM-CA-0125-0010
Freedman, John A. (District of Columbia) show/hide docs
IM-CA-0125-0001 | IM-CA-0125-0008 | IM-CA-0125-0010 | IM-CA-0125-9000
Geraci, Phil A. (New York) show/hide docs
IM-CA-0125-0001 | IM-CA-0125-0008 | IM-CA-0125-0010
Hirose, Mariko (New York) show/hide docs
IM-CA-0125-0001 | IM-CA-0125-0008 | IM-CA-0125-0010 | IM-CA-0125-9000
Hu, Susan Shanke (New York) show/hide docs
IM-CA-0125-0001 | IM-CA-0125-0008 | IM-CA-0125-0010
Meyer, Kathryn Claire (New York) show/hide docs
IM-CA-0125-0001 | IM-CA-0125-0008 | IM-CA-0125-0010 | IM-CA-0125-9000
Morris, Mateo (District of Columbia) show/hide docs
IM-CA-0125-0001 | IM-CA-0125-0008 | IM-CA-0125-0010
Weiner, David J. (District of Columbia) show/hide docs
IM-CA-0125-0001 | IM-CA-0125-0008 | IM-CA-0125-0010 | IM-CA-0125-9000
Defendant's Lawyers Anderson, David Lloyd (California) show/hide docs
IM-CA-0125-0010 | IM-CA-0125-0013 | IM-CA-0125-0014
Daw, Alison E (California) show/hide docs
IM-CA-0125-9000
Garbers, Wendy Marie (California) show/hide docs
IM-CA-0125-0006 | IM-CA-0125-0007 | IM-CA-0125-0010 | IM-CA-0125-0012 | IM-CA-0125-0013 | IM-CA-0125-0014 | IM-CA-0125-9000
Tse, Alex G. (California) show/hide docs
IM-CA-0125-0007

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