Case: Mayor and City Council of Baltimore v. Trump

1:18-cv-03636 | U.S. District Court for the District of Maryland

Filed Date: Nov. 28, 2018

Case Ongoing

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Case Summary

This case is one of several brought nationwide by States, counties, and nonprofit organizations challenging the Trump administration's revised public charge rule, which expands the types of programs that the federal government will consider in public charge determinations to now also include previously excluded health, nutrition, and housing programs. This case was filed in the fall of 2018, after the State Department made changes to its Foreign Affairs Manual (FAM) that revised the public charge rule. The State Department officially implemented the rule in the fall of 2019, shortly after DHS announced its own implementation of the rule. Although the DHS rule was quickly enjoined, the State Department's rule wasn't enjoined until July 29, 2020 in Make the Road New York v. Pompeo. On February 2, 2021, President Biden issued an Executive Order calling for government agencies to review actions related to the implementation of the public charge rule. While DHS formally abandoned the rule on March 9, 2021, the State Department's rule is still official policy, though still enjoined.

The Mayor and City Council of Baltimore Sue Over Changes to the Public Charge Rule in the Foreign Affairs Manual

On November 28, 2018, the Mayor and City Council of Baltimore, Maryland filed this lawsuit in the U.S. District Court for the District of Maryland. The City sued U.S. President Donald Trump, U.S. Secretary of State Michael Pompeo, and the U.S. Department of State (DOS) under the Administrative Procedure Act (APA) and Bivens for violations of Fifth Amendment equal protection. The plaintiffs, represented by the Democracy Forward Foundation and the City of Baltimore Department of Law, sought attorneys’ fees and declaratory and injunctive relief prohibiting defendants from enforcing January 2018 changes to the State Department’s Foreign Affairs Manual. The changes were to instructions to consular officers on how to determine the likelihood a visa applicant would become a public charge if admitted to the United States. The City alleged that the increase in public benefit listed in the new definition would, in effect, decrease the number of immigrants eligible to apply for visas. The changes were made without providing the public legally required notice, explanation, and opportunity for comment. The case was assigned to Judge Ellen Hollander.

The changes to the FAM increased the types of programs that the federal government would consider in public charge determinations to now also include previously excluded health, nutrition, and housing programs. The Immigration and Nationality Act (INA) provides that if a consular officer finds that a person seeking a visa is likely to become a public charge, that person is “inadmissible.” Thus, an immigrant who uses non-cash benefits such as food stamps or Medicaid may be found more likely to be a public charge and inadmissible for purposes of a visa. The plaintiffs asserted that the effect of this Rule would be to force immigrant families to choose between using these benefits or risk failing to gain entry to the U.S.

Defendants Move to Dismiss

The defendants moved to dismiss the complaint on February 25, 2019. They argued that the City of Baltimore lacked subject matter jurisdiction and failed to state a claim upon which relief could be granted. Moreover, even if the City overcame these hurdles, the defendants argued that it still failed to plausibly allege that the FAM changes violated either the APA or equal protection.

On September 20, 2019, Judge Hollander denied the motion. She held that the City was affected by the changes and could sue on behalf of the immigrants affected. She also found that sufficient allegations had been provided to sue President Trump under the equal protection claim. Finally, she upheld the APA claim on the grounds that changes to the FAM are subject to notice and comment, and that there could be grounds for an injunction.

The Rule is Officially Implemented by the State Department

On October 11, 2019, the Department of Homeland Security's similar public charge rule (DHS Rule) began to be enjoined by courts around the country. That same day, DOS formalized the changes to the FAM by implementing the Interim Final Rule. This rule mirrored the DHS Rule, explicitly expanding the definition of "public charge" for the purposes of granting visas.

The Fight Over Discovery

On October 20, defendants filed their answer to the complaint, and a Scheduling Order for discovery was issued on November 5.

On top of requesting documents from DOS, the City requested interrogatories of Secretary Pompeo and President Trump. In response, the defendants moved to amend the Scheduling Order on November 18, arguing that no discovery was needed beyond production of the administrative record.

What followed was a "flurry of submissions," and on December 19, Judge Hollander granted the motion in part. She vacated the previous Scheduling Order and denied discovery beyond the administrative record on the equal protection claim, holding that the plaintiffs were not entitled to discovery because this was an immigration issue and that the administrative record would suffice. However, she denied the motion for the APA claims, finding that the plaintiffs could proceed with the administrative record and pursue extra-record discovery afterward if needed. 429 F.Supp.3d 128.

On February 7, 2020, the City supplemented its complaint to include the Interim Final Rule.

Parties Move for Summary Judgment

On May 15, the plaintiffs moved for summary judgment.

On June 12, the defendants moved to dismiss for lack of subject matter jurisdiction and also filed a cross motion for summary judgment.

The FAM Changes and the Interim Final Rule are Enjoined

On July 29, the FAM changes and the Interim Final Rule were enjoined nationwide by the District Court for the Southern District of New York in Make the Road New York v. Pompeo. 475 F.Supp.3d 232. The DHS Rule was similarly enjoined in State of New York v. DHS. 2020 WL 4347264.

Subsequently, on August 6, Judge Hollander ordered the parties to explain to the court the import of these cases.

Changes with the Biden Administration

On February 2, 2021, President Biden issued an Executive Order calling for government agencies to review actions related to the implementation of the public charge rule.

On February 19, defendants moved to stay proceedings while the new administration reevaluated the rule. The court granted the motion that same day, ordering a status report due by May 24.

On March 9, DHS formally abandoned the rule. DOS, however, did not.

As of March 14, 2021, the FAM revisions and Interim Final Rule are enjoined nationwide. The court has yet to rule on summary judgment, and proceedings are currently on hold until May 24, 2021.

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Summary Authors

Ashton Dubey (10/2/2019)

Jack Kanarek (3/14/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8336496/parties/mayor-and-city-council-of-baltimore-v-biden/

Judge(s)

Attorney for Plaintiff

Conley, Danielle (District of Columbia)

Attorney for Defendant

Expert/Monitor/Master/Other

Baluch, Ejaz Hussain Jr. (Maryland)

Barbero, Megan (District of Columbia)

Bondy, Thomas M. (District of Columbia)

Davis, Peter E (District of Columbia)

Judge(s)

Hollander, Ellen Lipton (Maryland)

Attorney for Plaintiff

Conley, Danielle (District of Columbia)

Farmer, Emily (District of Columbia)

Jennings, Molly (District of Columbia)

Jones, Karianne M. (District of Columbia)

Lewis, John T. (District of Columbia)

Martinez, Elizabeth (New Mexico)

Paikin, Jonathan E (District of Columbia)

Sangree, Suzanne (Maryland)

Seel, Benjamin (District of Columbia)

Yood, Jamie (District of Columbia)

Attorney for Defendant

Luh, James C. (District of Columbia)

Expert/Monitor/Master/Other

Baluch, Ejaz Hussain Jr. (Maryland)

Barbero, Megan (District of Columbia)

Bondy, Thomas M. (District of Columbia)

Davis, Peter E (District of Columbia)

Grogg, Adam Anderson (District of Columbia)

Havemann, William Ernest (District of Columbia)

Kathawala, Rene (New York)

Lattner, Edward Barry (Maryland)

Letter, Douglas (District of Columbia)

Nannery, Valerie M (District of Columbia)

Tatelman, Todd B. (District of Columbia)

Verduzco, Brenda Ayon (California)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:18-cv-03636	Docket [PACER] Mayor and City Council Of Baltimore v. Trump	Feb. 22, 2021	Feb. 22, 2021 Docket
1 1:18-cv-03636	Complaint	Nov. 28, 2018	Nov. 28, 2018 Complaint
59 1:18-cv-03636	Memorandum Opinion	Sept. 20, 2019	Sept. 20, 2019 Order/Opinion 416 F.Supp.3d 416
88 1:18-cv-03636	Memorandum Opinion	Dec. 19, 2019	Dec. 19, 2019 Order/Opinion 429 F.Supp.3d 429
99 1:18-cv-03636	Supplemental Complaint for Declaratory and Injunctive Relief	Feb. 27, 2020	Feb. 27, 2020 Complaint
116 1:18-cv-03636	Corrected Brief of United States House of Representatives as Amicus Curiae in Support of Plaintiff's Motion for Summary Judgment	May 26, 2020	May 26, 2020 Pleading / Motion / Brief

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Resources

Title	Description		External URL Date / External URL
Baltimore v. Trump Democracy Forward	In January 2018, the Trump Administration made an unlawful, under-the-radar change to the State Department’s definition of “public charge,” a provision in immigration law that limits who may come to …	May 15, 2020	May 15, 2020 https://democracyforward.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/8336496/mayor-and-city-council-of-baltimore-v-biden/

Last updated March 3, 2024, 3:03 a.m.

ECF Number	Description	Date	Link Date / Link
6	Summons Issued 60 days as to Michael R. Pompeo, Donald J. Trump, U.S. Department of State, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 U.S. Department of State, # 2 Pompeo, # 3 U.S. Attorney General, # 4 U.S. Attorney for MD)(hmls, Deputy Clerk) (Entered: 11/28/2018) 1 U.S. Department of State View on PACER 2 Pompeo View on PACER 3 U.S. Attorney General View on PACER 4 U.S. Attorney for MD View on PACER	Nov. 28, 2018	Nov. 28, 2018 PACER
5	MOTION to Appear Pro Hac Vice for John T. Lewis (Filing fee $100, receipt number 0416-7693097.) by Mayor and City Council Of Baltimore(Sangree, Suzanne) (Entered: 11/28/2018)	Nov. 28, 2018	Nov. 28, 2018 PACER
4	MOTION to Appear Pro Hac Vice for Karianne M. Jones (Filing fee $100, receipt number 0416-7693096.) by Mayor and City Council Of Baltimore(Sangree, Suzanne) (Entered: 11/28/2018)	Nov. 28, 2018	Nov. 28, 2018 PACER
3	MOTION to Appear Pro Hac Vice for Javier M. Guzman (Filing fee $100, receipt number 0416-7693095.) by Mayor and City Council Of Baltimore(Sangree, Suzanne) (Entered: 11/28/2018)	Nov. 28, 2018	Nov. 28, 2018 PACER
2	Local Rule 103.3 Disclosure Statement by Mayor and City Council Of Baltimore (Sangree, Suzanne) (Entered: 11/28/2018)	Nov. 28, 2018	Nov. 28, 2018 PACER
1	COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0416-7693089.), filed by Mayor and City Council Of Baltimore. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons)(Sangree, Suzanne) (Entered: 11/28/2018) 1 Exhibit View on RECAP 2 Civil Cover Sheet View on PACER 3 Summons View on PACER 4 Summons View on PACER 5 Summons View on PACER 6 Summons View on PACER 7 Summons View on PACER	Nov. 28, 2018	Nov. 28, 2018 RECAP
8	PAPERLESS ORDER granting 5 Motion to Appear Pro Hac Vice on behalf of John T Lewis. Directing attorney John T Lewis to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 11/30/2018. (srds, Deputy Clerk) (Entered: 11/30/2018)	Nov. 30, 2018	Nov. 30, 2018 PACER
7	PAPERLESS ORDER granting 4 Motion to Appear Pro Hac Vice on behalf of Karianne Jones. Directing attorney Karianne Jones to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 11/30/2018. (srds, Deputy Clerk) (Entered: 11/30/2018)	Nov. 30, 2018	Nov. 30, 2018 PACER
9	PAPERLESS ORDER denying 3 motion for admission pro hac vice of Javier M. Guzman. Signed by Judge Ellen L. Hollander on 11/30/2018. (srd, Deputy Clerk) (Entered: 12/03/2018)	Dec. 3, 2018	Dec. 3, 2018 PACER
10	SUMMONS Returned Executed by Mayor and City Council Of Baltimore. All Defendants. (Attachments: # 1 Affidavit)(Lewis, John) (Entered: 12/10/2018) 1 Affidavit View on PACER	Dec. 10, 2018	Dec. 10, 2018 PACER
	Set/Reset Deadlines: Michael R. Pompeo answer due 2/1/2019; Donald J. Trump answer due 2/1/2019; U.S. Department of State answer due 2/1/2019. (hmls, Deputy Clerk)	Dec. 11, 2018	Dec. 11, 2018 PACER
	Set/Reset Deadlines	Dec. 11, 2018	Dec. 11, 2018 PACER
14	ORDER DENYING 12 Motion to Stay. Signed by Judge Ellen L. Hollander on 1/16/2019. (hmls, Deputy Clerk) (Entered: 01/17/2019)	Jan. 16, 2019	Jan. 16, 2019 PACER
13	RESPONSE in Opposition re 12 MOTION for Extension of Time to File Answer re 1 Complaint, MOTION to Stay (Motion for a Stay in Light of Lapse of Appropriations) filed by Mayor and City Council Of Baltimore.(Lewis, John) (Entered: 01/16/2019)	Jan. 16, 2019	Jan. 16, 2019 PACER
12	MOTION for Extension of Time to File Answer re 1 Complaint,, MOTION to Stay (Motion for a Stay in Light of Lapse of Appropriations) by Michael R. Pompeo, Donald J. Trump, U.S. Department of State(Luh, James) (Entered: 01/16/2019)	Jan. 16, 2019	Jan. 16, 2019 PACER
11	NOTICE of Appearance by James C Luh on behalf of All Defendants (Luh, James) (Entered: 01/16/2019)	Jan. 16, 2019	Jan. 16, 2019 PACER
15	ORDER directing Defendants to file a responsive pleading or show cause for failing to do so by 2/28/2019. Signed by Judge Ellen L. Hollander on 2/22/19. (krs, Deputy Clerk) (Entered: 02/22/2019)	Feb. 22, 2019	Feb. 22, 2019 PACER
18	Marginal ORDER GRANTING 16 Motion for Leave to File Excess Pages; REMINDING counsel that motions should include proposed orders. Signed by Judge Ellen L. Hollander on 2/25/2019. (hmls, Deputy Clerk) (Entered: 02/26/2019)	Feb. 25, 2019	Feb. 25, 2019 PACER
17	MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim(Motion to Dismiss for Lack of Subject Matter Jurisdiction or for Failure to State a Claim) by Michael R. Pompeo, Donald J. Trump, U.S. Department of State (Attachments: # 1 Memorandum in Support, # 2 Exhibit A)(Luh, James) (Entered: 02/25/2019) 1 Memorandum in Support View on PACER 2 Exhibit A View on PACER	Feb. 25, 2019	Feb. 25, 2019 PACER
16	Consent MOTION for Leave to File Excess Pages (Unopposed Motion for Leave to File Excess Pages) by Michael R. Pompeo, Donald J. Trump, U.S. Department of State(Luh, James) (Entered: 02/25/2019)	Feb. 25, 2019	Feb. 25, 2019 PACER
19	MOTION to Appear Pro Hac Vice for Benjamin Seel (Filing fee $100, receipt number 0416-7859974.) by Mayor and City Council Of Baltimore (Attachments: # 1 Text of Proposed Order)(Sangree, Suzanne) (Entered: 02/26/2019) 1 Text of Proposed Order View on PACER	Feb. 26, 2019	Feb. 26, 2019 PACER
20	PAPERLESS ORDER granting 19 Motion to Appear Pro Hac Vice on behalf of Benjamin Seel. Directing attorney Benjamin Seel to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 3/1/2019. (srd, Deputy Clerk) (Entered: 03/01/2019)	March 1, 2019	March 1, 2019 PACER
22	ORDER GRANTING 21 Motion for Extension of Time to File Response/Reply re 17 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim (Motion to Dismiss for Lack of Subject Matter Jurisdiction or for Failure to State a Claim) to and including 3/15/2019. Signed by Judge Ellen L. Hollander on 3/5/2019. (hmls, Deputy Clerk) (Entered: 03/05/2019)	March 5, 2019	March 5, 2019 PACER
21	MOTION for Extension of Time to File Response/Reply as to 17 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim(Motion to Dismiss for Lack of Subject Matter Jurisdiction or for Failure to State a Claim) by Mayor and City Council Of Baltimore (Attachments: # 1 Text of Proposed Order)(Lewis, John) (Entered: 03/05/2019) 1 Text of Proposed Order View on PACER	March 5, 2019	March 5, 2019 PACER
24	ORDER GRANTING 23 Motion for Leave to File Excess Pages. Signed by Judge Ellen L. Hollander on 3/12/2019. (hmls, Deputy Clerk) (Entered: 03/13/2019)	March 12, 2019	March 12, 2019 PACER
23	Consent MOTION for Leave to File Excess Pages Unopposed Motion for Leave to File Excess Pages by Mayor and City Council Of Baltimore (Attachments: # 1 Text of Proposed Order)(Lewis, John) (Entered: 03/12/2019) 1 Text of Proposed Order View on PACER	March 12, 2019	March 12, 2019 PACER
25	RESPONSE in Opposition re 17 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim(Motion to Dismiss for Lack of Subject Matter Jurisdiction or for Failure to State a Claim) filed by Mayor and City Council Of Baltimore.(Lewis, John) (Entered: 03/15/2019)	March 15, 2019	March 15, 2019 PACER
26	MOTION to Appear Pro Hac Vice for Brenda Ayon Verduzco (Filing fee $100, receipt number 0416-7905300.) by State of California. (Nannery, Valerie) Modified on 3/21/2019 (hmls, Deputy Clerk). (Entered: 03/21/2019)	March 21, 2019	March 21, 2019 PACER
45	Memorandum re 17 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim(Motion to Dismiss for Lack of Subject Matter Jurisdiction or for Failure to State a Claim) Brief of Amici States filed by State of California.(Nannery, Valerie) (Entered: 03/22/2019)	March 22, 2019	March 22, 2019 PACER
44	Local Rule 103.3 Disclosure Statement by MacArthur Justice Center (Jones, Robert Stanton) (Entered: 03/22/2019)	March 22, 2019	March 22, 2019 PACER
43	Local Rule 103.3 Disclosure Statement by National Immigrant Justice Center (Jones, Robert Stanton) (Entered: 03/22/2019)	March 22, 2019	March 22, 2019 PACER
42	Local Rule 103.3 Disclosure Statement by Black Alliance for Just Immigration (Jones, Robert Stanton) (Entered: 03/22/2019)	March 22, 2019	March 22, 2019 PACER
41	Local Rule 103.3 Disclosure Statement by Americans for Immigrant Justice (Jones, Robert Stanton) (Entered: 03/22/2019)	March 22, 2019	March 22, 2019 PACER
40	Local Rule 103.3 Disclosure Statement by Refugee and Immigrant Center for Education and Legal Services, Inc. (Jones, Robert Stanton) (Entered: 03/22/2019)	March 22, 2019	March 22, 2019 PACER
39	Local Rule 103.3 Disclosure Statement by Muslim Advocates (Jones, Robert Stanton) (Entered: 03/22/2019)	March 22, 2019	March 22, 2019 PACER
38	Local Rule 103.3 Disclosure Statement by LatinoJustice PRLDEF (Jones, Robert Stanton) (Entered: 03/22/2019)	March 22, 2019	March 22, 2019 PACER
37	Local Rule 103.3 Disclosure Statement by Asian Americans Advancing Justice Los Angeles (Jones, Robert Stanton) (Entered: 03/22/2019)	March 22, 2019	March 22, 2019 PACER
36	Local Rule 103.3 Disclosure Statement by Episcopal Refugee and Immigrant Center Alliance (Baluch, Ejaz) (Entered: 03/22/2019)	March 22, 2019	March 22, 2019 PACER
35	Local Rule 103.3 Disclosure Statement by Catholic Charities of of Baltimore, Immigration Legal Services (Baluch, Ejaz) (Entered: 03/22/2019)	March 22, 2019	March 22, 2019 PACER
34	Local Rule 103.3 Disclosure Statement by CASA of Maryland, Inc. (Baluch, Ejaz) (Entered: 03/22/2019)	March 22, 2019	March 22, 2019 PACER
33	Local Rule 103.3 Disclosure Statement by Capital Area Immigrant Rights Coalition (Baluch, Ejaz) (Entered: 03/22/2019)	March 22, 2019	March 22, 2019 PACER
32	Local Rule 103.3 Disclosure Statement by Public Justice Center (Baluch, Ejaz) (Entered: 03/22/2019)	March 22, 2019	March 22, 2019 PACER
31	MOTION for Leave to File Brief of Amici Curiae by Public Justice Center, Capital Area Immigrant Rights Coalition, CASA of Maryland, Inc., Catholic Charities of of Baltimore, Immigration Legal Services, Episcopal Refugee and Immigrant Center Alliance (Attachments: # 1 Exhibit)(Baluch, Ejaz) (Entered: 03/22/2019) 1 Exhibit View on PACER	March 22, 2019	March 22, 2019 PACER
30	Supplemental to 28 MOTION for Leave to File Brief of Amici Curiae 17 Counties and Cities in Support of Plaintiff's Opposition to Defendants' Motion to Dismiss filed by Alameda County, California, Austin, Texas, Boise, Idaho, Los Angeles, California, Marin County, California, Montgomery County, Maryland, Mountain View, California, Oakland, California, Palm Springs, California, Philadelphia, Pennsylvania, Sacramento, California, Santa Cruz County, California, Seattle, Washington, St. Paul, Minnesota, Stockton, California, Tucson, Arizona, West Hollywood, California Proposed Order (Lattner, Edward) (Entered: 03/22/2019)	March 22, 2019	March 22, 2019 PACER
29	PAPERLESS ORDER granting 26 Motion to Appear Pro Hac Vice on behalf of Brenda Ayon Verduzco. Directing attorney Brenda Ayon Verduzco to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 3/22/2019. (srd, Deputy Clerk) (Entered: 03/22/2019)	March 22, 2019	March 22, 2019 PACER
28	MOTION for Leave to File Brief of Amici Curiae 17 Counties and Cities in Support of Plaintiff's Opposition to Defendants' Motion to Dismiss by Montgomery County, Maryland, Oakland, California, Alameda County, California, Austin, Texas, Boise, Idaho, Los Angeles, California, Marin County, California, Mountain View, California, Palm Springs, California, Philadelphia, Pennsylvania, Sacramento, California, St. Paul, Minnesota, Santa Cruz County, California, Seattle, Washington, Stockton, California, Tucson, Arizona, West Hollywood, California (Attachments: # 1 Attachment Proposed Amici Brief)(Lattner, Edward) (Entered: 03/22/2019) 1 Attachment Proposed Amici Brief View on PACER	March 22, 2019	March 22, 2019 PACER
27	MOTION for Leave to File Brief of Amici Curiae Civil Rights Organizations In Support of Plaintiff's Opposition to Defendants' Motion to Dismiss by Asian Americans Advancing Justice Los Angeles, LatinoJustice PRLDEF, Muslim Advocates, Refugee and Immigrant Center for Education and Legal Services, Inc., Americans for Immigrant Justice, MacArthur Justice Center, Black Alliance for Just Immigration, American Immigration Council, National Immigrant Justice Center, Southern Poverty Law Center (Attachments: # 1 Memorandum in Support Brief of Amici Curiae Civil Rights Organizations In Support of Plaintiff's Opposition to Defendants' Motion to Dismiss, # 2 Text of Proposed Order Proposed Order Granting Movants' Motion for Leave to File Brief of Amici Curiae Civil Rights Organizations In Support of Plaintiff's Opposition to Defendants' Motion to Dismiss)(Jones, Robert Stanton) (Entered: 03/22/2019) 1 Memorandum in Support Brief of Amici Curiae Civil Rights Organizations In Suppor View on PACER 2 Text of Proposed Order Proposed Order Granting Movants' Motion for Leave to View on PACER	March 22, 2019	March 22, 2019 PACER
53	BRIEF OF AMICI CURIAE filed by Alameda County, California, Austin, Texas, Boise, Idaho, Los Angeles, California, Marin County, California, Montgomery County, Maryland, Mountain View, California, Oakland, California, Palm Springs, California, Philadelphia, Pennsylvania, Sacramento, California, Santa Cruz County, California, Seattle, Washington, St. Paul, Minnesota, Stockton, California, Tucson, Arizona, West Hollywood, California, in support of Plaintiff's 25 Opposition to Defendants' 17 Motion to Dismiss. (dass, Deputy Clerk) (originally filed 3/22/19) (Entered: 03/25/2019)	March 23, 2019	March 23, 2019 PACER
52	ORDER granting 28 Motion for Leave to File Brief of Amici Curiae. Signed by Judge Ellen L. Hollander on 3/22/2019. (dass, Deputy Clerk)(originally filed 3/22/19) (Entered: 03/25/2019)	March 23, 2019	March 23, 2019 PACER
51	BRIEF OF AMICI CURIAE Civil Rights Organizations filed by American Immigration Council, Americans for Immigrant Justice, Asian Americans Advancing Justice Los Angeles, Black Alliance for Just Immigration, LatinoJustice PRLDEF, MacArthur Justice Center, Muslim Advocates, National Immigrant Justice Center, Refugee and Immigrant Center for Education and Legal Services, Inc., Southern Poverty Law Center, in support of Plaintiff's 25 Opposition to Defendants' 17 Motion to Dismiss. (dass, Deputy Clerk) (originally filed 3/22/19) (Entered: 03/25/2019)	March 23, 2019	March 23, 2019 RECAP
50	ORDER granting 27 Motion for Leave to File Brief of Amici Curiae. Signed by Judge Ellen L. Hollander on 3/22/2019. (dass, Deputy Clerk) (originally filed 3/22/19) (Entered: 03/25/2019)	March 23, 2019	March 23, 2019 PACER
49	BRIEF OF AMICI CURIAE filed by Public Justice Center. Capital Area Immigrant Rights Coalition, CASA of Maryland, Inc., Catholic Charities of of Baltimore, Immigration Legal Services, and Episcopal Refugee and Immigrant Center Alliance, in support of the Plaintiff. (dass, Deputy Clerk) (Originally filed 3/22/18) (Entered: 03/25/2019)	March 23, 2019	March 23, 2019 PACER
48	MARGINAL ORDER granting 31 Motion for Leave to File Brief of Amici Curiae. Signed by Judge Ellen L. Hollander on 3/22/2019. (dass, Deputy Clerk) (Originally filed 3/22/18) (Entered: 03/25/2019)	March 23, 2019	March 23, 2019 PACER
47	Local Rule 103.3 Disclosure Statement by American Immigration Council (Jones, Robert Stanton) (Entered: 03/23/2019)	March 23, 2019	March 23, 2019 PACER
46	Local Rule 103.3 Disclosure Statement by Southern Poverty Law Center (Jones, Robert Stanton) (Entered: 03/23/2019)	March 23, 2019	March 23, 2019 PACER
55	ORDER GRANTING 54 Motion of Defendants for Extension of Time to File Response/Reply re 17 MOTION to Dismiss for Lack of Jurisdiction or for Failure to State a Claim. Reply due 4/25/2019. Signed by Judge Ellen L. Hollander on 3/25/2019. (hmls, Deputy Clerk) (Entered: 03/26/2019)	March 25, 2019	March 25, 2019 PACER
54	MOTION for Extension of Time to File Response/Reply as to 17 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim(Motion to Dismiss for Lack of Subject Matter Jurisdiction or for Failure to State a Claim) (Motion for Extension of Time to File Reply Memorandum in Support of Motion to Dismiss) by Michael R. Pompeo, Donald J. Trump, U.S. Department of State (Attachments: # 1 Text of Proposed Order)(Luh, James) (Entered: 03/25/2019) 1 Text of Proposed Order View on PACER	March 25, 2019	March 25, 2019 PACER
56	REPLY to Response to Motion re 17 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim(Motion to Dismiss for Lack of Subject Matter Jurisdiction or for Failure to State a Claim) (Reply Memorandum in Support of Motion to Dismiss for Lack of Subject Matter Jurisdiction or for Failure to State a Claim) filed by Michael R. Pompeo, Donald J. Trump, U.S. Department of State.(Luh, James) (Entered: 04/25/2019)	April 25, 2019	April 25, 2019 PACER
57	NOTICE by Mayor and City Council Of Baltimore of Supplemental Authority (Attachments: # 1 Exhibit A)(Lewis, John) (Entered: 06/04/2019) 1 Exhibit A View on PACER	June 4, 2019	June 4, 2019 PACER
58	RESPONSE re 57 Notice (Other) (Defendants' Response to Plaintiff's Notice of Supplemental Authority) filed by Michael R. Pompeo, Donald J. Trump, U.S. Department of State.(Luh, James) (Entered: 06/06/2019)	June 6, 2019	June 6, 2019 PACER
60	ORDER DENYING 17 Motion to Dismiss for Lack of Jurisdiction; DENYING 17 Motion to Dismiss for Failure to State a Claim; Defendants' answer due by 10/20/2019. Signed by Judge Ellen L. Hollander on 9/20/2019. (hmls, Deputy Clerk) (Entered: 09/23/2019)	Sept. 20, 2019	Sept. 20, 2019 RECAP
59	MEMORANDUM OPINION. Signed by Judge Ellen L. Hollander on 9/20/2019. (hmls, Deputy Clerk) (Entered: 09/23/2019)	Sept. 20, 2019	Sept. 20, 2019 RECAP
62	MOTION to Withdraw as Attorney by CASA of Maryland, Inc., Capital Area Immigrant Rights Coalition, Catholic Charities of of Baltimore, Immigration Legal Services, Episcopal Refugee and Immigrant Center Alliance, Public Justice Center(Gardner, Debra) (Entered: 09/23/2019)	Sept. 23, 2019	Sept. 23, 2019 RECAP
61	NOTICE of Appearance by Debra Lynn Gardner on behalf of CASA of Maryland, Inc., Capital Area Immigrant Rights Coalition, Catholic Charities of of Baltimore, Immigration Legal Services, Episcopal Refugee and Immigrant Center Alliance, Public Justice Center (Gardner, Debra) (Entered: 09/23/2019)	Sept. 23, 2019	Sept. 23, 2019 RECAP
	Case Assigned/Reassigned	Sept. 24, 2019	Sept. 24, 2019 PACER
	Case reassigned to Judge Stephanie A. Gallagher. Judge Ellen L. Hollander no longer assigned to the case. (cags, Deputy Clerk)	Sept. 24, 2019	Sept. 24, 2019 PACER
63	ORDER granting 62 Motion to Withdraw as Attorney. Attorney Ejaz Hussain Baluch, Jr terminated. Signed by Judge Stephanie A. Gallagher on 10/1/2019. (krs, Deputy Clerk) (Entered: 10/01/2019)	Oct. 1, 2019	Oct. 1, 2019 PACER
66	MOTION to Withdraw as Attorney by State of California (Attachments: # 1 Text of Proposed Order)(Nannery, Valerie) (Entered: 10/11/2019) 1 Text of Proposed Order View on PACER	Oct. 11, 2019	Oct. 11, 2019 PACER
65	NOTICE of Appearance by Michael K Addo on behalf of State of California (Addo, Michael) (Entered: 10/11/2019)	Oct. 11, 2019	Oct. 11, 2019 PACER
64	NOTICE by Michael R. Pompeo, Donald J. Trump, U.S. Department of State (Defendants' Notice of Regulatory Action) (Luh, James) (Entered: 10/11/2019)	Oct. 11, 2019	Oct. 11, 2019 PACER
67	ORDER granting 66 Motion to Withdraw as Attorney. Attorney Valerie M. Nannery terminated. Signed by Judge Stephanie A. Gallagher on 10/15/2019. (cags, Deputy Clerk) (Entered: 10/15/2019)	Oct. 15, 2019	Oct. 15, 2019 PACER
68	ANSWER to 1 Complaint, by Michael R. Pompeo, Donald J. Trump, U.S. Department of State.(Luh, James) (Entered: 10/20/2019)	Oct. 20, 2019	Oct. 20, 2019 PACER
69	SCHEDULING ORDER: Status Report due by 3/19/2020. Signed by Judge Stephanie A. Gallagher on 11/5/2019. (krs, Deputy Clerk) (Entered: 11/05/2019)	Nov. 5, 2019	Nov. 5, 2019 PACER
74	MOTION to Appear Pro Hac Vice for Jamie Yood (Filing fee $100, receipt number 0416-8350494.) by Mayor and City Council Of Baltimore(Farmer, Emily) (Entered: 11/14/2019)	Nov. 14, 2019	Nov. 14, 2019 PACER
73	MOTION to Appear Pro Hac Vice for Molly M. Jennings (Filing fee $100, receipt number 0416-8350493.) by Mayor and City Council Of Baltimore(Farmer, Emily) (Entered: 11/14/2019)	Nov. 14, 2019	Nov. 14, 2019 PACER
72	MOTION to Appear Pro Hac Vice for Danielle Y. Conley (Filing fee $100, receipt number 0416-8350486.) by Mayor and City Council Of Baltimore(Farmer, Emily) (Entered: 11/14/2019)	Nov. 14, 2019	Nov. 14, 2019 PACER
71	MOTION to Appear Pro Hac Vice for Jonathan E. Paikin (Filing fee $100, receipt number 0416-8350479.) by Mayor and City Council Of Baltimore(Farmer, Emily) (Entered: 11/14/2019)	Nov. 14, 2019	Nov. 14, 2019 PACER
70	NOTICE of Appearance by Emily Farmer on behalf of Mayor and City Council Of Baltimore (Farmer, Emily) (Entered: 11/14/2019)	Nov. 14, 2019	Nov. 14, 2019 PACER
79	PAPERLESS ORDER granting 74 Motion to Appear Pro Hac Vice on behalf of Jamie Yood. Directing attorney Jamie Yood to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 11/18/2019. (srd, Deputy Clerk) (Entered: 11/18/2019)	Nov. 18, 2019	Nov. 18, 2019 PACER
78	PAPERLESS ORDER granting 73 Motion to Appear Pro Hac Vice on behalf of Molly M Jennings. Directing attorney Molly M Jennings to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 11/18/2019. (srd, Deputy Clerk) (Entered: 11/18/2019)	Nov. 18, 2019	Nov. 18, 2019 PACER
77	PAPERLESS ORDER granting 72 Motion to Appear Pro Hac Vice on behalf of Danielle Yvette Conley. Attorney Danielle Yvette Conley will receive a separate email with the previously issued CM/ECF login and password. Signed by Clerk on 11/18/2019. (srd, Deputy Clerk) (Entered: 11/18/2019)	Nov. 18, 2019	Nov. 18, 2019 PACER
76	PAPERLESS ORDER granting 71 Motion to Appear Pro Hac Vice on behalf of Jonathan Paikin. Directing attorney Jonathan Paikin to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 11/18/2019. (srd, Deputy Clerk) (Entered: 11/18/2019)	Nov. 18, 2019	Nov. 18, 2019 PACER
75	MOTION to Modify Scheduling Order re 69 Scheduling Order, MOTION to Stay Discovery Pending Resolution of Motion to Modify Scheduling Order by Michael R. Pompeo, Donald J. Trump, U.S. Department of State (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Text of Proposed Order)(Luh, James) (Entered: 11/18/2019) 1 Memorandum in Support View on PACER 2 Text of Proposed Order View on PACER 3 Text of Proposed Order View on PACER	Nov. 18, 2019	Nov. 18, 2019 PACER
	Case reassigned to Judge Ellen L. Hollander. Judge Stephanie A. Gallagher no longer assigned to the case. (cags, Deputy Clerk)	Nov. 19, 2019	Nov. 19, 2019 PACER
	Case Assigned/Reassigned	Nov. 19, 2019	Nov. 19, 2019 PACER
80	STATUS REPORT Joint Status Report Including Plaintiff's Request to Modify Scheduling Order by Mayor and City Council Of Baltimore(Lewis, John) (Entered: 11/19/2019)	Nov. 19, 2019	Nov. 19, 2019 PACER
81	RESPONSE in Opposition re 75 MOTION to Modify Scheduling Order re 69 Scheduling Order MOTION to Stay Discovery Pending Resolution of Motion to Modify Scheduling Order filed by Mayor and City Council Of Baltimore. (Attachments: # 1 Exhibit Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10)(Lewis, John) (Entered: 11/26/2019) 1 Exhibit Index of Exhibits View on PACER 2 Exhibit 1 View on PACER 3 Exhibit 2 View on PACER 4 Exhibit 3 View on PACER 5 Exhibit 4 View on PACER 6 Exhibit 5 View on PACER 7 Exhibit 6 View on PACER 8 Exhibit 7 View on PACER 9 Exhibit 8 View on PACER 10 Exhibit 9 View on PACER 11 Exhibit 10 View on PACER	Nov. 26, 2019	Nov. 26, 2019 PACER
82	REPLY to Response to Motion re 75 MOTION to Modify Scheduling Order re 69 Scheduling Order MOTION to Stay Discovery Pending Resolution of Motion to Modify Scheduling Order (Reply Memorandum in Support of Motion to Modify Scheduling Order) filed by Michael R. Pompeo, Donald J. Trump, U.S. Department of State.(Luh, James) (Entered: 12/04/2019)	Dec. 4, 2019	Dec. 4, 2019 PACER
83	MOTION for Extension of Time to Respond to Plaintiff's November 15, 2019, Discovery Requests by Michael R. Pompeo, Donald J. Trump, U.S. Department of State (Attachments: # 1 Text of Proposed Order)(Luh, James) (Entered: 12/11/2019) 1 Text of Proposed Order View on PACER	Dec. 11, 2019	Dec. 11, 2019 PACER
84	ORDER GRANTING 83 Motion for Extension of Time to Respond to Plaintiff's November 15, 2019, Discovery Requests. Signed by Judge Ellen L. Hollander on 12/12/2019. (hmls, Deputy Clerk) (Entered: 12/12/2019)	Dec. 12, 2019	Dec. 12, 2019 PACER
85	Request for Conference (Sangree, Suzanne) (Entered: 12/13/2019)	Dec. 13, 2019	Dec. 13, 2019 PACER
87	PAPERLESS ORDER. A telephone conference has been scheduled for December 19, 2019, at 5:00 p.m. Counsel for plaintiff is to initiate the call to defense counsel and then to chambers. Signed by Judge Ellen L. Hollander on 12/16/2019. (kw, Chambers) (Entered: 12/16/2019)	Dec. 16, 2019	Dec. 16, 2019 PACER
86	RESPONSE re 85 Request for Conference (Defendants' Response to Plaintiff's Letter Request for Hearing) filed by Michael R. Pompeo, Donald J. Trump, U.S. Department of State.(Luh, James) (Entered: 12/16/2019)	Dec. 16, 2019	Dec. 16, 2019 PACER
90	PAPERLESS ORDER. The telephone conference scheduled for December 19, 2019, has been cancelled. Signed by Judge Ellen L. Hollander on 12/19/2019. (kw, Chambers) (Entered: 12/19/2019)	Dec. 19, 2019	Dec. 19, 2019 PACER
89	ORDER VACATING 69 Scheduling Order; GRANTING IN PART AND DENYING IN PART 75 Motion to Modify Scheduling Order. Signed by Judge Ellen L. Hollander on 12/19/2019. (hmls, Deputy Clerk) (Entered: 12/19/2019)	Dec. 19, 2019	Dec. 19, 2019 PACER
88	MEMORANDUM OPINION. Signed by Judge Ellen L. Hollander on 12/19/2019. (hmls, Deputy Clerk) (Entered: 12/19/2019)	Dec. 19, 2019	Dec. 19, 2019 RECAP
91	NOTICE by Mayor and City Council Of Baltimore (Lewis, John) (Entered: 01/31/2020)	Jan. 31, 2020	Jan. 31, 2020 PACER
92	MOTION for Leave to File Supplemental Complaint by Mayor and City Council Of Baltimore (Attachments: # 1 Memorandum in Support, # 2 Exhibit)(Lewis, John) (Entered: 02/07/2020) 1 Memorandum in Support View on PACER 2 Exhibit View on PACER	Feb. 7, 2020	Feb. 7, 2020 PACER
93	RESPONSE in Opposition re 92 MOTION for Leave to File Supplemental Complaint (Memorandum in Opposition to Motion for Leave to Supplement Complaint) filed by Michael R. Pompeo, Donald J. Trump, U.S. Department of State.(Luh, James) (Entered: 02/20/2020)	Feb. 20, 2020	Feb. 20, 2020 PACER
95	MEMORANDUM OPINION. Signed by Judge Ellen L. Hollander on 9/20/2019. (hmls, Deputy Clerk) (Entered: 02/21/2020)	Feb. 21, 2020	Feb. 21, 2020 RECAP