University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Centro Presente, Inc. v. McAleenan IM-DC-0064
Docket / Court 1:19-cv-02840 ( D.D.C. )
State/Territory District of Columbia
Case Type(s) Immigration and/or the Border
Special Collection Trump Immigration Enforcement Order Challenges
Case Summary
On September 20, 2019, two nonprofit organizations, alongside nine individuals (six of whom were also representing their minor children) filed this lawsuit against the Secretary of the Department of Homeland Security (DHS), the Director of Immigration and Customs Enforcement (ICE), the Director and ... read more >
On September 20, 2019, two nonprofit organizations, alongside nine individuals (six of whom were also representing their minor children) filed this lawsuit against the Secretary of the Department of Homeland Security (DHS), the Director of Immigration and Customs Enforcement (ICE), the Director and Commissioner of U.S. Customs and Border Protection, and the Attorney General of the United States. The suit challenged new federal expedited-removal immigration policies. The non-profits were Centro Presente--a state-wide Latin American immigrant membership organization dedicated to the self-determination and self-sufficiency of the Latin American population of Massachusetts; and Pioneer Valley Workers Center--an organization aimed at improving the lives of low-wage and immigrant workers in Western Massachusetts. The nine individual plaintiffs were all asylum-seekers who were threatened with expedited removal. The plaintiffs claimed that the new policy violated the due process and equal protection guarantees of the Fifth Amendment, the Administrative Procedure Act (APA)(5 U.S.C. §§551), the Suspension Clause (Habeas Corpus), the Appointments Clause, and the Immigration and Nationality Act (8 U.S.C. §§1101). The plaintiffs sought to enjoin defendants from continuing this policy and also requested attorney’s fees. The plaintiffs were represented by Lawyers for Civil Rights and a private law firm. The case was heard in the District Court for Washington D.C. and was presided over by Judge Ketanji Brown Jackson.

The new expedited removal rule allowed any foreign citizen who had lived anywhere in the United States for less than two years to be submitted for expedited deportation proceedings. Previously, expedited deportation only applied to those located within 100 miles of a U.S. international land border and had only been in the United States for two weeks or less.

On October 9, 2019, the court ordered the plaintiffs to show cause for why the case at hand should not be stayed until a separate case (Make the Road New York v. McAleenan) had been resolved. Make the Road New York was a class-action suit filed in the same court by the ACLU which also challenged the legality of the new expedited-removal rule. More information on that case is available here. The plaintiffs responded to the order to show cause on October 22, 2019; however this document was not available to the Clearinghouse.

The plaintiffs filed a motion to proceed pseudonymously which District Judge Jackson granted on July 8, 2020. The case then remained in the pleading stage for most of 2020 and 2021 as the government asked the court to reset the deadline for their answer on numerous occasions. As of August 1, 2021, the government has yet to file an answer to the complaint. Judge Jackson was elevated to the U.S. Court of Appeals for the D.C. Circuit by President Biden in mid-2021; a new judge has yet to be assigned the case. As of August, 2021, many of the documents included on the docket are inaccessible because the case is classified as a private immigration matter. It is unclear if the case will be settled given the inauguration of the Biden Administration, but for now the case remains open.

Christiana Johnson - 11/02/2019
John Duffield - 07/21/2021


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Due Process: Procedural Due Process
Equal Protection
Defendant-type
Jurisdiction-wide
Law-enforcement
Discrimination-basis
Immigration status
National origin discrimination
General
Access to lawyers or judicial system
Classification / placement
Habeas Corpus
Immigration/Border
Deportation - criteria
Deportation - procedure
Undocumented immigrants - rights and duties
National Origin/Ethnicity
Hispanic
Plaintiff Type
Non-profit NON-religious organization
Private Plaintiff
Special Case Type
Habeas
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Ex parte Young (federal or state officials)
Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Defendant(s) U.S. Citizenship and Immigration Services
U.S. Customs and Border Protection
U.S. Department of Homeland Security (DHS)
U.S. Department of Justice
U.S. Immigration and Customs Enforcement (ICE)
Plaintiff Description Two immigration rights related non-profits and nine asylum seekers, six of whom also represented their minor children.
Class action status sought No
Class action status outcome Not sought
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Filed 09/20/2019
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)
D.D.C.
07/20/2021
1:19-cv-02840-KBJ
IM-DC-0064-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
D.D.C.
09/20/2019
Complaint [ECF# 1]
IM-DC-0064-0002.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D.D.C.
10/09/2019
Order to Show Cause [ECF# 4]
IM-DC-0064-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Jackson, Ketanji Brown (D.D.C., D.C. Circuit) show/hide docs
IM-DC-0064-0001 | IM-DC-0064-9000
Plaintiff's Lawyers Gardner, Deborah Kantar (Massachusetts) show/hide docs
IM-DC-0064-0002 | IM-DC-0064-9000
Mayer, Kristen Valerie (Massachusetts) show/hide docs
IM-DC-0064-0002 | IM-DC-0064-9000
Park, Chong Seok (District of Columbia) show/hide docs
IM-DC-0064-0002 | IM-DC-0064-9000
Thomases, Andrew N. (California) show/hide docs
IM-DC-0064-0002 | IM-DC-0064-9000

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