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Case Name HIAS, Inc. v. Trump IM-MD-0013
Docket / Court 8:19-cv-03346-PJM ( D. Md. )
State/Territory Maryland
Case Type(s) Immigration and/or the Border
Special Collection Trump Immigration Enforcement Order Challenges
Attorney Organization International Refugee Assistance Project (IRAP)
Case Summary
On November 21, 2019, three refugee resettlement agencies filed this lawsuit in the U.S. District Court for the District of Maryland, challenging the Trump Administration's recent Executive Order, "Enhancing State and Local Involvement in Refugee Resettlement." The agencies (HIAS, Inc., Church ... read more >
On November 21, 2019, three refugee resettlement agencies filed this lawsuit in the U.S. District Court for the District of Maryland, challenging the Trump Administration's recent Executive Order, "Enhancing State and Local Involvement in Refugee Resettlement." The agencies (HIAS, Inc., Church World Service, Inc., and Lutheran Immigration & Refugee Service, Inc.), represented by the International Refugee Assistance Project (IRAP), sued President Trump, the Department of State, the Department of Homeland Security, and the Department of Health and Human Services. The plaintiffs alleged that the President’s September 26, 2019, Executive Order violated the Refugee Act of 1980, the Administrative Procedure Act (APA) (5 U.S.C. §§ 551 et seq.), and principles of federalism. The plaintiffs sought declaratory relief, as well as a preliminary and permanent injunction to enjoin enforcement of the Order. The case was assigned to Judge Peter J. Messitte.

The plaintiffs alleged that Executive Order 13888 made an unprecedented change to the refugee resettlement process by mandating that refugees not be resettled in the United States unless the state and locality where they are to be resettled take the affirmative step of providing written consent. As national refugee resettlement agencies, the plaintiffs were then charged by the federal government with the responsibility of soliciting and obtaining written consent from all states and localities where refugees they assist could be resettled. The plaintiffs claimed that such a change would provide individual states and local governments with effective veto power over refugee resettlement.

The plaintiffs filed their motion for a preliminary injunction on November 22, 2019. Judge Messitte granted the plaintiffs’ motion on January 15. 2020 WL 218646. Judge Messitte concluded that the plaintiffs were likely to succeed on the merits of their claims, that they faced irreparable harm, and that the Executive Order was not in the public interest. Consequently, he issued a nationwide injunction enjoining the Executive Order.

The government appealed the injunction to the Fourth Circuit Court of Appeals on February 12, 2020 (Do. 20-1160), and Judge Messitte stayed the proceedings in the district court pending resolution of that appeal on February 14, 2020.

On January 8, 2021, Circuit Judge Barbara Milano Keenan upheld the preliminary injunction. 985 F.3d 309. The court held that the plaintiffs demonstrated that they were likely to succeed on their claim that the order and notice violated the Refugee Act. The court also determined that the district court did not abuse its discretion in issuing a nationwide injunction because the refugee resettlement programs were, by their nature. located throughout the country.

The case is ongoing.

Sam Kulhanek - 03/27/2020
Gabrielle Simeck - 04/11/2021


compress summary

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Issues and Causes of Action
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Issues
Constitutional Clause
Federalism (including 10th Amendment)
Content of Injunction
Preliminary relief granted
Defendant-type
Jurisdiction-wide
Immigration/Border
Asylum - procedure
Refugees
Plaintiff Type
Non-profit religious organization
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Defendant(s) U.S. Department of Health and Human Services
U.S. Department of Homeland Security
U.S. Department of State
Plaintiff Description HIAS, Inc., Church World Service, Inc., and Lutheran Immigration & Refugee Service, Inc.
Indexed Lawyer Organizations International Refugee Assistance Project (IRAP)
Class action status sought No
Class action status outcome Not sought
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Source of Relief Litigation
Order Duration 2020 - n/a
Filed 11/21/2019
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. Md.
03/02/2021
8:19-cv-3346
IM-MD-0013-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
D. Md.
11/21/2019
Complaint for Declaratory and Injunctive Relief [ECF# 1]
IM-MD-0013-0002.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Md.
01/15/2020
Memorandum Opinion [ECF# 68] (415 F.Supp.3d 669)
IM-MD-0013-0003.pdf | WESTLAW| LEXIS | Detail
Source: Westlaw
D. Md.
01/15/2020
Order [ECF# 69] (415 F.Supp.3d 669)
IM-MD-0013-0001.pdf | WESTLAW| LEXIS | Detail
Source: PACER [Public Access to Court Electronic Records]
U.S. Court of Appeals
01/08/2021
Opinion [Ct. of App. ECF# 58] (985 F.3d 309)
IM-MD-0013-0004.pdf | WESTLAW| LEXIS | Detail
Source: Westlaw
show all people docs
Judges Harris, Pamela Ann (Fourth Circuit) show/hide docs
IM-MD-0013-0004
Keenan, Barbara Milano (Fourth Circuit) show/hide docs
IM-MD-0013-0004
King, Robert Bruce (Fourth Circuit) show/hide docs
IM-MD-0013-0004
Messitte, Peter Jo (D. Md.) show/hide docs
IM-MD-0013-0001 | IM-MD-0013-0003 | IM-MD-0013-9000
Plaintiff's Lawyers Austin, Kathryn (New York) show/hide docs
IM-MD-0013-0002 | IM-MD-0013-9000
Cox, Justin Bryan (Georgia) show/hide docs
IM-MD-0013-0002 | IM-MD-0013-9000
Evarts, Linda (New York) show/hide docs
IM-MD-0013-0002 | IM-MD-0013-9000
Hirose, Mariko (New York) show/hide docs
IM-MD-0013-0002 | IM-MD-0013-9000
Keaney, Melissa S. (California) show/hide docs
IM-MD-0013-0002 | IM-MD-0013-9000
Defendant's Lawyers Humphreys, Bradley Philip (District of Columbia) show/hide docs
IM-MD-0013-9000
Other Lawyers Dunlap, Jeffery Paul (Maryland) show/hide docs
IM-MD-0013-9000
Goldstein, Danielle Luce (California) show/hide docs
IM-MD-0013-9000
Palma-Solana, Vilma R (California) show/hide docs
IM-MD-0013-9000
Sangree, Suzanne (Maryland) show/hide docs
IM-MD-0013-9000
Schulman, Steven H. (District of Columbia) show/hide docs
IM-MD-0013-9000
Singh, Jasleen K (California) show/hide docs
IM-MD-0013-9000
Tucci, Michael Edward (District of Columbia) show/hide docs
IM-MD-0013-9000
VanDam, Jeff (Illinois) show/hide docs
IM-MD-0013-9000
Weisel, Jessica M. (California) show/hide docs
IM-MD-0013-9000

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