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Case Name Casa de Maryland v. Wolf IM-MD-0017
Docket / Court 8:20-cv-02118-PX ( D. Md. )
State/Territory Maryland
Case Type(s) Immigration and/or the Border
Case Summary
This is a case about the legality of two rules issued by the Department of Homeland Security in June 2020 that would delay or eliminate employment authorization documents (EADs) for asylum seekers beginning in August 2020. On July 21, 2020, five nonprofit legal services organizations filed this ... read more >
This is a case about the legality of two rules issued by the Department of Homeland Security in June 2020 that would delay or eliminate employment authorization documents (EADs) for asylum seekers beginning in August 2020. On July 21, 2020, five nonprofit legal services organizations filed this lawsuit against the U.S. Department of Homeland Security and its Secretary in the U.S. District Court for the District of Maryland. The organizations sued under the Administrative Procedure Act (APA) (5 U.S.C. § 701) and sought injunctive relief and vacatur of the rules.

During the lengthy application process for asylum in the U.S., the government does not provide any economic or legal support to refugee applicants. Instead, EADs are often the sole opportunity for a refugee to earn an income and the only form of government-issued photo identification. EADs are therefore crucial for securing basic needs—such as housing, food, medical care, or legal counsel—and proving an individual’s status as an asylum applicant. The organizations alleged that the new rules would complicate the EAD application process by repealing the requirement that DHS approve or deny EAD applications within 30 days of its filing, thereby delaying or eliminating some applicants’ access to work authorizations. The organizations further alleged that the two rules violated the APA by 1) failing to consider the Refugee Act of 1980, which allows refugees to apply for asylum in the U.S. 2) preventing the public from commenting on the proposed rules, 3) failing to reasonably explain the need for the new rules, and 4) acting through the Acting Secretary of Homeland Security, who had not been confirmed by the Senate.

This case was assigned to Judge Paula Xinis. On July 24, 2020, the legal services organizations filed motions for a preliminary injunction and to stay implementation of the rules. On September 11, 2020, the court filed a memorandum opinion and order granting in part and denying in part the organizations’ motion for a preliminary injunction. The court preliminarily enjoined DHS from enforcing a subset of the rules, including the repeal of the 30-day processing requirement and other changes to the application process, against members of the organizations. But the court also declined to stay implementation of the rules while the case proceeded. 2020 WL 5500165. For more information on the preliminary injunction, see here.

This case is ongoing.

Zofia Peach - 10/09/2020


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Issues and Causes of Action
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Issues
Content of Injunction
Preliminary relief granted
Defendant-type
Law-enforcement
General
Government Services (specify)
Language access/needs
Work release or work assignments
Immigration/Border
Admission - criteria
Admission - procedure
Asylum - criteria
Asylum - procedure
Employment
Refugees
Undocumented immigrants - rights and duties
Work authorization - criteria
Work authorization - procedures
Plaintiff Type
Non-profit NON-religious organization
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Defendant(s) Acting Secretary of Homeland Security
Plaintiff Description Five nonprofit legal services organizations
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Source of Relief Litigation
Filed 07/21/2020
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)
Court Docket(s)
D. Md.
10/09/2020
8:20-cv-02118-PX
IM-MD-0017-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
D. Md.
07/21/2020
Complaint [ECF# 1]
IM-MD-0017-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Md.
09/11/2020
Memorandum Opinion [ECF# 69] (2020 WL 5500165)
IM-MD-0017-0003.pdf | WESTLAW | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Md.
09/11/2020
Order [ECF# 70]
IM-MD-0017-0002.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Xinis, Paula (D. Md.) show/hide docs
IM-MD-0017-0002 | IM-MD-0017-0003 | IM-MD-0017-9000
Plaintiff's Lawyers Austin, Kathryn (New York) show/hide docs
IM-MD-0017-0001 | IM-MD-0017-9000
Castillo, Geroline (New York) show/hide docs
IM-MD-0017-0001 | IM-MD-0017-9000
Cox, Justin Bryan (Georgia) show/hide docs
IM-MD-0017-0001 | IM-MD-0017-9000
Cruz, Conchita (New York) show/hide docs
IM-MD-0017-0001 | IM-MD-0017-9000
Evall, Joseph (New York) show/hide docs
IM-MD-0017-0001 | IM-MD-0017-9000
Evarts, Linda (New York) show/hide docs
IM-MD-0017-9000
Hirose, Mariko (New York) show/hide docs
IM-MD-0017-0001 | IM-MD-0017-9000
Manfredi, Zachary (New York) show/hide docs
IM-MD-0017-0001 | IM-MD-0017-9000
Mark, Richard (New York) show/hide docs
IM-MD-0017-0001 | IM-MD-0017-9000
Marquart, Katherine Michelle (New York) show/hide docs
IM-MD-0017-0001 | IM-MD-0017-9000
Moreno, Dennis (New York) show/hide docs
IM-MD-0017-0001 | IM-MD-0017-9000
Defendant's Lawyers Andersen, Jane Elizabeth (Maryland) show/hide docs
IM-MD-0017-9000
Other Lawyers Hu, Xiaonan April (District of Columbia) show/hide docs
IM-MD-0017-9000
Jones, Robert Stanton (District of Columbia) show/hide docs
IM-MD-0017-9000
Levitz, Phillip J (New York) show/hide docs
IM-MD-0017-9000
Moreno, Gabriel (Maryland) show/hide docs
IM-MD-0017-9000
Rock, Jimmy (District of Columbia) show/hide docs
IM-MD-0017-9000
Sweeney, Maureen A. (Maryland) show/hide docs
IM-MD-0017-9000
Zolle, Dayna J (District of Columbia) show/hide docs
IM-MD-0017-9000
Zwick, Keren Hart (Illinois) show/hide docs
IM-MD-0017-9000

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