Litigation Documents & Resources Related to Trump Policy on Family Separations

The Trump administration’s policy of separating migrant parents and children at the U.S. border has generated several legal challenges. On June 20, 2018, President Trump signed an executive order announcing the administration's preference to detain families together while continuing to prosecute all cases of illegal border crossings referred to the Justice Department. The order requires Attorney General Jeff Sessions to seek a revision to the consent decree on detention of young children reached in Flores v. Reno.

Below is a roundup of all relevant documents in ongoing litigation related to the administration’s policy on immigration detention, including the government’s request to modify the Flores settlement, along with key legal documents from past litigation. We will update this post as further information comes in.

This post is maintained by Victoria Clark and Quinta Jurecic. Any queries or additional documents should be directed to [email protected].

 

Judgments in illegal entry prosecutions

Compilation of 2,598 written judgments in illegal entry cases from mid-May 2018 through June 2018. Documents collected and provided by Brad Heath at USA Today.

 

Ongoing cases

Ms. L v. ICE (U.S. District Court for the Southern District of California)

In light of the Executive Order issued today, June 20, 2018, entitled “Affording Congress an Opportunity to Address Family Separation, a telephonic status conference shall be held on June 22, 2018 at 12:00 p.m.)

  • Minute Entry (06/22/2018)

Telephonic Status Conference held on 6/22/2018. Plaintiff to file additional briefing by 6/25/2018. Defense to file response by 6/27/2018 4:30pm PST.

For purposes of the telephonic status conference scheduled for 7/6/2018 at 12:00 p.m., the Court has set up a dial in number for counsel and any members of the news media that wish to attend.

Status Conference set for 7/9/2018 10:00 AM in Courtroom 13A before Judge Dana M. Sabraw. 

A Status Conference is set for 7/9/2018 at 10:00 AM before Judge Dana M. Sabraw

Status Conference held on 7/9/2018. (Further Status Conference set for 7/10/2018 11:00 AM in Courtroom 13A before Judge Dana M. Sabraw.)

Status Conference is set for 7/10/2018 at 11:00 AM before Judge Dana M. Sabraw. Signed by Judge Dana M. Sabraw on 7/9/2018

Status Hearing held on 7/10/2018. (Further Status Conference set for 7/13/2018 01:00 PM in Courtroom 13A before Judge Dana M. Sabraw.)

Status Conference held on 7/13/2018. Further Status Conference set for 7/16/2018 at 9:30 AM before Judge Dana M. Sabraw. 

Status Conference held on 7/16/2018. Motion (110) to Stay Removal and Emergency TRO - Stay is Granted. Defense to respond to Motion for TRO by 7/23/2018 9:00 AM. The motion will be heard at the Status Conference set for 7/24/2018 4:00 PM. Witness, Cmdr Jonathan White C/S/T. Court to issue order.

Status Conference held on 7/20/2018. Future deadlines and hearings confirmed. Status Conference previously set for 7/24/2018 will be heard at 3:00 PM in Courtroom 13A before Judge Dana M. Sabraw.

Status Hearing held on 7/24/2018. Court to issue order. 

  • Minute Entry (07/24/2018)

Status Hearing held on 7/24/2018 re related case that will be transferred from New York. Parties to meet and confer. 

A status conference was held on July 24, 2018. On or before July 25, 2018, at noon, Defendants shall provide to Plaintiffs (1) a list of all Class Members that have been removed and (2) a list of all Class Members that have been released to the interior. On or before July 25, 2018, at noon, Plaintiffs shall file their reply brief on the motion to stay. The Court will hear argument on the motion at the July 27, 2018 status conference.

Status Conference held on 7/27/2018. Court to issue order. 

Telephonic Status Conference held on 7/30/2018, re process of locating in-country and removed parents. 

The motion for a temporary restraining that is pending in M.M.M. shall be heard on August 8, 2018, at 11:00 a.m. Pacific Time.

  • Minute Order (08/07/2018)

Motion Hearing set for 8/8/2018 is reset to be heard at 1:00 PM in Courtroom 13A before Judge Dana M. Sabraw.

  • Minute Entry (08/08/2018)

Motion Hearing held on 8/8/2018. All counsel appearing telephonically. The stay will remain in place pending further order of the Court.

All parties appeared telephonically. Court to issue order. (Further Status Conference set for 8/17/2018 01:00 PM in Courtroom 13A before Judge Dana M. Sabraw.)

Status Conference held on 8/17/2018. All counsel appeared telephonically. Court to issue order. Status Conference set for 8/24/2018 1:00 PM before Judge Dana M. Sabraw.

Status Conference held on 8/24/2018. All counsel appeared telephonically. (Further Status Conference set for 8/31/2018 01:00 PM in Courtroom 13A before Judge Dana M. Sabraw.)

Status Conference held on 8/31/2018. All counsel appeared telephonically. (Further Status Conference set for 9/7/2018 01:00 PM in Courtroom 13A before Judge Dana M. Sabraw.)

Status Conference held on 9/14/2018. All parties appeared telephonically. (Further Status Conference set for 9/21/2018 01:00 PM in Courtroom 13A before Judge Dana M. Sabraw.) Court to issue order.

Minute Entry for proceedings held before Judge Dana M. Sabraw: Status Conference held on 9/21/2018. All parties appeared telephonically. Court to issue order.

Status Conference held on 10/9/2018. All parties appeared telephonically. Amended complaint to be filed. The Court will enter the order granting preliminary approval following entry of the amended complaint. (Further Status Conference set for 10/16/2018 01:00 PM in Courtroom 13A before Judge Dana M. Sabraw, Final Approval Hearing set for 11/15/2018 10:30 AM in Courtroom 13A before Judge Dana M. Sabraw.)

Mejia-Mejia v. ICE (U.S. District Court for the District of Columbia)

The parties shall appear for a hearing on plaintiff's emergency motion 4 for a temporary restraining order on June 21, 2018 at 2:00 p.m. in Courtroom 29A before Judge Paul L. Friedman. Signed by Judge Paul L. Friedman on June 20, 2018. (lcplf1) 

  • Memorandum in Opposition to Motion for Temporary Restraining Order (06/21/2018) (Access restricted)
  • Motion for Temporary Restarining Order Denied (for reasons discussed on the record) (06/21/2018) (Access restricted) 
  • Joint Status Report (06/22/2018) (Access Restricted) 
  • Minute order (06/22/2018) 

Upon the representation of the parties in their joint status report, plaintiff's emergency motion for a temporary restraining order is denied as moot. Plaintiff shall inform the Court of the manner in which she intends to proceed in this case on or before June 29, 2018.

  • Notice of Intent to Continue Prosecuting Case by Beata Mariana De Jesus Mejia-Mejia (06/29/2018) (Access restricted)
  • Amended Complaint (07/13/2018) (Access restricted)
  • Order (08/07/2018)
  • Minute Order (08/20/2018)

The parties are directed to meet and confer and submit a joint status report as to how they intend to proceed in this matter on or before Monday, August 27, 2018.

  • Set/Reset Deadlines (08/21/2018)

Status Report due by 8/27/2018

  • Motion for Declaratory Judgement (08/27/2018) (Access restricted)
  • Joint Status Report (08/27/2018) (Access restricted)
  • Consent Motion for Extension of Time to File (08/31/2018) (Access restricted)
  • Minute Order (09/04/2018)

granting defendants' unopposed motion 18 for extension of time to answer or otherwise respond to the amended complaint and to respond to plaintiff's motion 16 for declaratory relief and permanent injunction. Agency and official-capacity defendants shall file a response to the amended complaint and opposition to the motion for declaratory relief and permanent injunction on or before September 14, 2018.

  • Set/Reset Deadlines (09/05/2018)

Responses due by 9/14/2918

  • Motion to Dismiss (09/14/2018) (Access restricted)
  • Response re Motion for Declaratory Judgement (09/17/2018) (Access restricted)
  • Consent Motion for Extension of Time (09/20/2018) (Access restricted)
  • Order Granting Plaintiff’s Consent Motion (09/20/2018)  
  • Set/Reset Deadlines (09/21/2018)

Replies due by 9/28/2018. 

  • Memorandum in Opposition (09/28/2018) (Access restricted)
  • Reply to Opposition to Motion to Dismiss (10/05/2018) (Access restricted)
  • Note: Access to this filing is restricted. However, Politico reports that the filing states that Mejia-Mejia will be reunited with her son as of June 21, 2018:

"ORR has already begun the process of conducting the necessary checks to fulfill its statutory mandate to assure itself that Plaintiff...is capable of providing for the child's physical and mental well-being," the government lawyers said. "ORR expects to be able to release [the boy] to Plaintiffs' custody, once those checks can be completed."​

MGU v. Nielsen (U.S. District Court for the District of Columbia)

The parties shall appear for a hearing on plaintiffs’ motion for a temporary restraining order on June 27, 2018 at 2:00 P.M. in Courtroom 29A before Judge Paul L. Friedman. The defendants may file a written response to plaintiffs’ motion on or before noon on June 27, 2018.

The parties shall submit a joint report proposing a briefing schedule for plaintiff’s motion for a preliminary injunction on or before June 27, 2018 at 12:00 P.M. The joint report shall specify the following: (1) the due date of the United States’ response to plaintiffs’ motion; (2) the due date of plaintiffs’ reploy in support of their motion; (3) proposed dates and times for a hearing on the motion during the week of July 9, 2018 or July 16, 2018.

Hearing on Temporary Restraining Order Set For 6/27/2018 at 2:00 PM in Courtroom 29A Before Judge Paul L. Friedman

  • Set/Reset Hearing (06/26/2018)

Defendant’s Response to Motion for Preliminary Injunction due by 7/6/2018; Plaintiff’s Reply due by 7/9/2018; Preliminary Injunction Hearing set for 7/12/2018 at 10:30 AM in Courtroom 29A before Judge Paul L. Friedman

Motion Hearing held on 6/27/2018 re Motion for Temporary Restraining Order. Motion held in Abeyance for reasons stated on the record. Joint Status Report due by 7/5/2018.

Directing defendants to respond to plaintiffs’ emergency motion for expedited discovery on or before Friday, July 6, 2018.

  • Joint Status Report Concerning TRO Application, ECF No. 8 by A.P.F., E.F., M.G.U. (07/05/2018)
  • Minute Order (07/06/2018)

In advance of the hearing on July 12, 2018, the parties are invited to file submissions no longer than five pages each, addressing the relevance, if any, of Damus v. Nielsen, Civil Action No. 18-578, 2018 WL 3232515 (D.D.C. July 2, 2018), to the issues in this case. Signed by Judge Paul L. Friedman on July 6, 2018.

Directing plaintiffs to file a reply in support of their emergency motion for expedited discovery on or before 12:00 p.m. on Monday, July 9, 2018.

At the hearing on July 12, 2018, the parties shall be prepared to address both Plaintiffs' Motion for a Preliminary Injunction and Plaintiffs' Motion for a Temporary Restraining Order. Signed by Judge Paul L. Friedman on July 9, 2018. 

Argument heard and motion taken under advisement. Oral motion for stay of plaintiff E.F.s removal from the United States until plaintiffs intentions are clarified, is taken under advisement. Declaration of Ms. Martinez and plaintiff E.F. to be filed by 7/13/18. Status report regarding asylum application of plaintiff E.F. and status of removal order to be filed by defendants by 7/13/18. Status report regarding credible fear interview of plaintiff A.P.F to be filed by defendants by 7/13/18. Revised proposed order regarding plaintiffs motion for temporary restraining order to be filed by 7/13/18. Relevant status reports submitted in the Ms. L. class action on or after 7/12/18, to be promptly filed in this action by defendants. Order to follow. 

Defendants must reunify plaintiff E.F. with her son on or before midnight on Friday, July 20, 2018.

directing the parties to file a joint notice on or before July 25, 2018, advising the Court of the status of plaintiff E.F. and her child and defendants' compliance with the Court's Order of July 18, 2018. 

  • Set/Reset Deadlines (07/24/2018)

Joint Notice due by 7/25/2018)

  • Joint Notice (07/25/2018)

Pursuant to the Court’s order dated July 24, 2018, the parties, by and through their undersigned counsel, hereby notify the Court that Plaintiff E.F. and her child were reunified on July 20, 2018, and are currently in the South Texas Family Residential Center in Dilley, Texas.

  • Minute Order (08/20/2018)

The parties are directed to meet and confer and submit a joint status report as to how they intend to proceed in this matter on or before Monday, August 27, 2018.

  • Set/Reset Deadlines (08/21/2018)

Status Report due by 8/27/2018

In view of the parties' joint status report, the parties shall file a further joint status report on or before September 10, 2018.

  • Set/Reset Deadlines (08/29/2018)

Status Report due by 9/10/2018

Flores v. Sessions (U.S. District Court for the Central District of California)

On June 21, 2018, Defendants filed an Ex Parte Application seeking to modify certain aspects of the Flores Agreement. On June 22, 2018, Plaintiffs filed an Application requesting: (1) a hearing on Defendants Ex Parte Application with a new briefing schedule, or (2) a ten-day extension in Plaintiff's deadline to file a response to Defendants' Ex Parte Application. Good cause appearing, Plaintiff's Application is GRANTED IN PART and DENIED IN PART. Plaintiffs may file a response to Defenants' Ex Parte Application no later than June 27, 2018.

It is hereby ordered that the ex parte application of the ACLU Immigrants’ Rights Project and ACLU Foundation of Southern California to file a brief of amici curiae is GRANTED, and the proposed brief submitted with the motion shall be e-filed within three (3) days of this order.

On June 29, 2018, the City of Los Angeles, the City of Chicago, the City of New York, and the City & County of San Francisco ("the Cities") filed an Ex Parte Application seeking leave to file a brief as amicus curiae. Pursuant to this Court's Initial Standing Order, any party intending to oppose the Ex Parte Application was required to file an opposition by July 2, 2018. See Initial Standing Order at 9 107 . No such opposition has been filed. Accordingly, the Court GRANTS the Cities' Ex Parte Application, and ORDERS the Cities to file the proposed amicus brief found in Docket Entry No. 451-1 within three (3) days of the date of this Order. See C.D. Cal. L.R. 7-12 ("The failure to file any required document, or the failure to file it within the deadline, may be deemed consent to the granting or denial of [a] motion...."). IT IS SO ORDERED.

The cause is called and counsel state their appearance. The Court invites counsel to respond to the tentative ruling. Following oral argument, the Court advises counsel that the motion to enforce shall be taken under submission and a written order will issue. The status conference was held. The Court grants leave for Defendants to augment the record with their response to Plaintiff's declarations. Any response shall be filed by August 10, 2018. After the Special Master/Independent Monitor is appointed, the Court will instruct the Special Master/Independent Monitor to review Defendants' response, if any, to Plaintiffs' declarations. By August 10, 2018, the parties shall meet and confer to file a joint status report on whether the parties can stipulate to a candidate for the position of Special Master/Independent Monitor and may submit proposed language defining the parameters of such appointment. If no agreement can be reached, each side may nominate two candidates for the position for the Court to consider. If the Court does not find any of the nominees to be an appropriate fit, the Court shall select the Special Master/Independent Monitor. The Juvenile Coordinators shall continue to perform their duties as outlined in Section X of the Flores Agreement. They shall file an annual compliance report by July 1 of each year until the Court determines otherwise. 

ORDER RE PROPOSED SPECIAL MASTER/INDEPENDENT MONITOR by Judge Dolly M. Gee: On 9/4/2018, the Court gave the parties notice of its intention to appoint Retired United States Immigration Judge Carol A. King to the position of Special Master/Independent Monitor 484 . The Court hereby withdraws its nomination of Ms. King for the Special Master/Independent Monitor position. Instead, the Court nominates Andrea Sheridan Ordin to the position of Special Master/Independent Monitor. By no later than 10/1/2018, the parties shall file a joint status report indicating whether they have any objections to the appointment of Ms. Ordin as the Special Master/Independent Monitor. 

The Court, having appointed Andrea Sheridan Ordin as Special Master/Independent Monitor ("the Monitor") in this case, hereby schedules a Status Conference for 10/15/2018 10:00 AM before Judge Dolly M. Gee. The parties' Counsel, the Monitor, and Juvenile Coordinators Henry A. Moak, Jr. and Deane Dougherty shall attend the status conference. The Court requests that Defendants serve a copy of this Order upon Mr. Moak and Ms. Dougherty in order to give them notice of the status conference. 

The Court construes Defendants' ex parte application for partial reconsideration of order appointing Special Master/Independent Monitor 498 as a motion ("Motion"). In accordance with the motion schedule under Local Rule 7-9 and 7-10, the opposition is due by 10/19/2018 and the reply is due by 10/26/2018. Thereafter, the Motion will be set for hearing on 11/9/2018 at 10:00 AM before Judge Dolly M. Gee. The Court sua sponte stays those aspects of the Order Appointing Special Master/Independent Monitor 494 relating to enforcement of the Court's 7/30/2018 Order, pending resolution of the Motion. The Court introduces Ms. Ordin and thanks her for accepting the assignment of Special Master at a drastically reduced hourly rate and treating as pro bono all hours expended prior to her 10/17/2018 Effective Date. The Court explains its purpose in appointing the Special Master and provides the parties time to meet and confer with her after adjournment of the status conference. 

W.S.R. v. Sessions et al (U.S. District Court for the Northern District of Illinois), Case 1:18-cv-04265 

  • Complaint (06/20/2018) (Access restricted)
  • Case Assigned to the Honorable Edmond E. Chang (06/20/2018)  
  • Motion by Defendants to Reassign Case (06/22/2018) (Access restricted)
  • Minute entry: (06/22/2018) 

On the Federal Defendants' motion to reassign 18 C 4291, there is no statement of conferral with counsel for Plaintiffs, as required by Judge Chang's Case Management Procedures. (There is no appearance on file for Defendant Heartland Alliance, so the conferral requirement is excused as to that party.) By 06/26/2018, the Federal Defendants shall file a concise supplement stating the result of that conferral, or if no conferral has occurred, why not.

  • Supplement to Motion to Reassign Case (06/22/2018) (Access restricted)
  • Minute Entry (06/26/2017)

Without objection, the Federal Defendants have moved to reassign Case No. 18 C 4291 under Local Rule 40.4. The cases substantially overlap, but factually (the same Defendants and the same custodial location) and legally (primarily, the interpretation of the Flores Settlement Agreement). So there would be a substantial savings in judicial time and effort, Local Rule 40.4(b)(2), for the same judge to handle both cases, and both cases can be put on the same litigation track with simultaneous court hearings. The motion thus is granted. AN initial status hearing is set for 07/11/2018 at 10:45 a.m.

  • Amended Complaint (06/27/2018) (Access restricted)
  • Minute Entry (06/28/2018)

Plaintiff’s counsel called the courtroom deputy to report that Plaintiff will be filing an emergency motion and to ask for a time to present the motion tomorrow (06/29/2018). The motion hearing is set for 10 a.m. on 06/29/2018. Any out-of-town counsel may appear by telephone by providing a contact number to the courtroom deputy.

For the reasons stated in the Order and during the motion hearing, Plaintiff’s motion for TRO is granted in part and converted to a preliminary-injunction motion in part. Motion hearing set for 07/05/2018 at 10:00AM. The Court notes that Plaintiff’s motion states that the West Texas Defendants will be voluntarily dismissed in light of the change in detention location. The government also will confer with Plaintiff’s counsel on facilitating counsel’s access to Plaintiff’s father and on facilitating communication between Plaintiff and his father.

  • Minute Entry (06/29/2018)

On scheduling, the current briefing schedule calls for a defense response on 07/02/2018 and for Plaintiff’s reply on 07/04/2018 by 5 p.m., with the hearing set for 07/05/2018 at 10 a.m. If Plaintiff’s counsel wants extra time to file the reply, specifically until 2 p.m. on 07/05/2018, then the Court can hold the motion hearing on 07/06/2018 at 10 a.m. If Plaintiff wishes to adjust the schedule in this way, then counsel shall notify defense counsel and the courtroom deputy of that decision by 12 p.m. on 07/03/2018. Any counsel may participate by phone in the hearing (regardless of when it is held) by providing a contact number to the courtroom deputy the business day before. Lastly, the upcoming briefs may be combined to address both 18-cv-4265 and 18-cv-4291 (there is no need to write individualized responses/replies for the respective cases.

  • Notice of Voluntary Dismissal by W.S.R. of Defendants Heartland Alliance International, LLC, Susan Trudeau, LaSalle Corrections West, LLC and Mike Sheppard (06/30/2018) (Access restricted)
  • Memorandum in Opposition to Motion for Temporary Restraining Order (07/02/2018) (Access restricted)
  • Reply by W.S.R. to Motion by Plaintiff W.S.R. for Temporary Restraining Order, Memorandum in Opposition to Motion (07/04/2018) (Access restricted) 
  • Affidavit of Karen L Hoffmann Attaching Immigration Judge Bond Orders (07/05/2018) (Access restricted)

  • Minute Entry (07/05/2018)

Hearing held on Plaintiffs' motions for preliminary injunction. The Court takes the motions under advisement. By 07/06/2018, Plaintiffs shall upload (to the 18-cv-4265 docket is sufficient) the written decisions of the four immigration judges referenced during the hearing. By 07/06/2018, the government shall upload its filing made in the Flores consent-decree case. The Court held a brief under-seal portion of the hearing with W.S.R., who was assisted by a Portuguese-English interpreter. The status hearing of 07/11/2018 remains in place. 

  • Supplement to Motion Hearing (07/05/2018) (Access restricted)

  • Supplement to Motion for Temporary Restraining Order, Reply in Response to Motion, and Request for Emergency Hearing (07/06/2018) (Access restricted)
  • Minute Entry (07/06/2018)

In light of Plaintiff's supplement filed today, the Court will alert the parties if a further hearing by telephone is deemed necessary. The Court notes that, on the current record, the government has not expressed any doubt on the father-son relationship asserted by W.S.R., nor has it offered any evidence that reunification would pose a danger to W.S.R.

  • Response by Plaintiff W.S.R. to Defendants’ Notice (07/11/2018) (Access restricted)
  • Minute Entry (07/11/2018)

Status hearing held. The government reported that it is committed to complying with the reunification order, which requires reunification by 1:48 p.m. on 07/12/2018. Government counsel also shall notify Plaintiffs' counsel, via e-mail, of the details of the transfer from ORR to ICE, the reunification location and, if applicable, the circumstances of the release, within 30 minutes of government counsel learning that information. A status hearing is set for 07/13/2018 at 10 a.m. But if the government filed, by 6 p.m. the evening of 07/12/2018, a status report that the reunification has occurred, then the status hearing will be reset for the week of 07/23 to discuss what remains of the litigation here.

  • Motion by Plaintiff W.S.R. For Protective Order Pursuant to F.R.C.P. 5.2(e)(1) (07/12/2018) (Access restricted)

  • Minute Entry (07/12/2018)

Plaintiffs' unopposed motion for protective order is granted. The Court will undertake a review on how to effectuate the redactions. 

  • Status Report (07/12/2018) (Access restricted)
  • Minute Entry (07/12/2018)

In light of the status report confirming that reunification occurred before the deadline, the status hearing of 07/13/2018 is reset to 07/25/2018 at 08:45 a.m. The parties shall confer on what they believe is the next step of the litigation and file a joint status report (with competing positions, if necessary) on 07/23/2018. 

  • Status Report Joint by W.S.R. (07/23/2018) (Access restricted)
  • Motion by Plaintiff W.S.R. to Transfer Case (07/25/2018) (Access restricted)
  • Plaintiffs’ NOTICE of Motion by Amy Maldonado for Presentment of Motion to Transfer Case (07/25/2018) (Access restricted)
  • Motion by Plaintiff W.S.R. Dismissal of Defendant Heartland Human Care Services Inc. Only (Agreed) (07/25/2018) (Access Restricted)  
  • Minute Entry (07/25/2018)

Status hearing held. Plaintiff's out-of-state attorneys appeared by telephone; local counsel and counsel for Defendants appeared in court. Plaintiff's agreed motion to dismiss Defendant Heartland Human Care Services, Inc. is granted. Plaintiff's claims against Heartland are dismissed with prejudice. The Clerk's Office shall terminate Defendant Heartland as a named defendant. Defendants' response (in one filing for both 18 C 4265 and 18 C 4291) to Plaintiff's motion to transfer due 08/03/2018. Plaintiff's reply due 08/08/2018. Ultimately, the parties ought to consider that if there are non-moot claims (as there almost surely are), then a transfer to another District is not supposed to have a substantive effect, so Rule 12 motions (whether based on subject matter jurisdiction or the merits) should not enter into the transfer calculus. Status hearing set for 08/13/2018 at 8:30 a.m. The government acknowledged that the aspect of the preliminary injunction barring deportation of Plaintiff without his father remains in full force and effect.

  • Memorandum in Opposition to Motion to Transfer Case (08/03/2018) (Access restricted)
  • Reply by Plaintiff W.S.R. to Memorandum in Opposition Motion (08/08/2018) (Access restricted)
  • Supplement to Motion to Transfer Case (08/09/2018) (Access restricted)
  • Minute Entry (08/09/2018)

Plaintiffs W.S.R. and C.D.A. filed a supplement on the docket in both cases, reporting that C.D.A. has been released from the Birks facility. The supplement also says in part, "Plaintiffs request that the Motion to Transfer" be withdrawn. The Court wishes to confirm that the supplement applies to W.S.R., that is, that W.S.R. is also requesting that his motion to transfer be withdrawn. W.S.R.'s counsel shall provide the answer by sending an email to the courtroom deputy, cc:'ing the defense counsel of record, as soon as practicable.

  • Minute Entry (08/09/2018)

Pursuant to the prior docket entry, Plaintiffs' counsel has reported that W.S.R. too withdraws the transfer motion. Each Plaintiff's transfer motion 50 is terminated as withdrawn. In light of the withdrawal of the motion, the Court directs the parties to confer on the next step of the litigation. Specifically, it might make sense for Plaintiffs to file an amended complaint that specifies the theories on which the requested declaratory judgment and fee-shifting is sought; the government would presumably move to dismiss it; and a briefing schedule would be set on the dismissal motion. That would put both sides on the same page before launching into briefing. Also, presumably Plaintiffs could file the amended complaint as a consolidated amended complaint for both Plaintiffs, and then 18-cv-4291 could be administratively terminated so that the parties (and the Court) need upload filings onto only one docket (all the past filings in 18-cv-4291 would be deemed operative in 18-cv-4265). The status hearing time of 8:30 a.m. is reset to 11:30 a.m., on the same date, 08/13/2018. Any counsel may appear via phone by notifying the courtroom deputy by 2 p.m. on the prior business day. If the parties need more time to confer, then they may contact the courtroom deputy to request a continuance of the status hearing.

  • Stipulation re Briefing Schedule (08/10/2018) (Access restricted)
  • Minute Entry (08/10/2018)

Pursuant to the stipulation of the parties, Plaintiffs shall file a consolidated Amended Complaint on behalf of both Plaintiffs seeking a declaratory judgment and attorneys' fees and costs under Case Number 18-cv-4265 by 08/27/2018. The government shall file its motion to dismiss by 09/17/2018. Plaintiffs shall respond by 10/01/2018. Those principal briefs may both use 25 pages. The government's reply is due by 10/09/2018 (10/08/2018 is a federal holiday), limited to 15 pages. The status hearing of 08/13/2018 is reset to 11/07/2018 at 8:30 a.m. After the filing of the consolidated Amended Complaint in 18-cv-4265, the Court will deem all prior filings in 18-cv-4291 as operative in 18-cv-4265, and will administratively close 18-cv-4291. All future filings shall be made only in 18-cv-4265.

  • Plaintiffs’ Second Amended Complaint (08/27/2018) (Access restricted)
  • Motion by Defendants (09/17/2018) (Access restricted)
  • Memorandum by W.S.R. in Opposition to Motion to Dismiss (10/01/2018) (Access restricted)
  • Reply to Memorandum in Opposition (10/09/2018) (Access restricted)
  • Note: Access to this case is restricted. However, according to USA Today, the lawsuit claims that W.S.R. and his father:

were told they would be separated for “two or three days, five at most,” and that they would then be deported … Instead, the father is being held at West Texas Detention Facility in Sierra Blanca, Texas, and W.S.R. is in the care of Heartland Alliance in Chicago. The two allege they were seeking asylum in the U.S. after “the boss of a drug trafficking mafia threatened to kill” them. The drug boss believed that the two provided police with information that resulted in his arrest.

C.D.A. v. Sessions et al (U.S. District Court for the Northern District of Illinois)

  • Complaint (06/20/2018) 
  • Case assigned to the Honorable Elaine E. Bucklo (06/21/2018) 
  • Minute entry: (06/25/2018)

Status hearing set for 7/5/2018 at 9:30 a.m.

  • Executive Committee Order (06/26/2018)

Case reassigned to the Honorable Edmond E. Chang for all further proceedings. Honorable Elaine E. Bucklo no longer assigned to the case pursuant to Local Rule 40.4.

  • Minute Entry (06/27/2018)

An initial status hearing is set for 07/11/2018 at 10:45 a.m.

Plaintiff’s counsel called the courtroom deputy to report that Plaintiff will be filing an emergency motion and to ask for a time to present the motion tomorrow (06/29/2018). The motion hearing is set for 10 a.m. on 06/29/2018. Any out-of-town counsel may appear by telephone by providing a contact number to the courtroom deputy.

For the reasons stated in the Order and during the motion hearing, Plaintiff’s motion for TRO is granted in part and converted to a preliminary-injunction motion in part. Motion hearing set for 07/05/2018 at 10:00AM. The Court notes that Plaintiff’s motion states that the West Texas Defendants will be voluntarily dismissed in light of the change in detention location. The government also will confer with Plaintiff’s counsel on facilitating counsel’s access to Plaintiff’s father and on facilitating communication between Plaintiff and his father.

  • Minute Entry (06/29/2018)

On scheduling, the current briefing schedule calls for a defense response on 07/02/2018 and for Plaintiff’s reply on 07/04/2018 by 5 p.m., with the hearing set for 07/05/2018 at 10 a.m. If Plaintiff’s counsel wants extra time to file the reply, specifically until 2 p.m. on 07/05/2018, then the Court can hold the motion hearing on 07/06/2018 at 10 a.m. If Plaintiff wishes to adjust the schedule in this way, then counsel shall notify defense counsel and the courtroom deputy of that decision by 12 p.m. on 07/03/2018. Any counsel may participate by phone in the hearing (regardless of when it is held) by providing a contact number to the courtroom deputy the business day before. Lastly, the upcoming briefs may be combined to address both 18-cv-4265 and 18-cv-4291 (there is no need to write individualized responses/replies for the respective cases.

  • Notice of Voluntary Dismissal by C.D.A. of Defendants Heartland Alliance International, LLC and Susan Trudeau (06/30/2018) (Access restricted) Motion by Defendants for Leave to File Excess Pages (07/02/2018) (Access restricted)
  • Minute entry (07/02/2018):

The government’s motion for leave to file excess pages is granted. The response may consume as many pages as needed (based on the current estimate of around 20 pages). Plaintiff’s reply ma yuse the same number of pages as the response.

  • Memorandum in Opposition to Motion for temporary restraining order (07/02/2018) (Access restricted)

  • Reply by C.D.A. to Motion by Plaintiff C.D.A. for Temporary Restraining Order Memorandum in Opposition to Motion (07/04/2018) (Access restricted)

  • Affidavit of Karen L Hoffman Attaching Immigration Judge Bond Orders (07/05/2018) (Access restricted)

  • Minute Entry (07/05/2018)

Hearing held on Plaintiffs' motions for preliminary injunction. The Court takes the motions under advisement. By 07/06/2018, Plaintiffs shall upload (to the 18-cv-4265 docket is sufficient) the written decisions of the four immigration judges referenced during the hearing. By 07/06/2018, the government shall upload its filing made in the Flores consent-decree case. The Court held a brief under-seal portion of the hearing with W.S.R., who was assisted by a Portuguese-English interpreter. The status hearing of 07/11/2018 remains in place.

  • Supplement to Motion Hearing (07/05/2018) (Access restricted)
  • Supplement to Reply to Response to Motion, Motion for Temporary Restraining Order, and Request for Emergency Hearing (07/06/2018) (Access restricted)
  • Minute Entry (07/06/2018)

In light of Plaintiff's supplement filed today, R. 33, the Court will alert the parties if a further hearing by telephone is deemed necessary. The Court notes that, on the current record, the government has not expressed any doubt on the father-son relationship asserted by C.D.A., nor has it offered any evidence that reunification would pose a danger to C.D.A.

  • Response by Plaintiff C.D.A. to Defendants’ Notice (07/11/2018) (Access restricted)
  • Minute Entry (07/11/2018)

Status hearing held. The government reported that it is committed to complying with the reunification order, which requires reunification by 1:48 p.m. on 07/12/2018. Government counsel also shall notify Plaintiffs' counsel, via e-mail, of the details of the transfer from ORR to ICE, the reunification location and, if applicable, the circumstances of the release, within 30 minutes of government counsel learning that information. A status hearing is set for 07/13/2018 at 10 a.m. But if the government filed, by 6 p.m. the evening of 07/12/2018, a status report that the reunification has occurred, then the status hearing will be reset for the week of 07/23 to discuss what remains of the litigation here.

  • Motion by Plaintiff C.D.A. For Protective Order Pursuant to F.R.C.P. 5.2(e)(1) (07/12/2018) (Access restricted)
  • Minute Entry (07/12/2018)

Plaintiffs' unopposed motion for protective order is granted. The Court will undertake a review on how to effectuate the redactions. 

  • Status Report (07/12/2018) (Access restricted)
  • Minute Entry (07/12/2018)

In light of the status report confirming that reunification occurred before the deadline, the status hearing of 07/13/2018 is reset to 07/25/2018 at 08:45 a.m. The parties shall confer on what they believe is the next step of the litigation and file a joint status report (with competing positions, if necessary) on 07/23/2018. 

  • Status Report Joint by C.D.A. (07/23/2018) (Access restricted)
  • Motion by Plaintiff C.D.A. to Transfer Case (07/25/2018) (Access restricted)
  • Plaintiffs’ NOTICE of Motion by Amy Maldonado for Presentment of Motion to Transfer Case (07/25/2018) (Access restricted)
  • Motion by Plaintiff C.D.A. Dismissal of Defendant Heartland Human Care Services Inc. Only (Agreed) (07/25/2018) (Access Restricted)  
  • Minute Entry (07/25/2018)

Status hearing held. Plaintiff's out-of-state attorneys appeared by telephone; local counsel and counsel for Defendants appeared in court. Plaintiff's agreed motion to dismiss Defendant Heartland Human Care Services, Inc. is granted. Plaintiff's claims against Heartland are dismissed with prejudice. The Clerk's Office shall terminate Defendant Heartland as a named defendant. Defendants' response (in one filing for both 18 C 4265 and 18 C 4291) to Plaintiff's motion to transfer due 08/03/2018. Plaintiff's reply due 08/08/2018. Ultimately, the parties ought to consider that if there are non-moot claims (as there almost surely are), then a transfer to another District is not supposed to have a substantive effect, so Rule 12 motions (whether based on subject matter jurisdiction or the merits) should not enter into the transfer calculus. Status hearing set for 08/13/2018 at 8:30 a.m. The government acknowledged that the aspect of the preliminary injunction barring deportation of Plaintiff without his father remains in full force and effect.

  • Opposition to Motion to Transfer Case (08/03/2018) (Access restricted)
  • Reply by Plaintiff C.D.A. to Memorandum in Opposition to Motion (08/08/2018) (Access restricted)
  • Supplement to motion to Transfer Case (08/09/2018) (Access restricted)
  • Minute Entry (08/09/2018)

Plaintiffs W.S.R. and C.D.A. filed a supplement on the docket in both cases, reporting that C.D.A. has been released from the Birks facility. The supplement also says in part, "Plaintiffs request that the Motion to Transfer" be withdrawn. The Court wishes to confirm that the supplement applies to W.S.R., that is, that W.S.R. is also requesting that his motion to transfer be withdrawn. W.S.R.'s counsel shall provide the answer by sending an email to the courtroom deputy, cc:'ing the defense counsel of record, as soon as practicable.

  • Minute Entry (08/09/2018)

Pursuant to the prior docket entry, Plaintiffs' counsel has reported that W.S.R. too withdraws the transfer motion. Each Plaintiff's transfer motion 47 is terminated as withdrawn. In light of the withdrawal of the motion, the Court directs the parties to confer on the next step of the litigation. Specifically, it might make sense for Plaintiffs to file an amended complaint that specifies the theories on which the requested declaratory judgment and fee-shifting is sought; the government would presumably move to dismiss it; and a briefing schedule would be set on the dismissal motion. That would put both sides on the same page before launching into briefing. Also, presumably Plaintiffs could file the amended complaint as a consolidated amended complaint for both Plaintiffs, and then 18-cv-4291 could be administratively terminated so that the parties (and the Court) need upload filings onto only one docket (all the past filings in 18-cv-4291 would be deemed operative in 18-cv-4265). The status hearing time of 8:30 a.m. is reset to 11:30 a.m., on the same date, 08/13/2018. Any counsel may appear via phone by notifying the courtroom deputy by 2 p.m. on the prior business day. If the parties need more time to confer, then they may contact the courtroom deputy to request a continuance of the status hearing.

  • Stipulation re: Briefing Schedule (08/10/2018) (Access restricted)
  • Minute Entry (08/10/2018)

Pursuant to the stipulation of the parties, Plaintiffs shall file a consolidated Amended Complaint on behalf of both Plaintiffs seeking a declaratory judgment and attorneys' fees and costs under Case Number 18-cv-4265 by 08/27/2018. The government shall file its motion to dismiss by 09/17/2018. Plaintiffs shall respond by 10/01/2018. Those principal briefs may both use 25 pages. The government's reply is due by 10/09/2018 (10/08/2018 is a federal holiday), limited to 15 pages. The status hearing of 08/13/2018 is reset to 11/07/2018 at 8:30 a.m. After the filing of the consolidated Amended Complaint in 18-cv-4265, the Court will deem all prior filings in 18-cv-4291 as operative in 18-cv-4265, and will administratively close 18-cv-4291. All future filings shall be made only in 18-cv-4265.

​Padilla v. ICE (U.S. District Court for the Western District of Washington)

Ramirez v. Sessions (U.S. District Court for the District of Colombia) 

  • Complaint Against All Defendants with Jury Demand (06/26/2018) (Access restricted)
  • Case Assigned to Judge Richard J. Leon (06/26/2018)
  • Case Reassigned (07/03/2018)

Case reassigned to Judge Paul L. Friedman as there is an earlier related case. Judge Richard J. Leon is no longer assigned to the case

  • Order (08/07/2018)
  • Minute Order (08/20/2018)

The parties are directed to meet and confer and submit a joint status report as to how they intend to proceed in this matter on or before Monday, August 27, 2018.

  • Set/Reset Deadlines (08/21/2018)

Status Report due by 8/27/2018

  • Unopposed Motion for Extension of Time to File Answer re Complaint (08/24/2018) (Access restricted)
  • Minute Order Granting Defendants’ Motion (08/24/2018)
  • Set/Reset Deadlines (08/24/2018)

Answer due by 9/17/2018

  • Joint Stats Report (08/27/2018) (Access restricted)
  • Notice (08/31/2018) (Access restricted)
  • Notice (09/07/2018) (Access restricted)
  • Motion to Dismiss For Failure to State a Claim (09/14/2018) (Access restricted)
  • Motion for Extension of Time to File Response/Reply (09/26/2018) (Access restricted)
  • Order Granting Plaintiffs’ Consent Motion (09/27/2018) (Access restricted)
  • Set/Reset Deadlines (09/27/2018)

Responses due by 10/5/2018

  • Response re Motion to Dismiss (10/05/2018) (Access restricted)

State of Washington et al v. United States of America et al (U.S. District Court for the Western District of Washington) 

Reassigning this matter to the Honorable Marsha J. Pechman because it is related to Case No. CV18-00928MJP. All pleadings filed in the future shall bear case number CV18-00939MJP.

The Government is order to resubmit all its briefing in proper font and page length. The responsive briefing in Defendants' Opposition to the Motion for Expedited Discovery and Regular Status Conferences shall be filed by 5:00 p.m., Thursday, July 12, 2016. The remaining pleadings must be re-formatted and refiled by Monday, July 16, 2018. 

  • Minute Order (07/12/2018)

Rescinding the Minute Order that Defendants resubmit their pleadings. Henceforth, all parties are required to submit their pleadings in 12 point Times New Roman font, and of course in conformity with all other formatting requirements of the Local Rules.

Status Conference held on 7/27/2018. See Order regarding expedited discovery (Dkt. No. 41). Next status conference is scheduled for 8/17/2018 at 9:00 AM in Courtroom 14206 before Judge Marsha J. Pechman.

  • Notice of Hearing re Motion to Dismiss (07/30/2018)

ORAL ARGUMENT/Motion Hearing set for 8/8/2018 at 10:00 AM in Courtroom 14206 before Judge Marsha J. Pechman. Each side is allowed 20 minutes for argument, including rebuttal.

  • Notice of Hearing (07/30/2018)

Telephonic Status Conference set for 8/17/2018 at 09:00 AM before Judge Marsha J. Pechman.

Dep Clerk: Rhonda Miller; Pla Counsel: Colleen Melody, Rebecca Glasgow, Megan Lin, Laura Clinton; Def Counsel: Scott Stewart, Sarah Fabian; CR: Nicki Drury; Motion Hearing held on 8/8/2018 22 MOTION to Dismiss filed by Jefferson Beauregard Sessions, III, U.S. Department of Homeland Security, Donald Trump, Thomas Homan, U.S. Customs and Border Protection, Alex Azar, United States of America, Office of Refugee Resettlement, U.S. Department of Health and Human Services, U.S. Immigration and Customs Enforcement, U.S. Citizenship and Immigration Services, Kevin K. McAleenan, Kirstjen Nielsen, Scott Lloyd. Oral argument presented. Court GRANTS motion to transfer venue to Southern District of California.

Gonzales-Garcia v. Sessions (U.S. District Court for the District of Massachusetts) 

Southwest Environmental Center v. Sessions et al (U.S. District Court for the District of New Mexico) 

PLEASE TAKE NOTICE that this case has been reassigned to Chief District Judge William P. Johnson as the trial judge.

  • Notice Regarding Document Entries (07/10/2018)

Because this case has been reassigned to a district judge, please be advised that any documents filed by the parties under Rule 73(b) have been permanently removed from the docket. Document(s) removed: No. 6. 

  • Case Reassigned (07/17/2018)

PLEASE TAKE NOTICE that this case has been reassigned to Magistrate Judge Kevin R. Sweazea as the pretrial judge. Magistrate Judge Gregory B. Wormuth no longer assigned to this case.

In light of the parties' agreement as to the relief requested, the Court hereby sets a deadline of August 27, 2018 for Defendants to answer Plaintiffs' amended complaint and respond to Plaintiffs' amended motion for preliminary injunction. Plaintiffs shall file any reply in support of their motion for preliminary injunction on or before September 7, 2018. 

Lopez Sales v. Sessions et al. (U.S. District Court for the District of Colombia)

The parties are directed to meet and confer and submit a joint status report as to how they intend to proceed in this matter on or before Monday, August 27, 2018.

  • Set/Reset Deadlines (08/21/2018)

Status Report due by 8/27/2018

M.M.M. v. Sessions (U.S. District Court for the District of Colombia)

The parties shall appear for a hearing on plaintiff' motion for a temporary restraining order on Tuesday, July 31, 2018 at 4:00 p.m. in Courtroom 29A. The parties shall be prepared to argue the TRO motion. The parties shall also be prepared to discuss whether the relief sought is already covered by orders issued by Judge Sabraw in the class action pending in San Diego and, relatedly, whether this case should be transferred to Judge Sabraw. 

  • Minute Entry (07/31/2018)

Motion Hearing held on 7/31/2018, re MOTION for Temporary Restraining Order. Oral argument heard and order forthcoming via chambers.

  • Minute Order (08/01/2018)

The parties are directed to file supplemental briefs addressing the transfer and venue issues raised at the hearing of July 31, 2018, by 5:00 p.m. today. 

  • Set/Reset Deadlines (08/01/2018)

Supplement brief due 8/1/2018, by 5:00 pm.

granting plaintiffs' motion for leave to file response to defendants' supplemental brief in support of defendants' motion to transfer venue. 

Case Transferred as to Counts I, II, and III of the complaint to the USDC for the Southern District of California, pursuant to Court Order entered 08/03/2018.

Dora v. Sessions (U.S. District Court for the District of Colombia)

In view of the parties' joint status report, the parties shall file a further joint status report on or before October 26, 2018. 

  • Set/Reset Deadlines (09/27/2018)

Status Report due by 10/26/2018.

 

Past litigation

R.I.L-R v. Johnson (U.S. District Court for the District of Columbia)

Documents Related to the Flores Settlement Agreement​

Flores v. Reno (U.S. District Court for the Central District of California)

Flores v. Lynch