University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name State of California v. Sessions IM-CA-0094
Docket / Court 3:17-cv-04701 ( N.D. Cal. )
State/Territory California
Case Type(s) Immigration and/or the Border
Special Collection Civil Rights Challenges to Trump Immigration Enforcement Orders
Case Summary
Case summary not yet recorded
The State of California's Attorney General, on behalf of the State, filed this lawsuit against the U.S. Department of Justice (DOJ), including its component Office of Justice Programs (OJP), on Aug. 14, 2017. The complaint was filed in U.S. District Court for the Northern District of California.

California and its political subdivisions receive federal funding through the Edward Byrne Memorial Justice Assistance Grant (Byrne JAG) Program administered by DOJ. California noted that the latest DOJ requirements for FY2017 program funding imposed new conditions on recipients: "to: (a) provide federal immigration enforcement agents with the Department of Homeland Security ('DHS') access to detention facilities to interview inmates who are 'aliens' or believed to be 'aliens' (the 'access condition'); and (b) provide 48 hours’ advance notice to DHS regarding the scheduled release date of an 'alien' upon request by DHS (the 'notification condition')."

California believed that its relevant laws (the TRUST Act and TRUTH Act statutes, governing DHS's access to inmates in state and local custody) in fact complied with these conditions but that DOJ misinterpreted these laws as non-compliant. In any event, California argued that the conditions were so ambiguous that DOJ could continue to wrongly deny California the funding. Additionally, California believed that Congress did not intend these immigration-related conditions in the Byrne JAG statute.

By imposing these conditions on this funding, California alleged, the requirements threatened the implementation of state laws while threatening a critical source of state and municipal funding to "support law enforcement programs, reduce recidivism, conduct prevention and education programs for at-risk youth, and support programs for crime victims and witnesses." California argued that the access and notification requirements would compel it to choose between either maintaining federal funding or maintaining its own sovereignty over public safety, but not both.

California argued that the access and notification requirements violated the U.S. Constitution's Separation of Powers and Spending Clauses (by usurping Congress's ability to set conditions for funding), as well as the Administrative Procedure Act (as arbitrary and capricious and exceeding DOJ's statutory authority). Furthermore, California argued that the requirements would force it to violate the Fourth Amendment by holding detainees past their ordinary release time.

In advance of the imminent Sept. 5, 2017 city deadline and Sept. 25, 2017 state deadline to apply for FY2017 Byrnes JAG funding, California sought declaratory and injunctive relief. California asked the Court to declare that California complied with relevant federal law, and that the notification and access requirements were invalid. California also asked the Court to enjoin DOJ from conditioning funding on the notification and access requirements or otherwise withholding funding based on California's existing relevant laws.

The case was assigned to Magistrate Judge Maria-Elena James on Aug. 15 and reassigned to Judge William H. Orrick on Aug. 28. Judge Orrick had, on Aug. 25, related this case to City and County of San Francisco v. Trump following the State of California's motion in that case.

California filed an amended complaint on Oct. 13. It included an update, maintaining that DOJ had aimed to send award notification letters by Sept. 30, but that neither California nor any of its local jurisdictions had received a letter. California requested a declaration from the Court that relevant state laws (the Values Act and the Shield Confidentiality Statutes, in addition to the TRUST Act and TRUTH Act) do not violate the DOJ conditions.

California then moved for a preliminary injunction on Oct. 31, amended Nov 7. It argued, first, that it would likely succeed on the merits of its claim that the JAG's 8 U.S.C. § 1373 conditions are unlawful under the Spending Clause and the APA's arbitrary and capricious provision, and that the state's relevant statutes do not violate § 1373. California also alleged that the conditions would cause it permanent and irreparable harm.

DOJ opposed the preliminary injunction motion on Nov. 22. First, DOJ argued that the funding conditions were constitutional because the INA links immigration enforcement and law enforcement. Additionally, DOJ noted that it had not determined that the TRUTH Act or TRUST Act violated § 1373, and argued that the Values Act was unlikely to comply with § 1373. Finally, DOJ alleged that California would not suffer harm because it had accepted the same funding condition in FY2016. California replied on Dec. 1. A preliminary injunction motion hearing is scheduled for Dec. 13.

On Dec. 4, DOJ notified the Court that it had awarded a COPS grant to California, but that these funds were unavailable until DOJ completed its inquiry into whether California complied with § 1373. California replied on Dec. 7.

A motion hearing is scheduled for Feb. 28, 2018. Discovery will close on July 31.

This case is ongoing.

Ava Morgenstern - 12/08/2017


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Issues and Causes of Action
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Issues
Constitutional Clause
Federalism
Defendant-type
Jurisdiction-wide
Law-enforcement
General
Funding
Government Services (specify)
Over/Unlawful Detention
Placement in detention facilities
Public assistance grants
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Immigration/Border
Constitutional rights
Criminal prosecution
Deportation - criteria
Deportation - procedure
Detention - criteria
Detention - procedures
Sanctuary city/state
Undocumented immigrants - rights and duties
Undocumented immigrants - state and local regulation
Plaintiff Type
State Plaintiff
Type of Facility
Government-run
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
Defendant(s) U.S. Department of Justice
Plaintiff Description State of California
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Case Ongoing Yes
Case Listing IM-CA-0085 : City and County of San Francisco v. Trump (N.D. Cal.)
IM-CA-0089 : County of Santa Clara v. Trump (N.D. Cal.)
IM-CA-0090 : City of Richmond v. Trump (N.D. Cal.)
IM-CA-0093 : City and County of San Francisco v. Sessions (N.D. Cal.)
Additional Resources
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  Memorandum on Rescission Of Deferred Action For Childhood Arrivals (DACA)
www.dhs.gov
Date: Sep. 5, 2017
By: Department of Homeland Security (Department of Homeland Security)
[ Detail ] [ External Link ]

  Attorney General Becerra Sues Trump Administration for Imposing Unlawful New Grant Conditions Targeted at “Sanctuary Jurisdictions”
oag.ca.gov
Date: Aug. 14, 2017
By: California Attorney General
[ Detail ] [ External Link ]

  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 ]

Docket(s)
3:17-cv-04701 (N.D. Cal.)
IM-CA-0094-9000.pdf | Detail
Date: 10/31/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint For Declaratory and Injunctive Relief [ECF# 1]
IM-CA-0094-0001.pdf | Detail
Date: 08/14/2017
Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint For Declaratory and Injunctive Relief [ECF# 11]
IM-CA-0094-0002.pdf | Detail
Date: 10/13/2017
Source: PACER [Public Access to Court Electronic Records]
Plaintiff State of California's Notice of Motion and Motion For Preliminary Injunction; Memorandum of Points and Authorities In Support Thereof [ECF# 17]
IM-CA-0094-0003.pdf | Detail
Date: 10/31/2017
Source: PACER [Public Access to Court Electronic Records]
Plaintiff State of California's Notice of Amended Motion and Amended Motion For Preliminary Injunction; Memorandum of Points and Authorities In Support Thereof [ECF# 26]
IM-CA-0094-0004.pdf | Detail
Date: 11/07/2017
Source: PACER [Public Access to Court Electronic Records]
Opposition to Plaintiff's Amended Motion for Preliminary Injunction [ECF# 42]
IM-CA-0094-0005.pdf | Detail
Date: 11/22/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Orrick, William Horsley III (N.D. Cal.)
IM-CA-0094-9000
Plaintiff's Lawyers Becerra, Xavier (California)
IM-CA-0094-0001 | IM-CA-0094-0002 | IM-CA-0094-0003 | IM-CA-0094-0004
Belton, Sarah (California)
IM-CA-0094-0001 | IM-CA-0094-0002 | IM-CA-0094-0003 | IM-CA-0094-0004 | IM-CA-0094-9000
Ehrlich, Lisa Catherine (California)
IM-CA-0094-0001 | IM-CA-0094-0002 | IM-CA-0094-0003 | IM-CA-0094-0004 | IM-CA-0094-9000
Newman, Michael L. (California)
IM-CA-0094-0001
Sherman, Lee Isaac (California)
IM-CA-0094-0001 | IM-CA-0094-0002 | IM-CA-0094-0004 | IM-CA-0094-9000
Sierra, Angela (California)
IM-CA-0094-0001 | IM-CA-0094-0002 | IM-CA-0094-0003 | IM-CA-0094-0004
Yanai, Satoshi (California)
IM-CA-0094-0002 | IM-CA-0094-0003 | IM-CA-0094-0004
Defendant's Lawyers Konkoly, Antonia (District of Columbia)
IM-CA-0094-0005
Readler, Chad A. (District of Columbia)
IM-CA-0094-0005
Simpson, W. Scott (District of Columbia)
IM-CA-0094-0005
Stretch, Brian (District of Columbia)
IM-CA-0094-0005
Tyler, John Russell (District of Columbia)
IM-CA-0094-0005

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