University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name State Of New York v. Trump IM-NY-0055
Docket / Court 1:17-cv-05228 ( E.D.N.Y. )
State/Territory New York
Case Type(s) Immigration and/or the Border
Special Collection Civil Rights Challenges to Trump Immigration Enforcement Orders
Case Summary
Sixteen states filed this lawsuit against the federal government on September 6, 2017 in response to the Department of Homeland Security (DHS) memorandum issued on Sept. 5 ending Deferred Action for Childhood Arrivals (DACA). The states seek to enjoin the federal government from carrying out ... read more >
Sixteen states filed this lawsuit against the federal government on September 6, 2017 in response to the Department of Homeland Security (DHS) memorandum issued on Sept. 5 ending Deferred Action for Childhood Arrivals (DACA). The states seek to enjoin the federal government from carrying out portions of the DHS memorandum and from using information about DACA grantees gathered in their applications to enforce immigration policy. The suit was filed in the U.S. District Court for the Eastern District of New York.

The complaint asserted that since its inception in 2012, DACA has protected approximately 800,000 young people from deportation. As the states described in their complaint, DACA allowed individuals brought to the United States as children who met specific criteria to request deferred action for two years, subject to renewal. Indeed, the states pointed out that many of the grantees have known only the United States to be their home for the majority of their lives. In addition to protecting grantees from being arrested solely due to their immigration status, DACA allowed its grantees to receive public benefits like social security, to enroll in higher education institutions, and to access other benefits like opening up a bank account and buying a car. All throughout, the federal government enforcing DACA clearly represented that it would not use the information obtained in the application process to enforce immigration policy.

The states argued that these grantees will now lose their protections and be at risk for deportation, especially since the grantees provided the federal government with sensitive information in their applications. In light of the DHS memorandum, the federal government will immediately stop accepting new DACA applications. Further, it will only issue renewals for grantees whose terms expire before March 5, 2018, provided they apply for renewal by October 5, 2018. The states highlighted that in addition to the losses DACA grantees will suffer, state and local economies, as well as many higher education institutions, have come to rely on the skills and productivity of the grantees and will therefore also suffer. The states pointed out that over half of DACA grantees are of Mexican origin and thus ending DACA "is a culmination of President’s Trump’s oft-stated commitments...to punish and disparage people with Mexican roots." Further, the states argued that the grantees' sensitive information is at risk since President Trump took "affirmative steps to reduce the privacy protections applicable to DACA data" with a January 2017 Executive Order directing all agencies to "'exclude persons who are not United States citizens or lawful permanent residents from the protections of the Privacy Act regarding personally identifiable information.'” Meanwhile, the states pointed out that the DHS Memorandum did not provide assurance to DACA grantees or direction to USCIS and ICE that this information cannot be used for the purpose of immigration policy enforcement.

The plaintiffs are the states of New York, Massachusetts, Washington, Connecticut, Delaware, District Of Columbia, Hawaii, Illinois, Iowa, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, and Virginia. They argued that ending DACA violates Fifth Amendment equal protection and due process, the Administrative Procedure Act, and the Regulatory Flexibility Act.

The case was assigned to Judge Allyne R. Ross on Sept. 6, and reassigned to Judge Nicholas G. Garaufis and Magistrate Judge James Orenstein the next day.

The plaintiffs filed an amended complaint on Oct. 4, adding the state of Colorado as a plaintiff. The amended complaint also added an equitable estoppel cause of action.

On Oct. 6, the defendants filed the administrative record, available here, which included a series of government documents pertaining to DACA from its inception to the decision to rescind it. In the related case Batalla Vidal v. Baran, the plaintiffs then moved to compel the defendants to complete the administrative record, arguing that the defendants did not produce all documents leading to the rescission. Specifically, they omitted related documents that Acting Secretary Duke did not directly review. The judge in Batalla, who is the same judge here, granted the motion on Oct. 19 and compelled the defendants in both cases to complete the administrative record.

The defendants appealed to the Second Circuit, which granted an emergency motion for a stay of discovery and record supplementation in the district court pending consideration by the Second Circuit on Oct. 20.

On Oct. 27, the defendants moved to dismiss the case, arguing that the rescission is an enforcement action "presumed immune from judicial review" and that the government provided ample explanation for the rescission based on DAPA's enjoinment. On Nov. 9, the court granted in part and denied in part the motion. The court dismissed the plaintiffs' claims that policy changes in how information provided for DACA applications could be used violate both due process and equitable estoppel. The court also dismissed the plaintiffs' claim that the government violated due process by failing to provide individualized notice of the rescission because the plaintiffs lacked standing. In both cases, the court argued that the plaintiffs lacked standing to bring these claims. The court found, however, that the plaintiffs had standing to challenge the DACA rescission. The court reserved ruling on the government's motion to dismiss for failure to state a claim and denied all other parts of its motion.

The case is ongoing.

Virginia Weeks - 09/07/2017
Virginia Weeks - 11/09/2017


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Issues and Causes of Action
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Issues
Benefit Source
DACA (Deferred Action for Childhood Arrivals)
Constitutional Clause
Due Process
Equal Protection
Discrimination-basis
Immigration status
National origin discrimination
General
Confidentiality
Immigration/Border
Constitutional rights
Deportation - criteria
Deportation - judicial review
Deportation - procedure
Status/Classification
National Origin/Ethnicity
Hispanic
Plaintiff Type
State Plaintiff
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
Defendant(s) President of the United States
Plaintiff Description Various states
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Case Ongoing Yes
Case Listing IM-NY-0051 : Batalla Vidal v. Baran (E.D.N.Y.)
Additional Resources
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  New York Dreamer Challenges Trump Administration’s Termination of DACA
https://www.nilc.org
Date: Sep. 5, 2017
By: National Immigration Law Center (National Immigration Law Center)
[ Detail ] [ External Link ]

  A.G. Schneiderman Files Lawsuit To Protect Dreamers And Preserve DACA
https://ag.ny.gov/
Date: Sep. 5, 2017
By: New York State Attorney General (New York State Attorney General)
[ Detail ] [ External Link ]

  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 ]

  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)
1:17−cv−05228−NGG−JO (E.D.N.Y.)
IM-NY-0055-9000.pdf | Detail
Date: 11/06/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint For Declaratory and Injunctive Relief [ECF# 1]
IM-NY-0055-0001.pdf | Detail
Date: 09/06/2017
Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint for Declaratory and Injunctive Relief [ECF# 54]
IM-NY-0055-0002.pdf | Detail
Date: 10/04/2017
Source: PACER [Public Access to Court Electronic Records]
Notice of Motion to Dismiss [ECF# 71]
IM-NY-0055-0003.pdf | Detail
Date: 10/27/2017
Source: PACER [Public Access to Court Electronic Records]
Memorandum & Order [ECF# 85] (E.D.N.Y.)
IM-NY-0055-0004.pdf | Detail
Date: 11/09/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Garaufis, Nicholas (E.D.N.Y.)
IM-NY-0055-0004 | IM-NY-0055-9000
Orenstein, James (E.D.N.Y.) [Magistrate]
IM-NY-0055-9000
Plaintiff's Lawyers Balderas, Hector (New Mexico)
IM-NY-0055-0001
Bass Ehler, Karyn L. (Illinois)
IM-NY-0055-0001
Battles, Benjamin D. (Vermont)
IM-NY-0055-0001 | IM-NY-0055-0002 | IM-NY-0055-9000
Bender, Robyn R. (District of Columbia)
IM-NY-0055-0001
Biernoff, Ari (New Mexico)
IM-NY-0055-0001 | IM-NY-0055-9000
Blake, Nathanael (Iowa)
IM-NY-0055-9000
Chien, Marsha (Washington)
IM-NY-0055-0001 | IM-NY-0055-9000
Chin, Douglas S.G. (Hawaii)
IM-NY-0055-0001
Cohen, Aleine (Delaware)
IM-NY-0055-0002 | IM-NY-0055-9000
Crane, Anna (Illinois)
IM-NY-0055-0001 | IM-NY-0055-9000
De Haan, Brian (Oregon)
IM-NY-0055-0001 | IM-NY-0055-0002 | IM-NY-0055-9000
Denn, Matthew P. (Delaware)
IM-NY-0055-0001 | IM-NY-0055-0002
Donovan, Thomas J. Jr. (Vermont)
IM-NY-0055-0001 | IM-NY-0055-0002
Ferguson, Robert W. (Washington)
IM-NY-0055-0001 | IM-NY-0055-9000
Field, Michael W. (Rhode Island)
IM-NY-0055-0002 | IM-NY-0055-9000
Fischer, Michael J. (Pennsylvania)
IM-NY-0055-0001 | IM-NY-0055-0002 | IM-NY-0055-9000
Goldman, Jonathan Scott (Pennsylvania)
IM-NY-0055-0001 | IM-NY-0055-0002 | IM-NY-0055-9000
Goldstein, Aaron R. (Delaware)
IM-NY-0055-0002 | IM-NY-0055-9000
Healey, Maura T. (Massachusetts)
IM-NY-0055-0001 | IM-NY-0055-9000
Herring, Mark R. (Virginia)
IM-NY-0055-0001 | IM-NY-0055-0002
Jepsen, George (Connecticut)
IM-NY-0055-0001
Kalama, Donna H. (Hawaii)
IM-NY-0055-0001 | IM-NY-0055-9000
Khan, Sania (New York)
IM-NY-0055-0001 | IM-NY-0055-9000
Khera, Harpreet (Illinois)
IM-NY-0055-0001
Kilmartin, Peter F. (Rhode Island)
IM-NY-0055-0001 | IM-NY-0055-0002
Kohler, Mark F. (Connecticut)
IM-NY-0055-0001 | IM-NY-0055-9000
Lucas, Diane (New York)
IM-NY-0055-0001 | IM-NY-0055-9000
Lusk, Jennie (New Mexico)
IM-NY-0055-0001
Madigan, Lisa (Illinois)
IM-NY-0055-0001
Maestas, Tania (New Mexico)
IM-NY-0055-0001 | IM-NY-0055-9000
McEllis, Caitlyn (Illinois)
IM-NY-0055-0001
McGuire, Matthew R. (Virginia)
IM-NY-0055-0001 | IM-NY-0055-0002 | IM-NY-0055-9000
Melmed, Jacki Cooper (Colorado)
IM-NY-0055-0002
Melody, Colleen (Washington)
IM-NY-0055-0001 | IM-NY-0055-9000
Miller, Thomas J. (Iowa)
IM-NY-0055-0001
Miller, Jonathan B. (Massachusetts)
IM-NY-0055-9000
Nadeau, Genevieve (Massachusetts)
IM-NY-0055-0001 | IM-NY-0055-9000
Narasimham, Sripriya (North Carolina)
IM-NY-0055-0001
Narasimhan, Sripriya (North Carolina)
IM-NY-0055-0002
Partington, Rebecca Tedford (Rhode Island)
IM-NY-0055-0002 | IM-NY-0055-9000
Racine, Karl A. (Maryland)
IM-NY-0055-0001
Roach, Adam D. (Rhode Island)
IM-NY-0055-0002 | IM-NY-0055-9000
Rosado, Lourdes Maria (New York)
IM-NY-0055-0001 | IM-NY-0055-9000
Rosenblum, Ellen F. (Oregon)
IM-NY-0055-0001 | IM-NY-0055-0002
Saini, Ajay (New York)
IM-NY-0055-0001 | IM-NY-0055-9000
Schneiderman, Eric T. (New York)
IM-NY-0055-0001
Shapiro, Josh (Pennsylvania)
IM-NY-0055-0001 | IM-NY-0055-0002
Stein, Josh (North Carolina)
IM-NY-0055-0001 | IM-NY-0055-0002
Taylor, Abigail B. (Massachusetts)
IM-NY-0055-0001 | IM-NY-0055-9000
Thompson, Julio A. (Vermont)
IM-NY-0055-0001 | IM-NY-0055-0002
Thompson, Jeffrey S. (Iowa)
IM-NY-0055-0001
VanDam, Jeff (Illinois)
IM-NY-0055-0001
Defendant's Lawyers Bailey, Kate (District of Columbia)
IM-NY-0055-0003 | IM-NY-0055-9000
Pezzi, Stephen M. (District of Columbia)
IM-NY-0055-0003 | IM-NY-0055-9000
Readler, Chad A. (District of Columbia)
IM-NY-0055-0003
Ricketts, Jennifer (District of Columbia)
IM-NY-0055-0003
Rohde, Bridget M. (New York)
IM-NY-0055-0003
Rosenberg, Brad P. (District of Columbia)
IM-NY-0055-0003 | IM-NY-0055-9000
Shumate, Brett (District of Columbia)
IM-NY-0055-0003
Tyler, John Russell (District of Columbia)
IM-NY-0055-0003

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