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Civil Rights Litigation Clearinghouse
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Case Name People of the State of California v. United States of America IM-CA-0102
Docket / Court 3:17-cv-01911-W-BLM ( S.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
This suit, filed on September 20, 2017, challenged President Trump's authorization of the construction of a border wall at the U.S.-Mexico border. The plaintiffs sued the federal government for failing to comply with existing laws and taking actions beyond the scope of its authority. President ... read more >
This suit, filed on September 20, 2017, challenged President Trump's authorization of the construction of a border wall at the U.S.-Mexico border. The plaintiffs sued the federal government for failing to comply with existing laws and taking actions beyond the scope of its authority. President Trump issued Executive Order (EO) 13767 on Jan. 25, 2017; it directed DHS to "allocate all sources of Federal funds for the planning, designing and construction of a physical wall along the southern border." The EO cites as its authority the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). According to the complaint, IIRIRA "allows the Secretary of DHS to waive any law he or she deems necessary to expeditiously construct reinforced fencing authorized under that section." The complaint asserted that DHS twice attempted to exercise this waiver on Aug. 2 and Sept. 12, 2017 with respect to portions of the California border pursuant to the EO. According to the complaint, DHS seeks to enforce the EO through the "construction of a Border Wall, which includes but is not limited to the construction of prototype walls and fences, the construction of barriers and roads that are not in areas of high illegal entry, the construction of barriers that are not in areas where the fencing would be most practical and effective, and the replacement of existing walls and fencing along the United States-Mexico border."

In so doing, the complaint argued that DHS violated the National Environmental Policy Act, the Administrative Procedure Act, and the Coastal Zone Management Act. The plaintiffs sought injunctive and declaratory relief. The complaint further argued that the IIRIRA waiver provision is "limited to the installation of 'additional barriers and roads...in areas of high illegal entry,'" and does not authorize replacement of existing barriers and roads, construction of temporary prototype walls, or the construction of barriers and roads in areas that are not "of high illegal entry into the United States." Accordingly, the plaintiffs sought declaration that the IIRIRA waiver provision does not apply to DHS' proposed activities pursuant to the EO, that the two California waivers do not comply with the IIRIRA waiver provision, and that both the California waivers and the IIRIRA provision itself violate Fifth Amendment due process, the separation of powers doctrine, and the Tenth Amendment.

One plaintiff is the People of California, represented by the Attorney General. The suit sought to protect in particular California's natural resources, sovereign interests in enacting and enforcing state laws, and economic interests in trade and tourism with Mexico as well as property near the border. The other plaintiff is the California Coastal Commission, which is a state agency that implements the Coastal Zone Management Act in California.

The case was assigned to Judge Thomas J. Whelan, then reassigned to Judge Gonzalo P. Curiel on Oct. 5. The case was consolidated with two other cases on Oct. 24. The lead case, which will contain all future updates, is here.

The case is ongoing.

Virginia Weeks - 09/23/2017
Virginia Weeks - 10/24/2017


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Federalism
General
Loss or damage to property
Plaintiff Type
State Plaintiff
Causes of Action Administrative Procedure Act, 5 U.S.C. ยงยง 551 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA)
Defendant(s) Department of Homeland Security
Plaintiff Description State of California
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-CA-0101 : Defenders of Wildlife v. Duke (S.D. Cal.)
IM-CA-0103 : Center for Biological Diversity v. U.S. Department of Homeland Security (S.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
[ 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-1911 (S.D. Cal.)
IM-CA-0102-9000.pdf | Detail
Date: 09/20/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint For Declaratory and Injunctive Relief [ECF# 1]
IM-CA-0102-0001.pdf | Detail
Date: 09/20/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Major, Barbara L. (S.D. Cal.) [Magistrate]
IM-CA-0102-9000
Whelan, Thomas J. (S.D. Cal.)
IM-CA-0102-9000
Plaintiff's Lawyers Becerra, Xavier (California)
IM-CA-0102-0001
Byrne, Robert W. (California)
IM-CA-0102-0001
Cayaban, Michael P. (California)
IM-CA-0102-0001 | IM-CA-0102-9000
Patterson, Timothy R. (California)
IM-CA-0102-0001

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