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Case Name State of California v. U.S. Department of Justice IM-CA-0114
Docket / Court 3:18-cv-00805-JCS ( N.D. Cal. )
State/Territory California
Case Type(s) Immigration and/or the Border
Special Collection Trump Administration FOIA cases
Case Summary
The State of California filed this suit on February 7, 2018, seeking to compel the U.S. Department of Justice (DOJ) to produce records under the Freedom of Information Act (FOIA). The State sought records related to DOJ's recent decision to impose certain immigration enforcement related conditions ... read more >
The State of California filed this suit on February 7, 2018, seeking to compel the U.S. Department of Justice (DOJ) to produce records under the Freedom of Information Act (FOIA). The State sought records related to DOJ's recent decision to impose certain immigration enforcement related conditions that local jurisdictions must meet to receive federal funding. In requesting these records, the State argued that it sought to better understand how the new conditions related to Congressional intent behind the funding program, as well as the authority under which they were imposed. The State argued that the conditions could risk public safety in some local jurisdictions by undermining trust and cooperation between residents and law enforcement. The suit was brought in the U.S. District Court for the Northern District of California.

The complaint stated that the State had requested records from the DOJ's Office of Justice Programs (OJP) records concerning: (1) OJP's process in adding conditions and certification requirements related to immigration enforcement for the Edward Byrne Memorial Justice Assistance Grant Program (JAG); and (2) OJP’s decision to require the California Board of State and Community Corrections (BSCC) to submit a legal opinion verifying compliance with 8 U.S.C. § 1373 (Section 1373), which prohibited restrictions on sharing information related to immigration or citizenship status. Specifically, the State sought records related to the following conditions that OJP had recently added to the JAG program that must be met for a state to receive JAG funding: (1) a state must have statute, policy, or practice to ensure that federal agents have access to any state correctional facilities in order to determine if detainees are immigrants with a right to be in the U.S.; (2) a state must provide notice to DHS of a scheduled release date of a detainee who is also an immigrant if DHS requests such notice; and (3) a state must certify compliance with Section 1373.

The complaint noted that all three of these conditions were separately challenged in State of California v. Sessions, No. 17-cv-4701, found here .

The case was assigned to Magistrate Judge Joseph C. Spero on Feb. 7, 2018. Over the next year-and-a-half, it appears the parties engaged in settlement negotiations.

On August 13, 2019, the Magistrate Judge Spero issued an order approving the settlement agreement between the parties. In the agreement, the defendants agreed to pay $22,500 to satisfy plaintiff's claims for attorney's fees, costs, and litigation expenses under the FOIA at issue within 60 days, and the plaintiff agreed to release and discharge the defendants from any and all claims and causes of action that the plaintiff asserted. The case is now closed.

Virginia Weeks - 02/11/2018
Caitlin Kierum - 11/13/2019


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Issues and Causes of Action
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Issues
Defendant-type
Jurisdiction-wide
Discrimination-basis
Immigration status
General
Funding
Immigration/Border
Deportation - criteria
Deportation - procedure
Detention - procedures
ICE/DHS/INS raid
Sanctuary city/state
Plaintiff Type
State Plaintiff
Causes of Action Freedom of Information Act (FOIA), 5 U.S.C. § 552
Defendant(s) U.S. Department of Justice
Plaintiff Description State of California.
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Filing Year 2018
Case Closing Year 2019
Case Ongoing No
Case Listing IM-CA-0094 : State of California v. Sessions (N.D. Cal.)
IM-CA-0122 : Community Legal Services in East Palo Alto v. U.S. Department of Homeland Security (N.D. Cal.)
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Docket(s)
3:18-cv-00805-JCS (N.D. Cal.)
IM-CA-0114-9000.pdf | Detail
Date: 08/13/2019
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief [ECF# 1]
IM-CA-0114-0001.pdf | Detail
Date: 02/07/2018
Source: PACER [Public Access to Court Electronic Records]
Stipulation and Order Re: Settlement and Dismissal with Prejudice [ECF# 35] (N.D. Cal.)
IM-CA-0114-0002.pdf | Detail
Date: 08/13/2019
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Spero, Joseph C. (N.D. Cal.) show/hide docs
IM-CA-0114-0002 | IM-CA-0114-9000
Plaintiff's Lawyers Becerra, Xavier (California) show/hide docs
IM-CA-0114-0001 | IM-CA-0114-0002
Belton, Sarah (California) show/hide docs
IM-CA-0114-0001 | IM-CA-0114-0002 | IM-CA-0114-9000
Ehrlich, Lisa Catherine (California) show/hide docs
IM-CA-0114-0001 | IM-CA-0114-9000
Sherman, Lee Isaac (California) show/hide docs
IM-CA-0114-0001 | IM-CA-0114-0002
Yanai, Satoshi (California) show/hide docs
IM-CA-0114-0001 | IM-CA-0114-0002
Defendant's Lawyers Lo, Michelle (California) show/hide docs
IM-CA-0114-9000
Robinson, Kimberly Anne (California) show/hide docs
IM-CA-0114-0002 | IM-CA-0114-9000

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