Case: City of West Palm Beach v. United States Attorney General

9:18-cv-80131 | U.S. District Court for the Southern District of Florida

Filed Date: Feb. 6, 2018

Closed Date: March 29, 2019

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Case Summary

This action, filed on February 6, 2018, challenged the Department of Justice's "sanctuary city" policy tying federal funding to immigration enforcement. The plaintiff, the city of West Palm Beach, Florida ("the City"), sued the DOJ after the DOJ threatened to subpoena the City for records out of suspicion that the City might be noncompliant with immigration law and therefore ineligible for federal funding. The City argued it was fully compliant with federal law, and that linking funding to par…

This action, filed on February 6, 2018, challenged the Department of Justice's "sanctuary city" policy tying federal funding to immigration enforcement. The plaintiff, the city of West Palm Beach, Florida ("the City"), sued the DOJ after the DOJ threatened to subpoena the City for records out of suspicion that the City might be noncompliant with immigration law and therefore ineligible for federal funding. The City argued it was fully compliant with federal law, and that linking funding to particular immigration laws violated the separation of powers, the Spending Clause, the Tenth Amendment, and the Administrative Procedure Act. The City filed this case in the U.S. District Court for the Southern District of Florida. It sought declaratory and injunctive relief.

The City argued that with nearly 27% of its population consisting of foreign-born individuals, immigrants were "an integral part of the City’s" civic, academic, and labor communities, and that the City depended on its immigrant population. In March 2017, the complaint explained, the City adopted a resolution seeking to keep information related to one's immigration and citizenship status private while expressly providing that federal laws superseded the resolution. The City's goal was "to foster trust between the immigrant population and City officials and employees, and to encourage people of all backgrounds to take full advantage of the City’s resources and opportunities."

Separately, the complaint explained that it had received nearly $400,000 in federal Byrne JAG funding since 2006. The City argued that starting November 2017, the DOJ began targeting it for alleged compliance issues with 8 U.S.C. § 1373, which prohibits localities from interfering with certain federal immigration enforcement measures. On January 25, 2017, President Trump issued an executive order tying federal funds to compliance with § 1373. The complaint stated that in a letter sent to the City in November 2017, the DOJ requested information addressing the status of the City's compliance with § 1373 and eligibility for Byrne JAG funding. The City responded to the letter to affirm its compliance and eligibility. In January 2018, the DOJ sent another letter indicating the City may be out of compliance and requesting that the City send documents relevant to the inquiry and that failure to do so would result in a subpoena.

Ultimately, the City argued that the DOJ had no statutory authority for imposing such conditions on the Byrne JAG grant. Even if Congress did intend to so authorize the DOJ, requiring certification of compliance with § 1373 violated the Spending Clause. Moreover, the City argued that its Resolution and laws were fully compliant with federal law, and that it was not a "sanctuary city."

On February 21, the City moved for preliminary injunction, seeking a declaration that it was compliant with § 1373. Shortly thereafter, the parties entered into mediation. On March 23, the parties indicated they had reached a settlement. The DOJ declared that the City was in compliance with federal law, and that it was therefore eligible for the federal grant. The City agreed to end the litigation and subsequently issued a memorandum to city employees clarifying that its laws did not preclude sharing information with federal immigration officials. The parties filed a joint stipulation of dismissal on March 28, and the court ordered the case closed the next day.

The case is now closed. The settlement agreement is not currently publicly available, though this page will be updated if becomes available.

Summary Authors

Virginia Weeks (3/30/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6298257/parties/the-city-of-west-palm-beach-v-united-states-attorney-general/


Judge(s)

Brannon, Dave Lee (Florida)

Attorney for Plaintiff

Brown, Alison K. (Florida)

Fresco, Leon (District of Columbia)

Attorney for Defendant

Erickson−Pogorzelski, Anthony (District of Columbia)

Konkoly, Antonia (District of Columbia)

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Documents in the Clearinghouse

Document

9:18-cv-80131

Docket [PACER]

The City of West Palm Beach v. United States Attorney General

March 29, 2018

March 29, 2018

Docket
1

9:18-cv-80131

Complaint for Declaratory Judgment and Injunctive Relief

The City of West Palm Beach v. Sessions

Feb. 6, 2018

Feb. 6, 2018

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6298257/the-city-of-west-palm-beach-v-united-states-attorney-general/

Last updated Jan. 27, 2024, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF against All Defendants. Filing fees $ 400.00 receipt number 113C-10388929, filed by THE CITY OF WEST PALM BEACH. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Civil Cover Sheet, # 16 Summon(s) JEFFERSON B. SESSIONS, # 17 Summon(s) ALAN R. HANSON, # 18 Summon(s) JON ADLER, # 19 Summon(s) UNITED STATES Department of Justice)(Brown, Alison) (Entered: 02/06/2018)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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14 Exhibit 14

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15 Civil Cover Sheet

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16 Summon(s) JEFFERSON B. SESSIONS

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17 Summon(s) ALAN R. HANSON

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18 Summon(s) JON ADLER

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19 Summon(s) UNITED STATES Department of Justice

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Feb. 6, 2018

Feb. 6, 2018

RECAP
2

Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (ail) (Entered: 02/07/2018)

Feb. 6, 2018

Feb. 6, 2018

PACER
3

Summons Issued as to Assistant United States Attorney General, Bureau of Justice, United States Attorney General, United States Department of Justice (ail) (Entered: 02/07/2018)

Feb. 7, 2018

Feb. 7, 2018

PACER
4

NOTICE of Attorney Appearance by Leon Fresco on behalf of The City of West Palm Beach. Attorney Leon Fresco added to party The City of West Palm Beach(pty:pla). (Fresco, Leon) (Entered: 02/07/2018)

Feb. 7, 2018

Feb. 7, 2018

PACER
5

ORDER SETTING TRIAL DATE AND SCH EDULING CONFERENCE: Scheduling Conference set for 3/1/2018 at 1:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks. Jury Trial set for 10/1/2018 at 9:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. Calendar Call set for 9/26/2018 at 1:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 2/15/2018. (ail) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 02/16/2018)

Feb. 16, 2018

Feb. 16, 2018

PACER
6

Plaintiff's MOTION for Preliminary Injunction by The City of West Palm Beach. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Fresco, Leon) (Entered: 02/21/2018)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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Feb. 21, 2018

Feb. 21, 2018

PACER
7

Unopposed MOTION for Leave to Appear telephonically at March 1, 2018 Schedule Conference . Attorney/Representative: John R. Tyler by Assistant United States Attorney General, Bureau of Justice, United States Attorney General, United States Department of Justice. Attorney Anthony Erickson-Pogorzelski added to party Assistant United States Attorney General(pty:dft), Attorney Anthony Erickson-Pogorzelski added to party Bureau of Justice(pty:dft), Attorney Anthony Erickson-Pogorzelski added to party United States Attorney General(pty:dft), Attorney Anthony Erickson-Pogorzelski added to party United States Department of Justice(pty:dft). Responses due by 3/9/2018 (Attachments: # 1 Text of Proposed Order)(Erickson-Pogorzelski, Anthony) (Entered: 02/23/2018)

1 Text of Proposed Order

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Feb. 23, 2018

Feb. 23, 2018

PACER
8

ENDORSED ORDER granting 7 Unopposed Motion to Appear by Telephone. Defendants' may appear by telephone at the scheduling conference before the Court on March 1, 2018 at 1:15 p.m. The Court will call Defendants' counsel John R. Tyler at the number provided in Defendants' Motion. Signed by Judge Donald M. Middlebrooks on 2/26/2018. (kal) (Entered: 02/26/2018)

Feb. 26, 2018

Feb. 26, 2018

PACER
9

ACKNOWLEDGMENT OF SERVICE as to 3 Summons Issued as to USA, 1 Complaint,, filed by The City of West Palm Beach. (Brown, Alison) (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

PACER
10

NOTICE of Attorney Appearance by Antonia Konkoly on behalf of Assistant United States Attorney General, Bureau of Justice, United States Attorney General, United States Department of Justice. Attorney Antonia Konkoly added to party Assistant United States Attorney General(pty:dft), Attorney Antonia Konkoly added to party Bureau of Justice(pty:dft), Attorney Antonia Konkoly added to party United States Attorney General(pty:dft), Attorney Antonia Konkoly added to party United States Department of Justice(pty:dft). (Konkoly, Antonia) (Entered: 02/28/2018)

Feb. 28, 2018

Feb. 28, 2018

PACER
11

Joint SCHEDULING REPORT - Rule 16.1 by Assistant United States Attorney General, Bureau of Justice, United States Attorney General, United States Department of Justice (Attachments: # 1 Text of Proposed Order)(Konkoly, Antonia) (Entered: 02/28/2018)

1 Text of Proposed Order

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Feb. 28, 2018

Feb. 28, 2018

PACER
12

PAPERLESS Minute Entry for proceedings held before Judge Donald M. Middlebrooks: Scheduling Conference held on 3/1/2018. Attorney Appearance(s): Leon Fresco, Alison K Brown, Kimberly Rothenburg and John Tyler. Order to follow. Total time in court: 33 minutes. Court Reporter: Diane Miller, 561-514-3728 / Diane_Miller@flsd.uscourts.gov. (gm1) (Entered: 03/01/2018)

March 1, 2018

March 1, 2018

PACER
13

ORDER STAYING RESPONSE DEADLINE AND REQUIRING STATUS REPORT ON MEDIATION re 6 Plaintiff's MOTION for Preliminary Injunction filed by The City of West Palm Beach ( Status Report due by 3/12/2018.) Signed by Judge Donald M. Middlebrooks on 3/1/2018. (ail) (Entered: 03/02/2018)

March 2, 2018

March 2, 2018

PACER
14

STATUS REPORT and Motion for Leave to Continue Informal Settlement Discussions Through and Including March 16, 2018 by Assistant United States Attorney General, Bureau of Justice, United States Attorney General, United States Department of Justice (Attachments: # 1 Text of Proposed Order)(Konkoly, Antonia) (Entered: 03/12/2018)

1 Text of Proposed Order

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March 12, 2018

March 12, 2018

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15

ORDER EXTENDING DEADLINE FOR STATUS REPORT ON MEDIATION re 14 Status Report, filed by Bureau of Justice, Assistant United States Attorney General, United States Department of Justice, United States Attorney General, (Status Report due by 3/16/2018.) Signed by Judge Donald M. Middlebrooks on 3/12/2018. (ail) (Entered: 03/13/2018)

March 13, 2018

March 13, 2018

PACER
16

STATUS REPORT and Motion for Leave to Continue Informal Settlement Discussions Through and Including March 23, 2018 by Assistant United States Attorney General, Bureau of Justice, United States Attorney General, United States Department of Justice (Attachments: # 1 Text of Proposed Order)(Konkoly, Antonia) (Entered: 03/16/2018)

1 Text of Proposed Order

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March 16, 2018

March 16, 2018

PACER
17

ORDER EXTENDING DEADLINE FOR STATUS REPORT ON MEDIATION (Status Report due by 3/23/2018.) Signed by Judge Donald M. Middlebrooks on 3/20/2018. (ail) (Entered: 03/22/2018)

March 22, 2018

March 22, 2018

PACER
18

STATUS REPORT and Notice of Settlement by Assistant United States Attorney General, Bureau of Justice, United States Attorney General, United States Department of Justice (Konkoly, Antonia) (Entered: 03/23/2018)

March 23, 2018

March 23, 2018

PACER
19

ENDORSED ORDER. The Parties have notified the Court that they have reached an agreement in principle to settle this matter. Accordingly, the Parties must file appropriate closing documents by March 30, 2018 at 12:00 p.m. Signed by Judge Donald M. Middlebrooks on 3/23/2018. (kal) (Entered: 03/23/2018)

March 23, 2018

March 23, 2018

PACER
20

STIPULATION of Dismissal, JOINT by The City of West Palm Beach (Attachments: # 1 Text of Proposed Order Final Order of Dismissal)(Brown, Alison) (Entered: 03/28/2018)

1 Text of Proposed Order Final Order of Dismissal

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March 28, 2018

March 28, 2018

PACER
21

ORDER Closing Case Signed by Judge Donald M. Middlebrooks on 3/28/2018. (ail) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. (Entered: 03/29/2018)

March 29, 2018

March 29, 2018

PACER

Case Details

State / Territory: Florida

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 6, 2018

Closing Date: March 29, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

City of West Palm Beach, Florida

Plaintiff Type(s):

City/County Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Justice, Federal

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Federalism (including 10th Amendment)

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Funding

Immigration/Border:

Sanctuary city/state