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Case Name S.A. et al v. Trump IM-CA-0125
Docket / Court 3:18-cv-03539-LB ( N.D. Cal. )
State/Territory California
Case Type(s) Immigration and/or the Border
Special Collection Civil Rights Challenges to Trump Refugee/Visa Order
Attorney Organization International Refugee Assistance Project (IRAP)
Case Summary
Applicants and beneficiaries of the Central American Minors (CAM) parole program filed this class-action lawsuit on June 13, 2018, challenging the Trump Administration's termination of the program and its revocation of parole for nearly 3,000 children. Seeking declaratory and injunctive relief, as ... read more >
Applicants and beneficiaries of the Central American Minors (CAM) parole program filed this class-action lawsuit on June 13, 2018, challenging the Trump Administration's termination of the program and its revocation of parole for nearly 3,000 children. Seeking declaratory and injunctive relief, as well as that the defendants be equitably estopped, the plaintiffs alleged that the termination of the program violated the Administrative Procedure Act, regulations promulgated by the Department of Homeland Security, and Fifth Amendment due process and equal protection. The plaintiffs were represented by the International Refugee Assistance Project (IRAP) and the law firm Arnold & Porter LLP. The plaintiffs filed in the U.S. District Court for the Northern District of California. The case was assigned to Magistrate Judge Laurel Beeler.

Established in 2014, the Departments of State (DOS) and Homeland Security (DHS) set up CAM as a dual refugee/parole program in response to the dramatic rise in the number of unaccompanied children from the so-called “Northern Triangle” countries of El Salvador, Honduras, and Guatemala crossing the U.S.-Mexico border. The CAM program allowed children from these countries who had at least one parent living lawfully in the U.S. to apply for refugee resettlement or parole while still in their home countries; in the two and a half years it was in operation, the program enabled at least 3,000 people to emigrate to the U.S. However, within a few days of President Trump’s inauguration and without any public announcement, the CAM program stopped processing applications, even those which had already been submitted. On August 16, 2017, DHS formally announced that the CAM parole program would be terminated and that conditional parole for all CAM beneficiaries who had not yet traveled to the United States would be rescinded.

On July 12, 2018, the plaintiffs moved for a preliminary injunction which would the prevent the government from terminating the CAM program and restore the conditional parole approvals that had been rescinded in August 2017, arguing that the continued separation of children from their parents was causing them irreparable harm.

On December 10, 2018, the court granted in part and denied in part the government’s motion to dismiss. 363 F. Supp 3d 1048. Judge Beeler denied the motion to dismiss the plaintiff’s APA claims, finding the government’s mass revocation of conditional parole approval to be unlawful. The judge dismissed all other claims. On the same day, the court ordered the parties to meet and confer about the plaintiff’s preliminary injunction motion from July.

On March 1, 2019, the court granted in part and denied in part the preliminary injunction from July 2018. 2019 WL 990680. While Judge Beeler denied the motion to enjoin DHS from terminating the CAM program going forward, the Judge ordered the government to resume processing for the approximately 2,700 children who had already received conditional approval. The government was also prohibited from enacting any policy, procedure, or practice to not process the beneficiaries or to put their processing on hold en masse.

On April 12, 2019, the parties entered into a binding memorandum of understanding. The settlement agreement converts the court’s order into a permanent injunction, over which the court retains jurisdiction to enforce. The agreement requires the government to finish processing those applicants whose applications were in their final stages when the government terminated the CAM program.

On May 17, 2019, the final judgment and order for permanent injunction were filed by the court which finalized the agreement between the two parties. DHS was stopped from rescinding conditional approvals for the 2,700 individuals who had been approved for parole. Additionally, DHS was ordered to complete the post-conditional approval processing for those 2,700 individuals under the policies that had been in place before January 2017. Finally, DHS was stopped from adopting any policy or practice that would bar them from processing the 2,700 individuals or putting their processing on hold en masse.

On October 1, 2019, the defendants filed their first status update, which is required of them every three months until the processing is complete. They reported that most of the specific processing items required of them were still in process, but all items, if not completed already, were expected to be completed by the end of October 2019. The case is ongoing.

Alexander Walling - 07/31/2018
Raul Noguera-McElroy - 04/12/2019
Alexandra Gilewicz - 04/15/2019
Christiana Johnson - 10/11/2019


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Content of Injunction
Monitoring
Preliminary relief granted
Reporting
Defendant-type
Jurisdiction-wide
Discrimination-basis
Immigration status
Language discrimination
National origin discrimination
Race discrimination
General
Classification / placement
Disparate Treatment
Family reunification
Juveniles
Loss or damage to property
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Youth / Adult separation
Immigration/Border
Admission - criteria
Admission - procedure
Asylum - procedure
Constitutional rights
Refugees
Visas - criteria
Visas - procedures
Language
Spanish
National Origin/Ethnicity
Hispanic
Plaintiff Type
Private Plaintiff
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Ex parte Young (federal or state officials)
Defendant(s) Department of Homeland Security
Department of State
Plaintiff Description Applicants and beneficiaries of the Central American Minors (CAM) Parole program.
Indexed Lawyer Organizations International Refugee Assistance Project (IRAP)
Class action status sought Yes
Class action status granted Moot
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2019 - n/a
Filing Year 2018
Case Ongoing Yes
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  Presidential Executive Order on Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities
White House
Date: Oct. 24, 2017
By: United States
[ Detail ] [ External Link ]

  Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats
www.whitehouse.gov
Date: Sep. 24, 2017
By: President Donald Trump (Office of the President)
[ Detail ] [ External Link ]

  Implementing Executive Order 13780 Following Supreme Court Ruling -- Guidance to Visa-Adjudicating Posts
Reuters
Date: Jun. 28, 2017
By: U.S. Department of State
[ Detail ] [ PDF ] [ External Link ]

  Presidential Memorandum for the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence
The White House
Date: Jun. 14, 2017
By: Donald Trump (White House)
[ Detail ] [ External Link ]

  Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States
Date: Mar. 6, 2017
By: President Donald Trump (President of the United States)
[ Detail ] [ External Link ]

  Memorandum to the Acting Secretary of State, the Acting Attorney General, and the Secretary of Homeland Security
The White House
Date: Feb. 1, 2017
By: Donald F. McGahn II, Counsel to the President (The White House)
[ Detail ] [ PDF ] [ External Link ]

  Statement by Acting Attorney General Sally Yates
https://www.nytimes.com/
Date: 1/30/2017
By: Acting Attorney General Sally Yates (Department of Justice)
[ Detail ] [ PDF ] [ External Link ]

  Statement By Secretary John Kelly on the Entry of Lawful Permanent Residents into the United States
https://www.dhs.gov/
Date: 1/29/2017
By: DHS Secretary John Kelly (Department of Homeland Security)
Citation: https://www.dhs.gov/news/2017/01/29/statement-secretary-john-kelly-entry-lawful-permanent-residents-united-states
[ Detail ] [ PDF ] [ External Link ]

  OLC Memo Re: Proposed Executive Order Entitled "Protecting the Nation from Foreign Terrorist Entry into the United States"
Date: Jan. 27, 2017
By: Curtis Gannon (U.S. Department of Justice, Office of Legal Counsel)
[ Detail ] [ PDF ] [ External Link ]

  Executive Order: Protecting the Nation from Foreign Terrorist Entry into the United States
Federal Register
Date: Jan. 27, 2017
By: President Donald Trump (Office of the President)
[ Detail ] [ PDF ] [ External Link ]

Docket(s)
3:18-cv-3539 (N.D. Cal.)
IM-CA-0125-9000.pdf | Detail
Date: 04/12/2019
Source: PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint for Declaratory and Injunctive Relief [ECF# 1]
IM-CA-0125-0001.pdf | Detail
Date: 06/13/2018
Source: PACER [Public Access to Court Electronic Records]
Groups File Class Action Challenge to Trump Administration's Termination of Humanitarian Parole Program for Central American Children
IM-CA-0125-0003.pdf | External Link | Detail
Date: 06/14/2018
Order Granting Motion for Appointments of Guardians and Litem [ECF# 19] (2018 WL 3054794) (N.D. Cal.)
IM-CA-0125-0002.pdf | WESTLAW | Detail
Date: 06/19/2018
Source: PACER [Public Access to Court Electronic Records]
Defendants' Motion to Dismiss [ECF# 31]
IM-CA-0125-0006.pdf | Detail
Date: 08/24/2018
Source: PACER [Public Access to Court Electronic Records]
Memorandum In Opposition to Plaintiffs' Motion for a Preliminary Injunction and In Support of Motion to Dismiss [ECF# 32] (2018 WL 7892086)
IM-CA-0125-0007.pdf | WESTLAW | Detail
Date: 08/24/2018
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Statement of Recent Decision Relevant to Motion for Preliminary Injunction [ECF# 41]
IM-CA-0125-0008.pdf | Detail
Date: 10/12/2018
Source: PACER [Public Access to Court Electronic Records]
Order Granting in Part and Denying in Part Defendants' Motion to Dismiss [ECF# 51] (2018 WL 6470253) (N.D. Cal.)
IM-CA-0125-0004.pdf | WESTLAW | Detail
Date: 12/10/2018
Source: PACER [Public Access to Court Electronic Records]
Order Granting in Part and Denying in Part Plaintiffs' Motion for Preliminary Injunction [ECF# 77] (2019 WL 990680) (N.D. Cal.)
IM-CA-0125-0005.pdf | WESTLAW | Detail
Date: 03/01/2019
Source: PACER [Public Access to Court Electronic Records]
Binding Memorandum of Agreement; Proposed Order [ECF# 90] (2019 WL 1593229)
IM-CA-0125-0010.pdf | WESTLAW | Detail
Date: 04/12/2019
Source: PACER [Public Access to Court Electronic Records]
Stipulated Final Judgment and Order for Permanent Injunction [ECF# 99] (N.D. Cal.)
IM-CA-0125-0011.pdf | Detail
Date: 05/17/2019
Source: PACER [Public Access to Court Electronic Records]
Defendants' Second Quarterly Report [ECF# 102]
IM-CA-0125-0012.pdf | Detail
Date: 10/01/2019
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Beeler, Laurel (N.D. Cal.) [Magistrate] show/hide docs
IM-CA-0125-0002 | IM-CA-0125-0004 | IM-CA-0125-0005 | IM-CA-0125-0011 | IM-CA-0125-9000
Plaintiff's Lawyers Asimow, Daniel B. (California) show/hide docs
IM-CA-0125-0001 | IM-CA-0125-0008 | IM-CA-0125-0010 | IM-CA-0125-9000
Campos, Dana O. (District of Columbia) show/hide docs
IM-CA-0125-0001 | IM-CA-0125-0008 | IM-CA-0125-0010
Cox, Justin Bryan (Georgia) show/hide docs
IM-CA-0125-0010 | IM-CA-0125-9000
Evarts, Linda (New York) show/hide docs
IM-CA-0125-0001 | IM-CA-0125-0008 | IM-CA-0125-0010 | IM-CA-0125-9000
Fine, Matthew Harrison (California) show/hide docs
IM-CA-0125-0001 | IM-CA-0125-0008 | IM-CA-0125-9000
Flores, Gaela K. Gehring (District of Columbia) show/hide docs
IM-CA-0125-0001 | IM-CA-0125-0008 | IM-CA-0125-0010
Freedman, John A. (District of Columbia) show/hide docs
IM-CA-0125-0001 | IM-CA-0125-0008 | IM-CA-0125-0010 | IM-CA-0125-9000
Geraci, Phil A. (New York) show/hide docs
IM-CA-0125-0001 | IM-CA-0125-0008 | IM-CA-0125-0010
Hirose, Mariko (New York) show/hide docs
IM-CA-0125-0001 | IM-CA-0125-0008 | IM-CA-0125-0010 | IM-CA-0125-9000
Hu, Susan Shanke (New York) show/hide docs
IM-CA-0125-0001 | IM-CA-0125-0008 | IM-CA-0125-0010
Meyer, Kathryn Claire (New York) show/hide docs
IM-CA-0125-0001 | IM-CA-0125-0008 | IM-CA-0125-0010 | IM-CA-0125-9000
Morris, Mateo (District of Columbia) show/hide docs
IM-CA-0125-0001 | IM-CA-0125-0008 | IM-CA-0125-0010
Weiner, David J. (District of Columbia) show/hide docs
IM-CA-0125-0001 | IM-CA-0125-0008 | IM-CA-0125-0010 | IM-CA-0125-9000
Defendant's Lawyers Anderson, David Lloyd (California) show/hide docs
IM-CA-0125-0010
Daw, Alison E (California) show/hide docs
IM-CA-0125-9000
Garbers, Wendy Marie (California) show/hide docs
IM-CA-0125-0006 | IM-CA-0125-0007 | IM-CA-0125-0010 | IM-CA-0125-0012 | IM-CA-0125-9000
Tse, Alex G. (California) show/hide docs
IM-CA-0125-0007

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