University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
view search results
page permalink
Case Name S.A. 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 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 and 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. As of July 31, 2018, the court scheduled a hearing on the motion for October 11; the government had yet to file a reply brief; and the case is still ongoing.

Alexander Walling - 07/31/2018


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Constitutional Clause
Due Process
Equal Protection
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 Pending
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Filing Year 2018
Case Ongoing Yes
Additional Resources
click to show/hide detail
  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: 07/25/2018
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]
Judges Beeler, Laurel (N.D. Cal.) [Magistrate]
IM-CA-0125-0002 | IM-CA-0125-9000
Plaintiff's Lawyers Asimow, Daniel B. (California)
IM-CA-0125-0001 | IM-CA-0125-9000
Campos, Dana O. (District of Columbia)
IM-CA-0125-0001
Evarts, Linda (New York)
IM-CA-0125-0001 | IM-CA-0125-9000
Fine, Matthew Harrison (California)
IM-CA-0125-0001 | IM-CA-0125-9000
Flores, Gaela K. Gehring (District of Columbia)
IM-CA-0125-0001
Freedman, John A. (District of Columbia)
IM-CA-0125-0001 | IM-CA-0125-9000
Geraci, Phil A. (New York)
IM-CA-0125-0001
Hirose, Mariko (New York)
IM-CA-0125-0001 | IM-CA-0125-9000
Hu, Susan Shanke (New York)
IM-CA-0125-0001
Meyer, Kathryn Claire (New York)
IM-CA-0125-0001 | IM-CA-0125-9000
Morris, Mateo (District of Columbia)
IM-CA-0125-0001
Weiner, David J. (District of Columbia)
IM-CA-0125-0001 | IM-CA-0125-9000
Defendant's Lawyers Garbers, Wendy Marie (California)
IM-CA-0125-9000

- click to show/hide ALL -

new search
view search results
page permalink

- top of page -