University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name N.T.C. v. U.S. Immigration and Customs Enforcement IM-CA-0128
Docket / Court 3:18-cv-01626-DMS-JLB ( S.D. Cal. )
Additional Docket(s) 1:18-cv-06428-JMF  [ 18-6428 ]  district not recorded
State/Territory California
Case Type(s) Immigration and/or the Border
Special Collection Civil Rights Challenges to Trump Immigration Enforcement Orders
Attorney Organization Legal Services/Legal Aid
Case Summary
On July 16, 2018, a group of minor children who recently came to the United States filed this lawsuit in the United States District Court for the Southern District of New York. The plaintiffs sued the Department of Health and Human Services, the Office of Refugee Resettlement (ORR), the Department ... read more >
On July 16, 2018, a group of minor children who recently came to the United States filed this lawsuit in the United States District Court for the Southern District of New York. The plaintiffs sued the Department of Health and Human Services, the Office of Refugee Resettlement (ORR), the Department of Homeland Security (DHS), and all relevant sub-agencies of DHS, including Immigration and Customs Enforcement (ICE), U.S. Citizenship and Immigration Services (USCIS), and Customs and Border Protection (CBP). They brought the lawsuit under the William Wilberforce Trafficking Victims Protection Reauthorization Act (TVPRA), the Immigration and Nationality Act, and the Administrative Procedure Act. They argued that the defendants’ policy of taking children away from their parents and then moving them across state lines without any notice to the children, their families, or counsel, violated their Due Process rights under the Fifth Amendment to the United States Constitution, their right to seek protection under the Asylum Statute, their rights as guaranteed by the Flores settlement, and the Administrative Procedures Act.

Specifically, the plaintiffs claimed that this policy harmed them by depriving them of the ability to seek counsel. The plaintiffs, represented by Legal Aid Society, sought an order enjoining the defendants from taking any action to remove children from New York state without providing 48 hours of advance notice to children, their families, and counsel in order to permit legal consultation so that they may make informed decisions concerning their rights and potential claims. “Notice” was to include the location to where the minor child would be moved, the location where the child’s parent(s) reside, and the purpose of the move.

The complaint also sought class certification for “all minor children within the New York State who enter the United States at or between designated ports of entry who have been or will be separated from a parent or parents absent a determination that the parent is unfit or presents a danger to the child who are detained in ORR custody, ORR foster care, or DHS custody.”

Given the urgency of the situation, this case moved very quickly. The day after the complaint was filed, Judge Laura Taylor Swain granted the plaintiffs limited injunctive relief. This relief restrained the defendants “from taking any action to remove minor children clients of the Legal Aid Society from New York State who are in ORR custody without providing 48 hours’ advanced notice.” The relief was to remain in effect until July 19, 2018, subject to extension.

On July 19, 2018, Judge Jesse M. Furman transferred the case to Southern District of California to be consolidated with Ms. L v. Immigration and Customs Enforcement, due to the similar nature of the cases. Updates concerning further litigation can be found there.

Nina Orteza - 10/16/2018


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Content of Injunction
Preliminary relief granted
Defendant-type
Law-enforcement
Discrimination-basis
Immigration status
General
Access to lawyers or judicial system
Family reunification
Juveniles
Youth / Adult separation
Immigration/Border
Admission - procedure
Asylum - procedure
Constitutional rights
Deportation - procedure
Family
Status/Classification
Undocumented immigrants - rights and duties
Plaintiff Type
Private Plaintiff
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Defendant(s) Citizenship and Immigration Services
Customs and Border Protection
Department of Health and Human Services
Department of Homeland Security
Department of Justice
Immigration and Customs Enforcement
Office of Refugee Resettlement
Plaintiff Description Minor children clients of the Legal Aid Society
Indexed Lawyer Organizations Legal Services/Legal Aid
Class action status sought Yes
Class action status granted Pending
Filed Pro Se Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Source of Relief Litigation
Filing Year 2018
Case Ongoing Yes
Case Listing IM-CA-0121 : Ms. L. v. U.S. Immigration and Customs Enforcement (S.D. Cal.)
Additional Resources
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  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)
3:18-cv-1626 (S.D. Cal.)
IM-CA-0128-9000.pdf | Detail
Date: 07/27/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint [ECF# 1]
IM-CA-0128-0001.pdf | Detail
Date: 07/16/2018
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 9] (S.D. Cal.)
IM-CA-0128-0003.pdf | Detail
Date: 07/17/2018
Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order [ECF# 20] (2018 WL 3472544) (S.D.N.Y.)
IM-CA-0128-0002.pdf | WESTLAW | Detail
Date: 07/19/2018
Source: PACER [Public Access to Court Electronic Records]
Judges Burkhardt, Jill L. Court not on record [Magistrate]
IM-CA-0128-9000
Furman, Jesse Matthew (S.D.N.Y.)
IM-CA-0128-0002
Sabraw, Dana Makoto (S.D. Cal.)
IM-CA-0128-9000
Swain, Laura Taylor (S.D.N.Y.)
IM-CA-0128-0003
Plaintiff's Lawyers Copeland, Gregory Paul (New York)
IM-CA-0128-0001 | IM-CA-0128-9000
Frahn, Harrison [Buzz] (California)
IM-CA-0128-9000
Gillman, Sarah Telo (New York)
IM-CA-0128-0001 | IM-CA-0128-9000
Goldiner, Judith (New York)
IM-CA-0128-0001 | IM-CA-0128-9000
Holder, Adriene L. (New York)
IM-CA-0128-0001
Krause, Beth (New York)
IM-CA-0128-0001
Kronenberg, Chet A. (California)
IM-CA-0128-9000
Levy, Jennifer (New York)
IM-CA-0128-0001 | IM-CA-0128-9000
Reiter, Charles D. (California)
IM-CA-0128-9000
Rieser-Murphy, Elizabeth Mary (New York)
IM-CA-0128-0001 | IM-CA-0128-9000
Rosenberg, Scott Alan (New York)
IM-CA-0128-0001 | IM-CA-0128-9000
Shafiqullah, Hasan (New York)
IM-CA-0128-0001
Defendant's Lawyers Byars, Michael James (New York)
IM-CA-0128-9000
Fabian, Sarah B. (District of Columbia)
IM-CA-0128-9000
Flentje, August E. (District of Columbia)
IM-CA-0128-9000
Waterman, Brandon M. (New York)
IM-CA-0128-9000
Welhaf, Ann M. (District of Columbia)
IM-CA-0128-9000

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