University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Teneng v. Trump IM-CA-0129
Docket / Court 5:18-cv-01609 ( C.D. Cal. )
State/Territory California
Case Type(s) Immigration and/or the Border
Prison Conditions
Special Collection Civil Rights Challenges to Trump Immigration Enforcement Orders
Civil Rights Challenges to Trump Refugee/Visa Order
Attorney Organization ACLU National Prison Project
Civil Rights Education and Enforcement Center
Case Summary
On August 1, 2018, the plaintiffs, six class representatives on behalf of all civil immigration detainees imprisoned at the Federal Correctional Institution Medium II, also called Victorville, filed this class-action lawsuit in the U.S. District Court for the Central District of California. The ... read more >
On August 1, 2018, the plaintiffs, six class representatives on behalf of all civil immigration detainees imprisoned at the Federal Correctional Institution Medium II, also called Victorville, filed this class-action lawsuit in the U.S. District Court for the Central District of California. The plaintiffs, represented by the ACLU and the Civil Rights Education Enforcement Center, among others, sued Donald Trump and Jeff Sessions, as well as the directors of the Departments of Homeland Security, Immigration and Customs Enforcement, the Federal Bureau of Prisons, the Los Angeles Field Office of Immigrations and Customs Enforcement, and the Warden of Victorville Prison under the Religious Freedom Restoration Act, 42 U.S.C. § 2000bb.

ICE moved a large group of detainees to Victorville on June 8, 2018, and many of the plaintiffs had been detained there from that date. They had been denied adequate food and recreation time, accommodations to practice their religions and access to healthcare. The plaintiffs sought injunctive relief, claiming violations of their Fifth Amendment rights to due process and First Amendment rights to free exercise of religion. They asked the Court to order the defendants to move all ICE immigration detainees from Victorville as quickly as possible. In the meantime, plaintiffs ask that they be provided with adequate health care, nutrition, out-of-cell time, programming, reading materials, and accommodations for religious practice, including compliant diet, clothing and jewelry, religious texts and opportunities for prayer and group worship.

The case was assigned to Judge Jesus G. Bernal. In September 2018, the plaintiffs filed for class certification, preliminary injunction, and expedited discovery. The defendants requested extra time to respond, which the court granted. The parties then jointly requested additional time, saying they were actively working toward an agreement. They requested hearing dates for the Plaintiff's motions in November of 2018.

The case is currently ongoing.

Rachel Carpman - 10/05/2018


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Constitutional Clause
Due Process
Free Exercise Clause
Defendant-type
Corrections
Discrimination-basis
Immigration status
Religion discrimination
General
Conditions of confinement
Food service / nutrition / hydration
Over/Unlawful Detention
Recreation / Exercise
Religious programs / policies
Totality of conditions
Immigration/Border
Asylum - procedure
Constitutional rights
Detention - criteria
Detention - procedures
Refugees
Language
Other
Medical/Mental Health
Medical care, general
Medical care, unspecified
National Origin/Ethnicity
Arab/Afgani/Middle Eastern
Hispanic
Indian
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)
Defendant(s) Department of Homeland Security
Department of Justice
Federal Bureau of Prisons
Immigration and Customs Enforcement
President of the United States
Plaintiff Description Plaintiffs are asylum seekers detained at Victorville Federal Prison in California.
Indexed Lawyer Organizations ACLU National Prison Project
Civil Rights Education and Enforcement Center
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 ]

  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 ]

  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 ]

  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 ]

  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 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: 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 ]

  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)
5:18-cv-1609 (C.D. Cal.)
IM-CA-0129-9000.pdf | Detail
Date: 10/04/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
IM-CA-0129-0001.pdf | Detail
Date: 08/01/2018
Source: PACER [Public Access to Court Electronic Records]
Judges Bernal, Jesus Gilberto (C.D. Cal.)
IM-CA-0129-9000
Kato, Kenly Kiya Court not on record [Magistrate]
IM-CA-0129-9000
Plaintiff's Lawyers Arulanantham, Rekha (District of Columbia)
IM-CA-0129-9000
Barker, Lori J. (California)
IM-CA-0129-9000
Fathi, David Cyrus (District of Columbia)
IM-CA-0129-9000
Fox, Timothy Patrick (Colorado)
IM-CA-0129-9000
Harris, Nancy E. (California)
IM-CA-0129-9000
Jordan, Elizabeth B. (Colorado)
IM-CA-0129-9000
Kaufman, Michael Bryan (California)
IM-CA-0129-9000
Kendrick, Corene Thaedra (California)
IM-CA-0129-9000
Lopez, Victoria A. (District of Columbia)
IM-CA-0129-9000
Mach, Daniel (District of Columbia)
IM-CA-0129-9000
Mendelson, Margot Knight (California)
IM-CA-0129-0001 | IM-CA-0129-9000
Moscowitz, Ellyn (California)
IM-CA-0129-9000
Rosenberg, Jason Sherriff (California)
IM-CA-0129-9000
Smiddy, Anne Elizabeth (California)
IM-CA-0129-9000
Specter, Donald H. (California)
IM-CA-0129-9000
Weaver, Heather Lynn (District of Columbia)
IM-CA-0129-9000
Defendant's Lawyers Osinoff, Joanne I. (California)
IM-CA-0129-9000
Pinchas, David E (California)
IM-CA-0129-9000

- click to show/hide ALL -

new search
page permalink

- top of page -