University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name City of Los Angeles v. Sessions III IM-CA-0131
Docket / Court 2:18-cv-07347 ( C.D. Cal. )
State/Territory California
Case Type(s) Immigration and/or the Border
Special Collection Civil Rights Challenges to Trump Immigration Enforcement Orders
Case Summary
This case is a response to actions taken by the Department of Justice (DOJ) following litigation in the 2017 case, City of Los Angeles v. Sessions (IM-CA-0104). On August 22, 2018, the City of Los Angeles filed this lawsuit in ... read more >
This case is a response to actions taken by the Department of Justice (DOJ) following litigation in the 2017 case, City of Los Angeles v. Sessions (IM-CA-0104). On August 22, 2018, the City of Los Angeles filed this lawsuit in the U.S. District Court for the Central District of California. The plaintiff sued the DOJ and the Attorney General under the Declaratory Judgment Act and the Administrative Procedure Act (APA). The plaintiff, represented by its legal department and private counsel, sought declaratory and injunctive relief, as well as attorneys fees and costs. The city claimed that by unlawfully imposing immigration-related conditions on federal funding to the city, the government violated separation of powers, the spending clause, the Tenth Amendment, and the APA. Judge Manuel Real was assigned to the case.

Los Angeles had been receiving federal funding through the Edward Byrne Memorial Justice Assistance Grant (Byrne JAG), a criminal justice grant administered by the Bureau of Justice Assistance (BJA), a component of DOJ. DOJ requirements for its 2018 program funding imposed immigration-related conditions on recipient cities, including Los Angeles. The plaintiff alleged that four of these conditions were materially identical to conditions imposed on other Byrne JAG grants that had been enjoined by the courts in other litigation. The conditions required that local government entities not prohibit or restrict communication between government entities or officials and the Department of Homeland Security (DHS). Recipients would have to provide DHS at least 48 hours advance notice of any noncitizen's scheduled release from custody and allow DHS to access any correctional or detention facility to question suspected undocumented immigrants about their right to be in the country. The plaintiff also alleged that the defendant had included requirements to not publicly disclose federal law enforcement information in an attempt to conceal, harbor, or shield individuals from detention, and required certification that funding recipients were in compliance.

On October 5, 2018, the plaintiff filed an amended complaint, adding allegations regarding another federal grant program: the Gang Suppression Planning Grants Program (Juvenile Gang Prevention Grant). This Grant was issued under authority of the Juvenile Justice and Delinquency Prevention Act of 1974, which authorized the Office of Juvenile Justice and Delinquency Prevention (OJJDP), a sub-component of DOJ, to make grants to local units of government in order to promote the goals of preventing, controlling, and reducing juvenile delinquency. The plaintiff alleged that unlawful conditions materially identical to those placed on the Byrne JAG grant had also been imposed on the Juvenile Gang Prevention Grant.

On October 5, 2018, the plaintiff moved for partial summary judgment as to the counts alleging the unlawful conditions imposed on the Byrne JAG grant. The defendant had yet to respond to the complaint or motion as of October 2018, and the case is ongoing.

Sam Kulhanek - 10/08/2018


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Constitutional Clause
Federalism
Defendant-type
Jurisdiction-wide
Law-enforcement
General
Funding
Immigration/Border
Sanctuary city/state
Undocumented immigrants - rights and duties
Undocumented immigrants - state and local regulation
Plaintiff Type
City/County Plaintiff
Causes of Action Administrative Procedure Act, 5 U.S.C. ยงยง 551 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
Defendant(s) US Department of Justice
Plaintiff Description The City of Los Angeles
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Unknown
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Filing Year 2018
Case Ongoing Yes
Case Listing IM-CA-0104 : City of Los Angeles v. Sessions (C.D. Cal.)
Additional Resources
click to show/hide detail
  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)
2:18-cv-7347 (C.D. Cal.)
IM-CA-0131-9000.pdf | Detail
Date: 10/12/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
IM-CA-0131-0001.pdf | Detail
Date: 08/22/2018
Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint [ECF# 40]
IM-CA-0131-0002.pdf | Detail
Date: 10/05/2018
Source: PACER [Public Access to Court Electronic Records]
Judges Chooljian, Jacqueline (C.D. Cal.) [Magistrate]
IM-CA-0131-9000
Real, Manuel Lawrence (C.D. Cal.)
IM-CA-0131-9000
Plaintiff's Lawyers Cavataro, Benjamin L. (District of Columbia)
IM-CA-0131-0001 | IM-CA-0131-0002 | IM-CA-0131-9000
Clark, James Patrick (California)
IM-CA-0131-0001 | IM-CA-0131-0002 | IM-CA-0131-9000
Dundas, Michael Joseph (California)
IM-CA-0131-0001 | IM-CA-0131-0002 | IM-CA-0131-9000
Feuer, Michael Nelson (California)
IM-CA-0131-0001 | IM-CA-0131-0002 | IM-CA-0131-9000
Flores, Valerie L. (California)
IM-CA-0131-0001 | IM-CA-0131-0002 | IM-CA-0131-9000
Hong, Steven H. (California)
IM-CA-0131-0002
Kamin, Mitchell A. (California)
IM-CA-0131-0001 | IM-CA-0131-0002 | IM-CA-0131-9000
Kapur, Leela (California)
IM-CA-0131-0001 | IM-CA-0131-0002
Minassian, Dania (California)
IM-CA-0131-0001 | IM-CA-0131-0002 | IM-CA-0131-9000
Sahni, Neema (California)
IM-CA-0131-0001 | IM-CA-0131-0002 | IM-CA-0131-9000
Ventresca, Ivano Michael (District of Columbia)
IM-CA-0131-0001 | IM-CA-0131-0002 | IM-CA-0131-9000
Zionts, David M. (District of Columbia)
IM-CA-0131-0001 | IM-CA-0131-0002 | IM-CA-0131-9000
Defendant's Lawyers Simpson, W. Scott (District of Columbia)
IM-CA-0131-9000

- click to show/hide ALL -

new search
page permalink

- top of page -