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Civil Rights Litigation Clearinghouse
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Case Name State of California v. Sessions IM-CA-0133
Docket / Court 3:18-cv-05169-KAW ( N.D. Cal. )
Additional Docket(s) 4:18-cv-05169  [ 18-5169 ]  Northern District of CA (U.S.)
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 another response to efforts by the Trump Administration to strip law enforcement funding from states and certain local jurisdictions unless their governments agree to participate in federal immigration enforcement.

On August 23, 2018, the State of California filed this ... read more >
This case is another response to efforts by the Trump Administration to strip law enforcement funding from states and certain local jurisdictions unless their governments agree to participate in federal immigration enforcement.

On August 23, 2018, the State of California filed this lawsuit in the U.S. District Court for the Northern District of California. The plaintiff, represented by its attorney general, sued the Department of Justice (DOJ) and the Attorney General under the Administrative Procedure Act (APA), the Declaratory Judgment Act, and the Mandamus Statute. The plaintiff claimed that by unlawfully imposing immigration-related conditions on federal funding to the State, the government violated the spending clause and the APA. The plaintiffs requested a declaratory judgment that the JAG certification requirements were unconstitutional, injunctive relief barring their use, and mandamus compelling the defendants to issue and disperse FY2018 funds, as well as attorneys' fees and costs.

California had been receiving federal funding through the Edward Byrne Memorial Justice Assistance Grant (JAG) program, a criminal justice grant administered by the DOJ and the Office of Justice Programs (OJP). The plaintiff alleged that in 2017 the DOJ imposed unprecedented immigration enforcement conditions on recipients of JAG funding and that courts across the country had since struck those conditions as unconstitutional. The plaintiff also alleged that rather than change these conditions, the DOJ maintained a requirement for FY2018 grants that the chief law officer of the jurisdiction applying for the grant certify compliance with 8 U.S.C. § 1373, which prohibits local government entities from imposing restrictions on the exchange of information regarding an individual’s immigration or citizenship status, among other statutes.

The case was assigned to Magistrate Judge Kandis A. Westmore, but was later reassigned to Judge William Orrick after it was related to another case challenging the FY2018 funding conditions; that case can be found here. On November 1, the plaintiffs filed an amended complaint.

On December 3, 2018, the defendants moved to dismiss for failure to state a claim and for partial summary judgment. They made the same arguments as the appeal pending in the Ninth Circuit regarding FY2017 conditions: basically, that the conditions were lawfully authorized by statute. The plaintiffs cross-filed for summary judgment in their response three weeks later.

On March 4, 2019, Judge Orrick granted summary judgment to the plaintiffs. Judge Orrick found that the challenged conditions were ultra vires and violated the separation of powers; that 8 U.S.C. § 1373 was unconstitutional; that the Attorney General exceeded the Spending Clause by imposing ambiguous conditions on Byrne JAG grants in FY2018; that the conditions were arbitrary and capricious in violation of the APA; that California was entitled to mandamus relief; and that a nationwide injunction was warranted but stayed.

On March 26, Judge Orrick issued a permanent injunction, enjoining the defendants from using the FY2018 Byrne JAG funding conditions for any California state entity, San Francisco, any California political subdivision, or any jurisdiction in the United States. The judge then stayed the nationwide aspect of the permanent injunction until further rulings from the Ninth Circuit (which had expressed concerns over the nationwide nature of the relief during the 2017 litigation over Byrne JAG funding conditions).

On May 3, 2019, the defendants appealed to the Ninth Circuit (Docket No. 19-15950). The parties subsequently entered mediation conferences. In November 2019, the Ninth Circuit stayed the appeals. The case is ongoing.

Sam Kulhanek - 04/08/2019
Chelsea Rinnig - 01/12/2020


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Issues and Causes of Action
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Issues
Constitutional Clause
Federalism (including 10th Amendment)
Defendant-type
Jurisdiction-wide
Law-enforcement
General
Funding
Immigration/Border
Sanctuary city/state
Undocumented immigrants - state and local regulation
Plaintiff Type
State Plaintiff
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
Mandamus, 28 U.S.C. § 1361
Defendant(s) US Department of Justice
Plaintiff Description The State of California
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Declaratory Judgment
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Filed 2018
Case Ongoing Yes
Case Listing IM-CA-0085 : City and County of San Francisco v. Trump (N.D. Cal.)
IM-CA-0132 : City and County of San Francisco v. Sessions III (N.D. Cal.)
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  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)
4:18-cv-5169 (N.D. Cal.)
IM-CA-0133-9000.pdf | Detail
Date: 11/12/2019
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
IM-CA-0133-0001.pdf | Detail
Date: 08/23/2018
Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint [ECF# 20]
IM-CA-0133-0002.pdf | Detail
Date: 11/01/2018
Source: PACER [Public Access to Court Electronic Records]
Order Granting Plaintiff’s Motion For Summary Judgment And Denying Defendants’ Motion For Partial Dismissal Or Partial Summary Judgment [ECF# 47] (372 F.Supp.3d 928) (N.D. Cal.)
IM-CA-0133-0003.pdf | WESTLAW| LEXIS | Detail
Date: 03/04/2019
Source: PACER [Public Access to Court Electronic Records]
Judgment and Order Granting Plaintiffs' Motions for Summary Judgment [ECF# 51] (N.D. Cal.)
IM-CA-0133-0004.pdf | Detail
Date: 03/26/2019
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Orrick, William Horsley III (N.D. Cal.) show/hide docs
IM-CA-0133-0003 | IM-CA-0133-0004 | IM-CA-0133-9000
Plaintiff's Lawyers Becerra, Xavier (California) show/hide docs
IM-CA-0133-0001 | IM-CA-0133-0002
Belton, Sarah (California) show/hide docs
IM-CA-0133-0001 | IM-CA-0133-0002 | IM-CA-0133-9000
Lindsey, Garrett Murlan (California) show/hide docs
IM-CA-0133-9000
Melton, Cherokee Dawn−Marie (California) show/hide docs
IM-CA-0133-9000
Newman, Michael L. (California) show/hide docs
IM-CA-0133-0002
Sherman, Lee Isaac (California) show/hide docs
IM-CA-0133-0001 | IM-CA-0133-0002 | IM-CA-0133-9000
Yanai, Satoshi (California) show/hide docs
IM-CA-0133-0001
Defendant's Lawyers Mauler, Daniel (District of Columbia) show/hide docs
IM-CA-0133-9000
Simpson, W. Scott (District of Columbia) show/hide docs
IM-CA-0133-9000
Other Lawyers Evans, Sue Ann Salmon (California) show/hide docs
IM-CA-0133-9000
Holmquist, David (California) show/hide docs
IM-CA-0133-9000
Navera, Devora Montoya (California) show/hide docs
IM-CA-0133-9000
Park, Bryan Justin (California) show/hide docs
IM-CA-0133-9000

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