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Case Name East Bay Sanctuary Covenant v. Trump IM-CA-0137
Docket / Court 3:18-cv-06810 ( N.D. Cal. )
State/Territory California
Case Type(s) Immigration and/or the Border
Attorney Organization ACLU Chapters (any)
ACLU Immigrants' Rights Project
ACLU of Northern California
Center for Constitutional Rights
Case Summary
On November 9, 2018, the nonprofit organization East Bay Sanctuary Covenant (EBSC) challenged the federal government's latest asylum policy prohibiting people who enter the U.S. along the southern border somewhere other than a designated port of entry from obtaining asylum. Specifically, EBSC ... read more >
On November 9, 2018, the nonprofit organization East Bay Sanctuary Covenant (EBSC) challenged the federal government's latest asylum policy prohibiting people who enter the U.S. along the southern border somewhere other than a designated port of entry from obtaining asylum. Specifically, EBSC challenged an interim final rule promulgated on November 8, 2018 declaring all those subject to a presidential proclamation concerning the southern border ineligible for asylum, as well as the “Presidential Proclamation Addressing Mass Migration Through the Southern Border of the United States” signed the next day blocking the entry of all people entering the U.S. without inspection at the southern border. EBSC claimed violations of the Immigration and Nationality Act (INA) and Administrative Procedure Act (APA) and sought declaratory and injunctive relief. The case was filed in the U.S. District Court for the Northern District of California, and assigned to Magistrate Judge Donna M. Ryu.

The complaint stated that EBSC assisted refugees fleeing political persecution, terror, war, intolerance, exploitation, and other violence by providing sanctuary, support, community organizing assistance, advocacy, and legal services. Crucial to its efforts was EBSC's aid to such individuals in applying for asylum and other humanitarian relief in the U.S. In its complaint, EBSC argued that under existing federal law, "manner of entry cannot constitute a categorical asylum bar." The complaint stated that federal law expressly provides that "[a]ny alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival...),...may apply for asylum.” EBSC further argued that in proclaiming its new policy, DHS did not follow necessary procedural steps - like providing a notice and comment period - nor did it have good cause for failing to do so.

The case was reassigned to Judge Jon S. Tigar on November 13, 2018.

On Nov. 19, 2018, the court (Judge Tigar) granted EBSC's motion for temporary restraining order and ordered the government to show cause why it should not be permanently enjoined from putting in place its latest asylum policy. Judge Tigar held that the government's new rule and proclamation "irreconcilably conflict[ed] with the INA and the expressed intent of Congress" and that "[w]hatever the scope of
the President’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden." The court concluded that EBSC and the immigrants it represented would suffer irreparable injury without the TRO because asylum seekers would face greater risk of violence and other harms at the border, and many would be unable to make meritorious asylum claims. The court ordered the TRO to remain in effect until Dec. 19, 2018, at which point the government was to show cause why the government should not be permanently enjoined from implementing the new rule and proclamation.

The case is ongoing.

Virginia Weeks - 11/24/2018


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Issues and Causes of Action
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Issues
Content of Injunction
Preliminary relief granted
Discrimination-basis
Immigration status
National origin discrimination
Immigration/Border
Admission - criteria
Admission - procedure
Asylum - criteria
Asylum - procedure
Border police
Constitutional rights
Refugees
Undocumented immigrants - rights and duties
National Origin/Ethnicity
Hispanic
Plaintiff Type
Non-profit NON-religious organization
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Defendant(s) U.S. Department of Homeland Security
Plaintiff Description Nonprofit organization working with asylum seekers
Indexed Lawyer Organizations ACLU Chapters (any)
ACLU Immigrants' Rights Project
ACLU of Northern California
Center for Constitutional Rights
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Source of Relief Litigation
Order Duration 2018 - 2018
Filing Year 2018
Case Ongoing Yes
Additional Resources
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Docket(s)
3:18-cv-6810 (N.D. Cal.)
IM-CA-0137-9000.pdf | Detail
Date: 11/28/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
IM-CA-0137-0001.pdf | Detail
Date: 11/09/2018
Source: PACER [Public Access to Court Electronic Records]
Order Granting Temporary Restraining Order; Order to Show Cause Re Preliminary Injunction [ECF# 43] (2018 WL 6053140) (N.D. Cal.)
IM-CA-0137-0002.pdf | WESTLAW | Detail
Date: 11/19/2018
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Tigar, Jon Steven (State Trial Court, N.D. Cal.) show/hide docs
IM-CA-0137-0002 | IM-CA-0137-9000
Plaintiff's Lawyers Azmy, Baher (New York) show/hide docs
IM-CA-0137-0001 | IM-CA-0137-9000
Balakrishnan, Anand V. (New York) show/hide docs
IM-CA-0137-0001
Bauer, Mary C. (Virginia) show/hide docs
IM-CA-0137-0001 | IM-CA-0137-9000
Crow, Melissa E. (District of Columbia) show/hide docs
IM-CA-0137-0001
Gelernt, Lee (New York) show/hide docs
IM-CA-0137-0001 | IM-CA-0137-9000
Guisado, Angelo R. (New York) show/hide docs
IM-CA-0137-0001 | IM-CA-0137-9000
Jadwat, Omar C. (New York) show/hide docs
IM-CA-0137-0001 | IM-CA-0137-9000
Newell, Jennifer Chang (California) show/hide docs
IM-CA-0137-0001 | IM-CA-0137-9000
Perez, Celso Javier (New York) show/hide docs
IM-CA-0137-0001 | IM-CA-0137-9000
Rabinovitz, Judy (New York) show/hide docs
IM-CA-0137-0001 | IM-CA-0137-9000
Schwarz, Ghita (New York) show/hide docs
IM-CA-0137-0001 | IM-CA-0137-9000
Sun, Christine Patricia (California) show/hide docs
IM-CA-0137-0001 | IM-CA-0137-9000
Talla, Vasudha (California) show/hide docs
IM-CA-0137-0001 | IM-CA-0137-9000
Veroff, Julie Michelle (California) show/hide docs
IM-CA-0137-0001 | IM-CA-0137-9000
Wofsy, Cody H. (California) show/hide docs
IM-CA-0137-0001 | IM-CA-0137-9000
Defendant's Lawyers Genova, Francesca (District of Columbia) show/hide docs
IM-CA-0137-9000
Reuveni, Erez (District of Columbia) show/hide docs
IM-CA-0137-9000
Stewart, Scott Grant (District of Columbia) show/hide docs
IM-CA-0137-9000
Other Lawyers Joseph, Lawrence J (District of Columbia) show/hide docs
IM-CA-0137-9000
Lin, Megan (Washington) show/hide docs
IM-CA-0137-9000

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