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Case Name Oregon v. Trump IM-OR-0008
Docket / Court 6:18-cv-01959-MC ( D. Or. )
State/Territory Oregon
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 efforts by the Trump administration to strip law enforcement funding from “sanctuary” cities and states.

The State of Oregon and the City of Portland filed this lawsuit in the U.S. District Court for the District of Oregon on November 9, 2018. Represented ... read more >
This case is a response to efforts by the Trump administration to strip law enforcement funding from “sanctuary” cities and states.

The State of Oregon and the City of Portland filed this lawsuit in the U.S. District Court for the District of Oregon on November 9, 2018. Represented by the Oregon Attorney General and the Portland City Attorney’s Office, they sued President Trump and the U.S. Attorney General under the United States Constitution and the Declaratory Judgment Act. They claimed that immigration-related conditions on federal funding for law enforcement violated the Spending Clause and the Tenth Amendment. They sought declaratory relief, a writ of mandamus, and an injunction, prohibiting the federal government from imposing immigration-related conditions on the Edward Byrne Memorial Justice Assistance Grant (Byrne JAG) program, which provides support for local law enforcement. The case was assigned to Judge Michael McShane.

The plaintiffs stated that they were unlawfully deprived of more than $2 million of federal funding for fiscal year 2017 due to their non-acquiescence in the immigration conditions imposed on the Byrne JAG program. They expected to be similarly deprived in FY 2018. They alleged that the federal government had imposed three unlawful conditions on FY 2017 Byrne JAG funds, requiring grant recipients to:
  1. comply with 8 U.S.C. § 1373 (which requires local governments to allow their employees to share their citizenship and immigration status information with federal authorities);
  2. give the federal government 48 hours’ notice prior to releasing arrestees; and
  3. permit federal immigration officials to access any correctional or detention facility to meet with suspected undocumented immigrants.
The plaintiffs further alleged that the Trump administration had imposed similar but more intrusive conditions on FY 2018 funding: local governments were additionally required to comply with 8 U.S.C. § 1644; were required to answer questions regarding their compliance with the two statutes; and were required to certify that they would not violate 8 U.S.C. § 1324(a), which forbids the harboring or concealment of undocumented immigrants.

The plaintiffs filed an amended complaint on Nov. 21, 2018, adding information related to another sanctuary city case that Oregon was involved in. As a result of a preliminary injunction in that case (City of Evanston et al. v. Sessions), Oregon was provided with an award notice for FY 2017’s Byrne JAG program. However, the plaintiffs pointed out in the amended complaint that the federal government had yet to process that award or disburse any funds, and the plaintiffs still believed that they would be deprived of FY 2018 funds.

On March 5, 2019, the Trump administration filed a motion to dismiss for failure to state a claim and for lack of jurisdiction; the plaintiffs filed a motion for summary judgment on April 8, 2019. On August 7, the court denied the federal government’s motion to dismiss, and partly granted the plaintiffs’ motion for summary judgment. It held that Sections 1373 and 1644 violated the Tenth Amendment, such that the federal government could not withhold funds based on those statutes. The plaintiffs were “therefore entitled to a writ of mandamus compelling distribution of their FY 2017 and FY 2018 funds.” 406 F. Supp. 3d 940. The writ of mandamus and accompanying injunction were issued on August 29, 2019. The court also awarded costs to the plaintiffs, in the amount of $420, on October 24, 2019.

On October 4, 2019, the federal government appealed the case (Ninth Circuit docket number 19-35843). As of July 2020, that appeal is pending.

Sam Kulhanek - 03/06/2019
Bogyung Lim - 07/25/2020


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Issues and Causes of Action
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Issues
Constitutional Clause
Federalism (including 10th Amendment)
General
Funding
Immigration/Border
Sanctuary city/state
Undocumented immigrants - state and local regulation
Plaintiff Type
State Plaintiff
Causes of Action Declaratory Judgment Act, 28 U.S.C. § 2201
Mandamus, 28 U.S.C. § 1361
Defendant(s) President Donald Trump
U.S. Department of Justice
Plaintiff Description The State of Oregon and the City of Portland
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 11/09/2018
Case Ongoing Yes
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)
6:18-cv-1959 (D. Or.)
IM-OR-0008-9000.pdf | Detail
Date: 11/08/2019
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
IM-OR-0008-0001.pdf | Detail
Date: 11/09/2018
Source: PACER [Public Access to Court Electronic Records]
Amended Complaint [ECF# 3]
IM-OR-0008-0002.pdf | Detail
Date: 11/21/2018
Source: PACER [Public Access to Court Electronic Records]
Opinion and Order [ECF# 36] (406 F.Supp.3d 940) (D. Or.)
IM-OR-0008-0003.pdf | WESTLAW| LEXIS | Detail
Date: 08/07/2019
Source: Google Scholar
Judgment and Order Denying Defendants' Motion to Dismiss; Granting Plaintiffs' Motion for Summary Judgment in Part, and Issuing Injunctions and Mandamus [ECF# 38] (D. Or.)
IM-OR-0008-0004.pdf | Detail
Date: 08/29/2019
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 42] (D. Or.)
IM-OR-0008-0005.pdf | Detail
Date: 10/24/2019
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges McShane, Michael Jerome (D. Or.) show/hide docs
IM-OR-0008-0003 | IM-OR-0008-0004 | IM-OR-0008-0005 | IM-OR-0008-9000
Plaintiff's Lawyers Abrams, Marc (Oregon) show/hide docs
IM-OR-0008-0001 | IM-OR-0008-0002 | IM-OR-0008-9000
Kidd, Justin E. (Oregon) show/hide docs
IM-OR-0008-0002 | IM-OR-0008-9000
Reeve, Tracy (Oregon) show/hide docs
IM-OR-0008-0002 | IM-OR-0008-9000
Rosenblum, Ellen F. (Oregon) show/hide docs
IM-OR-0008-0001 | IM-OR-0008-0002
Shah, Peenesh H. (Oregon) show/hide docs
IM-OR-0008-0001 | IM-OR-0008-0002 | IM-OR-0008-9000
Sheffield, Naomi (Oregon) show/hide docs
IM-OR-0008-0002 | IM-OR-0008-9000
Smith, Timothy Daly (Oregon) show/hide docs
IM-OR-0008-0001 | IM-OR-0008-0002 | IM-OR-0008-9000
Vannier, Denis M. (Oregon) show/hide docs
IM-OR-0008-0002 | IM-OR-0008-9000
Defendant's Lawyers Mauler, Daniel (District of Columbia) show/hide docs
IM-OR-0008-9000
Simpson, W. Scott (District of Columbia) show/hide docs
IM-OR-0008-9000

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