University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
view search results
page permalink
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 another response to efforts by the Trump Administration to strip law enforcement funding from “sanctuary” cities and states unless their governments agree to participate in federal immigration enforcement.

The state of Oregon filed this lawsuit in the U.S. District ... read more >
This case is another response to efforts by the Trump Administration to strip law enforcement funding from “sanctuary” cities and states unless their governments agree to participate in federal immigration enforcement.

The state of Oregon filed this lawsuit in the U.S. District Court for the District of Oregon on November 9, 2018. The plaintiff, represented by its attorney general, sued President Trump and the U.S. Attorney General under the the Declaratory Judgment Act, the mandamus statute, and the U.S. Constitution. The plaintiff claimed that immigration-related conditions imposed by the government on federal funding to the state violated the Spending Clause, separation-of-powers principles, and the Tenth Amendment. The plaintiff sought declaratory and mandamus relief, as well as an injunction to prevent the government from imposing the conditions on the Edward Byrne Memorial Justice Assistance Grant (Byrne JAG) program, which provides support for Oregon law enforcement. The case was assigned to Judge McShane.

The plaintiff stated that it was unlawfully deprived of federal funding for fiscal year 2017 due to its non-acquiescence with the immigration conditions imposed on the Byrne JAG grant, and it expects to be similarly deprived in FY 2018. The plaintiff alleged that the government imposed three unlawful conditions on FY 2017 Byrne JAG funds; these conditions require that grant recipients: comply with 8 U.S.C. § 1373, which bars local governments from restricting their employees from sharing citizenship and immigration status information with federal immigration authorities; give the federal government 48-hour notice prior to an arrestee’s release; and permit federal immigration officials to access any correctional or detention facility in order to meet with suspected undocumented immigrants.

For FY 2018, the plaintiff alleged that the government imposed two conditions materially identical to the notice and access conditions above. Additionally, the plaintiff stated that the government expanded the condition that recipients comply with § 1373, by also requiring them to comply with 8 U.S.C. § 1644, which is substantively similar. Applicants also must answer questions regarding their compliance with those two statutes, and the jurisdiction’s chief legal officer must certify that the jurisdiction will not violate 8 U.S.C. § 1324(a), which forbids the harboring or concealment of undocumented immigrants.

The plaintiff filed an amended complaint on Nov. 21, 2018, adding information related to another sanctuary city case that Oregon is involved in. As the result of a preliminary injunction in that case (City of Evanston et al. v. Sessions, 1:18-cv-04853), Oregon was provided with an award notice for FY 2017’s Byrne JAG program. However, the plaintiff pointed out in the amended complaint that the defendants have yet to process that award or disburse any funds, and the plaintiff still believes it is likely to be deprived of FY 2018 funds.

On March 5, 2019, the defendants filed a motion to dismiss for failure to state a claim and lack of jurisdiction. The case is ongoing.

Sam Kulhanek - 03/06/2019


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
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) U.S. Department of Justice
Plaintiff Description State of Oregon
Class action status sought No
Class action status granted No
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
Case Listing IM-IL-0022 : City of Evanston v. Sessions (N.D. Ill.)
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)
6:18-cv-1959 (D. Or.)
IM-OR-0008-9000.pdf | Detail
Date: 03/06/2019
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]
show all people docs
Judges McShane, Michael Jerome (D. Or.) show/hide docs
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 Simpson, W. Scott (District of Columbia) show/hide docs
IM-OR-0008-9000

- click to show/hide ALL -

new search
view search results
page permalink

- top of page -