University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Mayor and City Council of Baltimore v. Trump IM-MD-0010
Docket / Court 1:18-cv-03636-ELH ( D. Md. )
State/Territory Maryland
Case Type(s) Immigration and/or the Border
Case Summary
On November 28, 2018, the Mayor and City Council of Baltimore, Maryland filed this lawsuit in the U.S. District Court for the District of Maryland. The plaintiff sued U.S. President Donald Trump, U.S. Secretary of State Michael Pompeo, and the U.S. Department of State under the Administrative ... read more >
On November 28, 2018, the Mayor and City Council of Baltimore, Maryland filed this lawsuit in the U.S. District Court for the District of Maryland. The plaintiff sued U.S. President Donald Trump, U.S. Secretary of State Michael Pompeo, and the U.S. Department of State under the Administrative Procedure Act and Bivens for violations of the Fifth Amendment. The plaintiff, represented by the Democracy Forward Foundation and the City of Baltimore Department of Law, sought attorneys’ fees and declaratory and injunctive relief prohibiting defendants from enforcing January 2018 changes to the State Department’s Foreign Affairs Manual. The changes were to instructions to consular officers on how to determine the likelihood a visa applicant would become a public charge if admitted to the United States. The plaintiff alleged that the increase in public benefit listed in the new definition would, in effect, decrease the number of immigrants eligible to apply for visas. The changes were made without providing the public legally required notice, explanation, and opportunity for comment.

The defendants moved to dismiss the complaint on February 25, 2019. They argued that the City of Baltimore lacked subject matter jurisdiction under Rule 12(b)(1) of the Federal Rules of Civil Procedure and failed to state a claim upon which relief could be granted.

The lawsuit is ongoing.

Ashton Dubey - 10/02/2019


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Immigration/Border
Visas - criteria
Plaintiff Type
City/County Plaintiff
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Ex Parte Young (Federal) or Bivens
Defendant(s) U.S. Department of State
Plaintiff Description The City of Baltimore.
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
Docket(s)
1:18-cv-3636 (D. Md.)
IM-MD-0010-9000.pdf | Detail
Date: 06/06/2019
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
IM-MD-0010-0001.pdf | Detail
Date: 11/28/2018
Source: PACER [Public Access to Court Electronic Records]
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Judges Hollander, Ellen Lipton (D. Md.) show/hide docs
IM-MD-0010-9000
Plaintiff's Lawyers Jones, Karianne M. (District of Columbia) show/hide docs
IM-MD-0010-0001 | IM-MD-0010-9000
Lewis, John T. (District of Columbia) show/hide docs
IM-MD-0010-0001 | IM-MD-0010-9000
Martinez, Elizabeth (New Mexico) show/hide docs
IM-MD-0010-0001
Sangree, Suzanne (Maryland) show/hide docs
IM-MD-0010-0001 | IM-MD-0010-9000
Seel, Benjamin (District of Columbia) show/hide docs
IM-MD-0010-9000
Defendant's Lawyers Luh, James C. (District of Columbia) show/hide docs
IM-MD-0010-9000
Other Lawyers Baluch, Ejaz Hussain Jr. (Maryland) show/hide docs
IM-MD-0010-9000
Jones, Robert Stanton (District of Columbia) show/hide docs
IM-MD-0010-9000
Lattner, Edward Barry (Maryland) show/hide docs
IM-MD-0010-9000
Nannery, Valerie M (District of Columbia) show/hide docs
IM-MD-0010-9000
Verduzco, Brenda Ayon (California) show/hide docs
IM-MD-0010-9000

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