University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
view search results
page permalink
Case Name Ryan v. ICE IM-MA-0017
Docket / Court 1:19-cv-11003 ( D. Mass. )
State/Territory Massachusetts
Case Type(s) Immigration and/or the Border
Special Collection Civil Rights Challenges to Trump Immigration Enforcement Orders
Case Summary
On April 29, 2019, the Middlesex County District Attorney, Suffolk County District Attorney, Committee for Public Counsel Services (“CPCS”), and the Chelsea Collaborative, Inc., filed this lawsuit in the U.S. District Court for the District of Massachusetts. The plaintiffs sued U.S. Immigration ... read more >
On April 29, 2019, the Middlesex County District Attorney, Suffolk County District Attorney, Committee for Public Counsel Services (“CPCS”), and the Chelsea Collaborative, Inc., filed this lawsuit in the U.S. District Court for the District of Massachusetts. The plaintiffs sued U.S. Immigration and Customs Enforcement (“ICE”), U.S. Department of Homeland Security, and several officials under the Administrative Procedure Act, 5 U.S.C. § 706(2)(C), and the Immigration and Nationality Act, 8 U.S.C. §§ 1226(a), 1357(a). The plaintiffs sought declaratory, injunctive, and monetary relief, claiming violations of common-law privilege against civil arrests in courthouses and the Tenth Amendment. The plaintiffs alleged that in 2017, ICE authorized a nationwide campaign to target state courthouses as sites for civil-immigration enforcement. The plaintiffs further alleged that this policy undermined the administration of justice in Massachusetts, as many permanent residents refused to appear in court out of fear of ICE interference.

On April 29, 2019, the plaintiffs filed a Motion for Preliminary Injunction that sought to enjoin ICE from authorizing and conducting civil arrests on parties, witnesses, and others attending Massachusetts courthouses on official business. The plaintiffs alleged that by authorizing civil arrests in courthouses, ICE ignored the well-settled common-law privilege against such civil arrests and exceeded its statutory jurisdiction under the Immigrant and Nationality Act. Thus, the practice is unlawful and should be set aside under the Administrative Procedure Act. While the motion included other claims, the plaintiffs sought preliminary injunctive relief only on this claim.

On May 15, 2019, the defendants filed an Opposition to the Motion for Preliminary Injunction. In the Opposition, the defendants disputed the existence of a common-law privilege against civil arrest in courthouses. Furthermore, the defendants argued that even if the common-law privilege existed, Congress erased the privilege when it passed the INA.

On June 20, 2019, Judge Indira Talwani granted the plaintiff’s motion for preliminary injunction and issued a memorandum. See 382 F. Supp. 3d 142 (2019). Judge Talwani found that plaintiffs had standing to bring the suit, were likely to succeed on the merits of their Administrative Procedure Act claim, and the injunction was of public interest. Thus, the defendants were enjoined from implementing the Courthouse Civil Arrest Directive and from civilly arresting parties, witnesses, and others attending Massachusetts courthouses on official business while they are going to, attending, or leaving the courthouse.

On August 16, 2019, the defendants filed a Notice of Appeal as to the Preliminary Injunction. On September 6, 2019, the appeal was granted by the U.S. Court of Appeals for the First Circuit and the outcome is now pending.

Aaron Gurley - 09/27/2019


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Constitutional Clause
Federalism
Content of Injunction
Preliminary relief granted
Defendant-type
Law-enforcement
Immigration/Border
Deportation - procedure
ICE/DHS/INS raid
Sanctuary city/state
Undocumented immigrants - rights and duties
Undocumented immigrants - state and local regulation
Plaintiff Type
City/County Plaintiff
Non-profit NON-religious organization
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Defendant(s) U.S. Department of Homeland Security
U.S. Immigration and Customs Enforcement
Plaintiff Description District attorneys and public service organizations.
Class action status sought No
Class action status granted Moot
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 2019 - n/a
Filing Year 2019
Case Ongoing Yes
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)
1:19-cv-11003 (D. Mass.)
IM-MA-0017-9000.pdf | Detail
Date: 08/28/2019
Source: PACER [Public Access to Court Electronic Records]
General Documents
U.S. Immigration and Customs Enforcement Directive Number 11072.1 [ECF# 46]
IM-MA-0017-0004.pdf | Detail
Date: 01/10/2018
Source: PACER [Public Access to Court Electronic Records]
Complaint [ECF# 1]
IM-MA-0017-0001.pdf | Detail
Date: 04/29/2019
Source: PACER [Public Access to Court Electronic Records]
Memorandum in Support of Plaintiffs' Motion for Preliminary Injunction [ECF# 6]
IM-MA-0017-0002.pdf | Detail
Date: 04/29/2019
Source: PACER [Public Access to Court Electronic Records]
Defendants' Opposition to the Motion for Preliminary Injunction [ECF# 34]
IM-MA-0017-0003.pdf | Detail
Date: 05/15/2019
Source: PACER [Public Access to Court Electronic Records]
Memorandum & Order Granting Plaintiffs' Motion for Preliminary Injunction [ECF# 51] (382 F.Supp.3d 142) (D. Mass.)
IM-MA-0017-0005.pdf | WESTLAW| LEXIS | Detail
Date: 06/20/2019
Source: PACER [Public Access to Court Electronic Records]
Preliminary Injunction [ECF# 52] (D. Mass.)
IM-MA-0017-0006.pdf | Detail
Date: 06/20/2019
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Talwani, Indira (D. Mass.) show/hide docs
IM-MA-0017-0005 | IM-MA-0017-0006 | IM-MA-0017-9000
Plaintiff's Lawyers Bennion, Bradly P. (Massachusetts) show/hide docs
IM-MA-0017-9000
Benson, Jordan (Massachusetts) show/hide docs
IM-MA-0017-0001 | IM-MA-0017-0002 | IM-MA-0017-9000
Fahey, Katherine M. (Massachusetts) show/hide docs
IM-MA-0017-0001 | IM-MA-0017-0002 | IM-MA-0017-9000
Hajec, Christopher J. (District of Columbia) show/hide docs
IM-MA-0017-9000
Herbert, Christopher J.C. (Massachusetts) show/hide docs
IM-MA-0017-0001 | IM-MA-0017-0002 | IM-MA-0017-9000
Nimni, Oren N. (Massachusetts) show/hide docs
IM-MA-0017-0001 | IM-MA-0017-0002 | IM-MA-0017-9000
Rubio-Spring, Alicia (Massachusetts) show/hide docs
IM-MA-0017-0001 | IM-MA-0017-0002 | IM-MA-0017-9000
Wayne, Wendy S. (Massachusetts) show/hide docs
IM-MA-0017-0001 | IM-MA-0017-0002 | IM-MA-0017-9000
Wiesen, Daryl L. (Massachusetts) show/hide docs
IM-MA-0017-0001 | IM-MA-0017-0002 | IM-MA-0017-9000
Zimmer, David (California) show/hide docs
IM-MA-0017-0001 | IM-MA-0017-0002 | IM-MA-0017-9000
Defendant's Lawyers Farquhar, Rayford A. (Massachusetts) show/hide docs
IM-MA-0017-0003 | IM-MA-0017-9000
Genova, Francesca (District of Columbia) show/hide docs
IM-MA-0017-0003 | IM-MA-0017-9000
Hunt, Joseph H. (District of Columbia) show/hide docs
IM-MA-0017-0003
Kurz, Julian (District of Columbia) show/hide docs
IM-MA-0017-0003 | IM-MA-0017-9000
Lelling, Andrew E. (Massachusetts) show/hide docs
IM-MA-0017-0003
Peachey, William Charles (District of Columbia) show/hide docs
IM-MA-0017-0003
Piemonte-Stacy, Eve (Massachusetts) show/hide docs
IM-MA-0017-9000
Reuveni, Erez (District of Columbia) show/hide docs
IM-MA-0017-0003 | IM-MA-0017-9000
Sady, Michael P. (Massachusetts) show/hide docs
IM-MA-0017-9000

- click to show/hide ALL -

new search
view search results
page permalink

- top of page -