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Case Name Irish International Immigrant Center, Inc. v. Cuccinelli IM-MA-0018
Docket / Court 1:19-cv-11880-IT ( D. Mass. )
State/Territory Massachusetts
Case Type(s) Immigration and/or the Border
Special Collection Trump Immigration Enforcement Order Challenges
Attorney Organization ACLU Affiliates (any)
Case Summary
This case addressed the termination of an immigration program granting deferred action to seriously ill individuals.

The Irish International Immigrant Center (a.k.a. the Rian Immigration Center) filed this lawsuit in the U.S. District Court for the District of Massachusetts on September 5 ... read more >
This case addressed the termination of an immigration program granting deferred action to seriously ill individuals.

The Irish International Immigrant Center (a.k.a. the Rian Immigration Center) filed this lawsuit in the U.S. District Court for the District of Massachusetts on September 5, 2019. The plaintiff sued U.S. Citizenship and Immigration Services (USCIS) and President Trump under the Administrative Procedure Act (APA) and the Declaratory Judgment Act. Plaintiff sought injunctive and declaratory relief claiming violations of the APA and the Fifth Amendment’s Equal Protection Clause. For decades, USCIS allowed people battling serious illnesses to request deferred action. In August 2019, the Trump Administration prohibited USCIS field offices from granting deferred action to the individuals who could ordinarily be protected by this program. The plaintiff alleged this prohibition was illegal. Plaintiff was represented by the ACLU of Massachusetts, Lawyers for Civil Rights, and private counsel. Judge Indira Talwani was assigned.

The parties jointly moved to stay the case on October 29, 2019. The parties sought a settlement or other nonjudicial resolution. The court granted the stay two days later. This followed the USCIS announcement that it would reinstate the deferred action program, but requests would only be granted “based on compelling facts and circumstances.”

Defendants filed a motion to dismiss on February 28, 2020. The defendants first argued that the court lacked subject-matter jurisdiction to review defendants' enforcement discretion. They also argued that the plaintiffs failed to state a claim under the Fifth Amendment. The motion was denied three days later. 2020 WL 6395575.

On June 15, 2021, plaintiff filed a notice of voluntary dismissal without prejudice regarding all claims in this case. As of July 13, 2021, no further reasoning was stated in the notice itself or on the ACLU of Massachusetts's website. This case is now closed.

Peter Harding - 10/30/2019
Eric Gripp - 07/13/2021


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Issues and Causes of Action
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Issues
Constitutional Clause
Equal Protection
Defendant-type
Jurisdiction-wide
Disability
disability, unspecified
Discrimination-basis
Disability (inc. reasonable accommodations)
National origin discrimination
General
Government Services (specify)
Immigration/Border
Constitutional rights
Deportation - criteria
Deportation - procedure
Status/Classification
Temporary protected status
Undocumented immigrants - rights and duties
Work authorization - procedures
Medical/Mental Health
HIV/AIDS
Medical care, general
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
Ex parte Young (federal or state officials)
Ex Parte Young (Federal) or Bivens
Defendant(s) U.S. Department of Homeland Security
Plaintiff Description The Irish International Immigrant Center, Inc., a nonprofit immigrant rights organization in Boston, Massachusetts.
Indexed Lawyer Organizations ACLU Affiliates (any)
Class action status sought No
Class action status outcome Not sought
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Filed 09/05/2019
Case Closing Year 2021
Case Ongoing No
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 ]

Court Docket(s)
D. Mass.
06/15/2021
1:19-cv-11880
IM-MA-0018-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
D. Mass.
09/05/2019
Complaint [ECF# 1]
IM-MA-0018-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Plaintiff's Lawyers Carroll, Robert D. (Massachusetts) show/hide docs
IM-MA-0018-0001 | IM-MA-0018-9000
Lafaille, Adriana (Massachusetts) show/hide docs
IM-MA-0018-0001 | IM-MA-0018-9000
Levy, Ira J. (New York) show/hide docs
IM-MA-0018-0001 | IM-MA-0018-9000
Marino, Anthony M. (Massachusetts) show/hide docs
IM-MA-0018-0001
Nimni, Oren N. (Massachusetts) show/hide docs
IM-MA-0018-0001
Segal, Matthew (Massachusetts) show/hide docs
IM-MA-0018-0001 | IM-MA-0018-9000
Walsh, Rachel (California) show/hide docs
IM-MA-0018-0001 | IM-MA-0018-9000
Defendant's Lawyers Farquhar, Rayford A. (Massachusetts) show/hide docs
IM-MA-0018-9000

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