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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 Civil Rights Challenges to Trump Immigration Enforcement Orders
Attorney Organization ACLU Chapters (any)
Case Summary
On September 5, 2019, the Irish International Immigrant Center filed this lawsuit in the U.S. District Court for the District of Massachusetts. The plaintiff sued U.S. Citizenship & Immigration Services (USCIS) and the President of the United States under the Administrative Procedure Act (APA) and ... read more >
On September 5, 2019, the Irish International Immigrant Center filed this lawsuit in the U.S. District Court for the District of Massachusetts. The plaintiff sued U.S. Citizenship & Immigration Services (USCIS) and the President of the United States under the Administrative Procedure Act (APA) and the Declaratory Judgment Act. The plaintiff, represented by the ACLU and private counsel, sought injunctive and declaratory relief, claiming violations of the APA and the equal protection guarantee of the Fifth Amendment. The plaintiff alleged that USCIS had illegally terminated an immigration relief program that granted “deferred action” to seriously ill individuals and their families.

For decades, USCIS has operated a humanitarian program that allowed immigrants battling serious illnesses to request immigration relief in the form of deferred action. The program helped to prevent deportation of seriously ill individuals and their families by allowing them to apply for work authorization and for protection against removal proceedings by ICE. In August 2019, the Trump Administration suddenly prohibited USCIS field offices from granting deferred action to the individuals who could ordinarily be protected by this program.

On October 29, 2019, the parties jointly moved to stay the case in order to allow them to pursue a settlement or other nonjudicial resolution to the dispute. On October 31, 2019, the judge stayed the case until January 28, 2020. The case is ongoing.

Peter Harding - 10/30/2019


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Issues and Causes of Action
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Issues
Constitutional Clause
Equal Protection
Defendant-type
Law-enforcement
Disability
disability, unspecified
Discrimination-basis
Disability (inc. reasonable accommodations)
National origin discrimination
Race discrimination
General
Government Services (specify)
International law
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
Defendant(s) U.S. Department of Homeland Security
Plaintiff Description The Irish International Immigrant Center, Inc. is a nonprofit organization based in Boston, Massachusetts that serves clients in Massachusetts who seek deferred action based on a serious medical need.
Indexed Lawyer Organizations ACLU Chapters (any)
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 2019
Case Ongoing Yes
Additional Resources
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  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-11880 (D. Mass.)
IM-MA-0018-9000.pdf | Detail
Date: 09/23/2019
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
IM-MA-0018-0001.pdf | Detail
Date: 09/05/2019
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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