University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Centro Presente, Inc. v. McAleenan IM-DC-0064
Docket / Court 1:19-cv-02840 ( D.D.C. )
State/Territory District of Columbia
Case Type(s) Immigration and/or the Border
Special Collection Civil Rights Challenges to Trump Immigration Enforcement Orders
Case Summary
On September 20, 2019, two nonprofit organizations, alongside nine individuals, six of whom were also representing their minor children, filed a lawsuit against the secretary of the Department of Homeland Security (DHS), the director of Immigration and Customs Enforcement (ICE), the director and ... read more >
On September 20, 2019, two nonprofit organizations, alongside nine individuals, six of whom were also representing their minor children, filed a lawsuit against the secretary of the Department of Homeland Security (DHS), the director of Immigration and Customs Enforcement (ICE), the director and commissioner of U.S. Customs and Border Protection, and the Attorney General of the United States to challenge the new federal expedited-removal immigration policy. The nine individual plaintiffs were all asylum-seekers who were being threatened with expedited removal. The plaintiffs claimed that the new policy violated due process and equal protection under the Fifth Amendment, the Administrative Procedure Act (APA), the Suspension Clause (Habeas Corpus), the Appointments Clause, and the Immigration and Nationality Act. The plaintiffs sought to enjoin defendants from continuing this policy and also requested attorney’s fees. The plaintiffs were represented by Lawyers for Civil Rights and Ropes & Gray LLP. The case was heard in the District Court for Washington D.C. and was presided over by Judge Ketanji Brown Jackson.

The new expedited removal rule allowed any foreign citizen who has lived anywhere in the United States for less than two years to be entered into expedited deportation proceedings. Previously, expedited deportation only applied to those who were still within 100 miles of a U.S. international land border and had only been in the United States for two weeks or less.

On October 9, 2019, the court ordered the plaintiffs to show cause for why the case at hand should not be stayed until Make the Road New York v. McAleenan had been resolved. Make the Road New York was a class-action suit filed in the same court by the ACLU that also challenged the legality of the new expedited-removal rule. The plaintiffs responded on October 22, 2019, however this document is not available to the Clearinghouse at this time. The case is ongoing as of October 29, 2019.

Christiana Johnson - 11/02/2019


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Defendant-type
Jurisdiction-wide
Law-enforcement
Discrimination-basis
National origin discrimination
General
Habeas Corpus
Immigration/Border
Deportation - criteria
Deportation - procedure
Undocumented immigrants - rights and duties
National Origin/Ethnicity
Hispanic
Plaintiff Type
Non-profit NON-religious organization
Private Plaintiff
Special Case Type
Habeas
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) Attorney General William Barr
U.S. Citizenship and Immigration Services
U.S. Customs and Border Protection
U.S. Department of Homeland Security (DHS)
U.S. Immigration and Customs Enforcement (ICE)
Plaintiff Description Two immigration rights related non-profits and nine asylum seekers, six of whom also represented their minor children.
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-02840-KBJ (D.D.C.)
IM-DC-0064-9000.pdf | Detail
Date: 10/29/2019
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
IM-DC-0064-0002.pdf | Detail
Date: 09/20/2019
Source: PACER [Public Access to Court Electronic Records]
Order to Show Cause [ECF# 4] (D.D.C.)
IM-DC-0064-0001.pdf | Detail
Date: 10/09/2019
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Jackson, Ketanji Brown (D.D.C.) show/hide docs
IM-DC-0064-0001 | IM-DC-0064-9000
Plaintiff's Lawyers Gardner, Deborah Kantar (Massachusetts) show/hide docs
IM-DC-0064-0002 | IM-DC-0064-9000
Mayer, Kristen Valerie (Massachusetts) show/hide docs
IM-DC-0064-0002 | IM-DC-0064-9000
Park, Chong Seok (District of Columbia) show/hide docs
IM-DC-0064-0002 | IM-DC-0064-9000
Thomases, Andrew N. (California) show/hide docs
IM-DC-0064-0002 | IM-DC-0064-9000

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