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Case Name HIAS, Inc. v. Trump IM-MD-0013
Docket / Court 8:19-cv-03346-PJM ( D. Md. )
State/Territory Maryland
Case Type(s) Immigration and/or the Border
Special Collection Civil Rights Challenges to Trump Refugee/Visa Order
Attorney Organization International Refugee Assistance Project (IRAP)
Case Summary
On November 21, 2019, three refugee resettlement agencies filed this lawsuit in the U.S. District Court for the District of Maryland, challenging the Trump Administration's recent Executive Order, "Enhancing State and Local Involvement in Refugee Resettlement." HIAS, Inc., Church World Service, Inc ... read more >
On November 21, 2019, three refugee resettlement agencies filed this lawsuit in the U.S. District Court for the District of Maryland, challenging the Trump Administration's recent Executive Order, "Enhancing State and Local Involvement in Refugee Resettlement." HIAS, Inc., Church World Service, Inc., and Lutheran Immigration & Refugee Service, Inc., represented by the International Refugee Assistance Project (IRAP), sued President Trump, the Department of State, the Department of Homeland Security, and the Department of Health and Human Services. The plaintiffs alleged that the President’s September 26, 2019, Executive Order violates the Refugee Act of 1980, the Administrative Procedure Act (APA), and principles of federalism. The plaintiffs sought declaratory relief, as well as a preliminary and permanent injunction to enjoin enforcement of the Order. The case was assigned to Judge Peter J. Messitte.

The plaintiffs alleged that Executive Order 13888 makes an unprecedented change to the refugee resettlement process by mandating that refugees not be resettled in the United States unless the state and locality where they are to be resettled take the affirmative step of providing written consent. As national refugee resettlement agencies, the plaintiffs were then charged by the federal government with the responsibility of soliciting and obtaining written consent from all states and localities where refugees they assist could be resettled. The plaintiffs claimed that such a change would provide individual states and local governments with effective veto power over refugee resettlement.

The plaintiffs filed their motion for a preliminary injunction on November 22, 2019. Judge Messitte granted the plaintiffs’ motion on January 15. 2020 WL 218646. Judge Messitte concluded that the plaintiffs were likely to succeed on the merits of their claims, that they faced irreparable harm, and that the Executive Order was not in the public interest. Consequently, he issued a nationwide injunction enjoining the Executive Order.

The government appealed the injunction to the Fourth Circuit Court of Appeals on February 12, 2020 (docket no. 20-1160), and Judge Messitte stayed the proceedings in the district court pending resolution of that appeal on February 14.

The case is ongoing.

Sam Kulhanek - 03/27/2020


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Issues and Causes of Action
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Issues
Constitutional Clause
Federalism (including 10th Amendment)
Content of Injunction
Preliminary relief granted
Defendant-type
Jurisdiction-wide
Immigration/Border
Refugees
Plaintiff Type
Non-profit religious organization
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Defendant(s) U.S. Department of Health and Human Services
U.S. Department of Homeland Security
U.S. Department of State
Plaintiff Description HIAS, Inc., Church World Service, Inc., and Lutheran Immigration & Refugee Service, Inc.
Indexed Lawyer Organizations International Refugee Assistance Project (IRAP)
Class action status sought No
Class action status granted No
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 2020 - n/a
Filed 11/21/2019
Case Ongoing Yes
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  Presidential Executive Order on Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities
White House
Date: Oct. 24, 2017
By: United States
[ Detail ] [ External Link ]

  Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats
www.whitehouse.gov
Date: Sep. 24, 2017
By: President Donald Trump (Office of the President)
[ Detail ] [ External Link ]

  Implementing Executive Order 13780 Following Supreme Court Ruling -- Guidance to Visa-Adjudicating Posts
Reuters
Date: Jun. 28, 2017
By: U.S. Department of State
[ Detail ] [ PDF ] [ External Link ]

  Presidential Memorandum for the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence
The White House
Date: Jun. 14, 2017
By: Donald Trump (White House)
[ Detail ] [ External Link ]

  Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States
Date: Mar. 6, 2017
By: President Donald Trump (President of the United States)
[ Detail ] [ External Link ]

  Memorandum to the Acting Secretary of State, the Acting Attorney General, and the Secretary of Homeland Security
The White House
Date: Feb. 1, 2017
By: Donald F. McGahn II, Counsel to the President (The White House)
[ Detail ] [ PDF ] [ External Link ]

  Statement by Acting Attorney General Sally Yates
https://www.nytimes.com/
Date: 1/30/2017
By: Acting Attorney General Sally Yates (Department of Justice)
[ Detail ] [ PDF ] [ External Link ]

  Statement By Secretary John Kelly on the Entry of Lawful Permanent Residents into the United States
https://www.dhs.gov/
Date: 1/29/2017
By: DHS Secretary John Kelly (Department of Homeland Security)
Citation: https://www.dhs.gov/news/2017/01/29/statement-secretary-john-kelly-entry-lawful-permanent-residents-united-states
[ Detail ] [ PDF ] [ External Link ]

  OLC Memo Re: Proposed Executive Order Entitled "Protecting the Nation from Foreign Terrorist Entry into the United States"
Date: Jan. 27, 2017
By: Curtis Gannon (U.S. Department of Justice, Office of Legal Counsel)
[ Detail ] [ PDF ] [ External Link ]

  Executive Order: Protecting the Nation from Foreign Terrorist Entry into the United States
Federal Register
Date: Jan. 27, 2017
By: President Donald Trump (Office of the President)
[ Detail ] [ PDF ] [ External Link ]

Docket(s)
8:19-cv-3346 (D. Md.)
IM-MD-0013-9000.pdf | Detail
Date: 01/22/2020
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief [ECF# 1]
IM-MD-0013-0002.pdf | Detail
Date: 11/21/2019
Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion (2020 WL 218646) (D. Md.)
IM-MD-0013-0003.pdf | WESTLAW | Detail
Date: 01/15/2020
Source: Westlaw
Order [ECF# 69] (D. Md.)
IM-MD-0013-0001.pdf | Detail
Date: 01/15/2020
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Messitte, Peter Jo (D. Md.) show/hide docs
IM-MD-0013-0001 | IM-MD-0013-0003 | IM-MD-0013-9000
Plaintiff's Lawyers Austin, Kathryn (New York) show/hide docs
IM-MD-0013-0002 | IM-MD-0013-9000
Cox, Justin Bryan (Georgia) show/hide docs
IM-MD-0013-0002 | IM-MD-0013-9000
Evarts, Linda (New York) show/hide docs
IM-MD-0013-0002 | IM-MD-0013-9000
Hirose, Mariko (New York) show/hide docs
IM-MD-0013-0002 | IM-MD-0013-9000
Keaney, Melissa S (California) show/hide docs
IM-MD-0013-0002 | IM-MD-0013-9000
Defendant's Lawyers Humphreys, Bradley Philip (District of Columbia) show/hide docs
IM-MD-0013-9000
Other Lawyers Dunlap, Jeffery Paul (Maryland) show/hide docs
IM-MD-0013-9000
Goldstein, Danielle L (California) show/hide docs
IM-MD-0013-9000
Palma-Solana, Vilma R (California) show/hide docs
IM-MD-0013-9000
Sangree, Suzanne (Maryland) show/hide docs
IM-MD-0013-9000
Schulman, Steven H. (District of Columbia) show/hide docs
IM-MD-0013-9000
Singh, Jasleen K (California) show/hide docs
IM-MD-0013-9000
Tucci, Michael Edward (District of Columbia) show/hide docs
IM-MD-0013-9000
VanDam, Jeff (Illinois) show/hide docs
IM-MD-0013-9000
Weisel, Jessica M. (California) show/hide docs
IM-MD-0013-9000

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