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Case Name Make the Road New York v. Pompeo IM-NY-0070
Docket / Court 1:19-cv-11633 ( S.D.N.Y. )
State/Territory New York
Case Type(s) Immigration and/or the Border
Special Collection Civil Rights Challenges to Trump Immigration Enforcement Orders
Civil Rights Challenges to Trump Refugee/Visa Order
Attorney Organization Center for Constitutional Rights (CCR)
Legal Services/Legal Aid
National Immigration Law Center
Case Summary
This is a challenge to the Trump Administration's changes to the immigration "Public Charge" Rules. On December 19, 2019, individuals facing deportation, their United States citizen relatives, and nonprofit organizations that assist noncitizens filed this lawsuit in the U.S. District Court for the ... read more >
This is a challenge to the Trump Administration's changes to the immigration "Public Charge" Rules. On December 19, 2019, individuals facing deportation, their United States citizen relatives, and nonprofit organizations that assist noncitizens filed this lawsuit in the U.S. District Court for the Southern District of New York. Plaintiffs sued the State Department; the Department of Health and Human Services; and President Trump, claiming violations of the Fifth Amendment's Equal Protection and Due Process clauses. They alleged that Trump Administration changes to the asylum system, various deferred-action programs, and to the family-based immigration system had the purpose and effect of excluding lawful status immigrants "from predominately nonwhite countries." They also alleged that the new rules would essentially create a wealth test for entry into the United States. Plaintiffs alleged that these discriminatory impacts were deliberate and purposeful, and would cause substantial harm in destroying their families, penalizing the use of benefits, and diverting resources from them. Plaintiffs sought declaratory and injunctive relief.

On January 21, 2020, plaintiffs moved for preliminary injunction, asserting that they were likely to prevail on their claim and if the policies were allowed to continue plaintiffs would suffer irreparable harm in the form of indefinite family separation, health risks, and loss of resources for the entities that support noncitizens.

On February 13, 2020, defendants moved to dismiss, asserting that the plaintiffs had failed to allege the kind of imminent injury sufficient for resolution by arbitration.

On February 19, 2020, plaintiffs sought a temporary restraining order, which would restrain the defendants from enacting their policies until there was a hearing on the preliminary injunction motion. The temporary restraining order was intended to protect the plaintiffs from the harms outlined in the complaint until the preliminary injunction motion could be adjudicated. The court rejected the emergency motion on February 21, 2020, but shortened the wait before the preliminary injunction arguments, setting them for February 28, 2020. After that argument, additional briefing took place and an additional argument was set for May 5, 2020.

Cedar Hobbs - 03/04/2020


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Medicare
Constitutional Clause
Due Process
Equal Protection
Defendant-type
Jurisdiction-wide
Discrimination-basis
Immigration status
National origin discrimination
Race discrimination
General
Disparate Treatment
Government Services (specify)
Immigration/Border
Admission - criteria
Deportation - criteria
Status/Classification
U.S. citizenship - acquiring
Undocumented immigrants - rights and duties
Visas - criteria
National Origin/Ethnicity
Arab/Afgani/Middle Eastern
Hispanic
Other
Plaintiff Type
Private Plaintiff
Race
Race, unspecified
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) Department of Health and Human Services
Department of State
United States
Plaintiff Description Individuals facing deportation, their United States citizen relatives, and nonprofit organizations that assist noncitizens.
Indexed Lawyer Organizations Center for Constitutional Rights (CCR)
Legal Services/Legal Aid
National Immigration Law Center
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Source of Relief None yet
Filed 12/19/2019
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 ]

  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 ]

  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 ]

  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 ]

  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 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: 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 ]

  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-11633 (S.D.N.Y.)
IM-NY-0070-9000.pdf | Detail
Date: 04/30/2020
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
IM-NY-0070-0001.pdf | Detail
Date: 12/19/2019
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Daniels, George B. (S.D.N.Y.) show/hide docs
IM-NY-0070-9000
Plaintiff's Lawyers Azmy, Baher (New York) show/hide docs
IM-NY-0070-0001
Broder, Tanya (California) show/hide docs
IM-NY-0070-9000
Cameron, Susan Joan (New York) show/hide docs
IM-NY-0070-0001 | IM-NY-0070-9000
Ehrlich, Andrew J. (New York) show/hide docs
IM-NY-0070-0001 | IM-NY-0070-9000
Espiritu, Nicholas David (California) show/hide docs
IM-NY-0070-9000
Filburn, Christopher Lee (New York) show/hide docs
IM-NY-0070-0001 | IM-NY-0070-9000
Goldiner, Judith (New York) show/hide docs
IM-NY-0070-0001
Holder, Adriene L. (New York) show/hide docs
IM-NY-0070-0001
Hurwitz, Jonathan H (New York) show/hide docs
IM-NY-0070-0001 | IM-NY-0070-9000
Ingram, Joanna Elise Cuevas (New York) show/hide docs
IM-NY-0070-0001 | IM-NY-0070-9000
Sabel, Janet E. (New York) show/hide docs
IM-NY-0070-0001
Schwarz, Ghita (New York) show/hide docs
IM-NY-0070-0001 | IM-NY-0070-9000
Shafiqullah, Hasan (New York) show/hide docs
IM-NY-0070-0001
Thomas, Brittany (New York) show/hide docs
IM-NY-0070-0001 | IM-NY-0070-9000
Welber, Susan (New York) show/hide docs
IM-NY-0070-0001 | IM-NY-0070-9000
Wolson, Max (District of Columbia) show/hide docs
IM-NY-0070-0001 | IM-NY-0070-9000
Defendant's Lawyers Luh, James C. (District of Columbia) show/hide docs
IM-NY-0070-9000
Other Lawyers Vale, Judith Naomi (New York) show/hide docs
IM-NY-0070-9000

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