Case: The Regents of the University of California v. U.S. Department of Homeland Security

4:20-cv-04621 | U.S. District Court for the Northern District of California

Filed Date: July 10, 2020

Closed Date: Oct. 6, 2020

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Case Summary

Background Generally speaking, F-1 visas (colloquially "student visas") can be granted to international students who attend American universities. However, regulations on the granting of these visas limit the amount of online or distance learning the student can engage in. According to these regulations, an international student can engage in only one such class or three credits of that class per semester. 8 C.F.R. § 214.2(f)(6)(i)(G). The COVID-19 outbreak in early 2020 made this regulation un…

Background

Generally speaking, F-1 visas (colloquially "student visas") can be granted to international students who attend American universities. However, regulations on the granting of these visas limit the amount of online or distance learning the student can engage in. According to these regulations, an international student can engage in only one such class or three credits of that class per semester. 8 C.F.R. § 214.2(f)(6)(i)(G).

The COVID-19 outbreak in early 2020 made this regulation untenable, as schools and universities had to shift to online learning systems. In response, defendant ICE issued an exemption on March 13, 2020, affirming that international students would be permitted to continue distance learning in the United States under their F-1 visas. The exemption would apply until the end of the emergency. However, on July 6, 2020, ICE issued a new directive stating that it would rescind that exemption. This directive would then mean that international students at schools that would still be fully online would have to either transfer to other schools that were at least partially in-person, go back to their countries voluntarily, or risk deportation. The directive also ordered schools that had gone fully online or had simply decided not to have classes to submit an "operational change plan" within nine days, and ordered schools that would have a hybrid system to certify each F-1 student to make sure that they were not taking entirely online courses.

The Lawsuit

In response to the new directive, The Regents of the University of California filed this lawsuit on July 10, 2020. They were represented by private and in-house counsel. The University sued the U.S. Department of Homeland Security and the U.S. Immigration and Customs Enforcement (ICE). Plaintiffs argued that the new directive violated the Administrative Procedure Act (APA) in two ways. First, the directive was arbitrary and capricious. According to the plaintiffs, the directive failed to consider important aspects of the problem. It also did not address the reliance interests of higher education institutions that put resources into devising public health and safety plans for the upcoming year and it lacked any reasonable basis for the shift in policy. Second, the plaintiffs claimed that defendants failed to comply with notice-and-comment rulemaking procedures when they issued the new directive which violated the APA. Plaintiffs sought declaratory relief, an order vacating and setting aside the new directive, an order preventing the defendants from enforcing the the directive, and attorney's fees and costs.

Simultaneously, the plaintiffs submitted an ex parte motion for a temporary restraining order to enjoin the defendants from enforcing the new policy. They also filed a motion to shorten the time for consideration of the temporary restraining order and argued that the court must take immediate action to avoid doing irreparable harm to the academic community. The case was assigned to Judge Jeffrey S. White after plaintiffs decline to proceed before a magistrate judge.

On July 13, the plaintiffs filed a motion for a preliminary injunction. The next day the case was related to State of California v. U.S. Department of Homeland Security and re-assigned to Judge Jon S. Tigar.

On July 14, the parties filed a joint stipulation that stated that because the government agreed to rescind the July directive by removing it from its website and replacing it with the March guidance, California's claims were therefore mooted, and the state agreed to withdraw its motion for a preliminary injunction.

Over the next two months, the plaintiffs continued to monitor the changes ICE made to its website in order to fully effectuate the rescission and submitted status reports to the court.

On October 6, 2020, the plaintiffs filed a notice of voluntary dismissal and the case is now closed.

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Summary Authors

Jack Hibbard (7/11/2020)

Chandler Hart-McGonigle (11/29/2020)

State of California v. U.S. Department of Homeland Security, Northern District of California (2020)

Z.W. v. U.S. Department of Homeland Security, Central District of California (2020)

Johns Hopkins University v. U.S. Department of Homeland Security, District of District of Columbia (2020)

State of Washington v. United States Department of Homeland Security, Western District of Washington (2020)

University of Oregon v. United States Department of Homeland Security, District of Oregon (2020)

Commonwealth of Massachusetts v. United States Department of Homeland Security, District of Massachusetts (2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17341825/parties/the-regents-of-the-university-of-california-v-us-department-of-homeland/

Judge(s)

Attorney for Plaintiff

Chun, Marisa A (California)

Chun, A. Marisa (California)

Jones, Molly A. (California)

Attorney for Defendant

Kurlan, Elizabeth D. (California)

Expert/Monitor/Master/Other

Byington, Carrie L. (California)

Judge(s)

Tigar, Jon Steven (California)

Attorney for Plaintiff

Chun, Marisa A (California)

Chun, A. Marisa (California)

Jones, Molly A. (California)

Kuwahara, Emily Tomoko (California)

Lorenzen, Thomas A. (District of Columbia)

Robinson, Charles Furlonge (California)

Romano, Jennifer Salzman (California)

Sanchez, Sonya U. (California)

Wolff, Daniel W (District of Columbia)

Woodall, Allison M. (California)

Wu, Margaret Louisa (California)

Attorney for Defendant

Kurlan, Elizabeth D. (California)

Winslow, Sara (California)

Expert/Monitor/Master/Other

Byington, Carrie L. (California)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
4:20-cv-04621	Docket [PACER]	Oct. 6, 2020	Oct. 6, 2020 Docket
4-1 to 4-4, 4-7 to 4-9, & 4-11 4:20-cv-04621	Plaintiff's Ex Parte Motion for Temporary Restraining Order; Memorandum of Points and Authorities in Support Thereof The Regents of the University of California v. United States Department of Homeland Security	July 10, 2020	July 10, 2020 Pleading / Motion / Brief
5 4:20-cv-04621	Plaintiff the Regents of the University of California's Ex Parte Motion for Order Shortening Time Re: Motion for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction; Declaration of Jennifer S. Romano in Support Thereof The Regents of the University of California v. United States Department of Homeland Security	July 10, 2020	July 10, 2020 Pleading / Motion / Brief
5 & 5-1 4:20-cv-04621	Plaintiff The Regents of the University of California's Ex Parte Motion for Order Shortening Time Re: Motion for Temporary Restraining Order and Order to show Cause Re: Preliminary Injunction; Declaration of Jennifer S. Romano in Support Thereof The Regents of the University of California v. United States Department of Homeland Security	July 10, 2020	July 10, 2020 Pleading / Motion / Brief
14 4:20-cv-04621	Plaintiff's Motion for Preliminary Injunction: Memorandum of Points and Authorities in Support Thereof The Regents of the University of California v. United States Department of Homeland Security	July 13, 2020	July 13, 2020 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/17341825/the-regents-of-the-university-of-california-v-us-department-of-homeland/

Last updated Aug. 7, 2025, 3:01 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against The Regents of the University of California ( Filing fee $ 400, receipt number 0971-14680182.). Filed byThe Regents of the University of California. (Attachments: # 1 Civil Cover Sheet)(Romano, Jennifer) (Filed on 7/10/2020) (Entered: 07/10/2020) 1 Civil Cover Sheet View on PACER	July 10, 2020	July 10, 2020 RECAP
2	Proposed Summons. (Romano, Jennifer) (Filed on 7/10/2020) (Entered: 07/10/2020)	July 10, 2020	July 10, 2020 PACER
3	Corporate Disclosure Statement by The Regents of the University of California (Federal Rule of Civil Procedure 7.1 Disclosure Statement and Local Rule 3-15 Certification of Interested Entities or Persons) (Romano, Jennifer) (Filed on 7/10/2020) (Entered: 07/10/2020)	July 10, 2020	July 10, 2020 PACER
4	Ex Parte Application (Plaintiff's Ex Parte Motion for Temporary Restraining Order) filed by The Regents of the University of California. (Attachments: # 1 Declaration of Alcocer, # 2 Declaration of Beck, # 3 Declaration of Byington, # 4 Declaration of Christ, # 5 Exhibit A to Christ Declaration, # 6 Exhibit B to Christ Declaration, # 7 Declaration of Deas, # 8 Declaration of Schooley, # 9 Declaration of Wakimoto, # 10 Exhibit A to Plaintiff's Ex Parte Application for TRO, # 11 Proposed Order Granting Plaintiff TRO and Order to Show Cause)(Romano, Jennifer) (Filed on 7/10/2020) (Entered: 07/10/2020) 1 Declaration of Alcocer View on PACER 2 Declaration of Beck View on PACER 3 Declaration of Byington View on PACER 4 Declaration of Christ View on PACER 5 Exhibit A to Christ Declaration View on PACER 6 Exhibit B to Christ Declaration View on PACER 7 Declaration of Deas View on PACER 8 Declaration of Schooley View on PACER 9 Declaration of Wakimoto View on PACER 10 Exhibit A to Plaintiff's Ex Parte Application for TRO View on PACER 11 Proposed Order Granting Plaintiff TRO and Order to Show Cause View on PACER	July 10, 2020	July 10, 2020 RECAP
5	MOTION to Shorten Time (Plaintiff The Regents of The University of Californias Ex Parte Motion for Order Shortening Time Re: Motion For Temporary Restraining Order and Order To Show Cause Re: Preliminary Injunction) filed by The Regents of the University of California. (Attachments: # 1 Proposed Order Granting Plaintiff Motion for Order Shortening Time)(Romano, Jennifer) (Filed on 7/10/2020) (Entered: 07/10/2020) 1 Proposed Order Granting Plaintiff Motion for Order Shortening Time View on PACER	July 10, 2020	July 10, 2020 RECAP
6	Case assigned to Magistrate Judge Joseph C. Spero. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 7/27/2020. (anjS, COURT STAFF) (Filed on 7/13/2020) (Entered: 07/13/2020)	July 13, 2020	July 13, 2020 PACER
7	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by The Regents of the University of California.. (Romano, Jennifer) (Filed on 7/13/2020) (Entered: 07/13/2020)	July 13, 2020	July 13, 2020 RECAP
8	Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/2/2020. Initial Case Management Conference set for 10/9/2020 02:00 PM. (mclS, COURT STAFF) (Filed on 7/13/2020) (Entered: 07/13/2020)	July 13, 2020	July 13, 2020 PACER
9	Summons Issued as to Matthew Albence, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Chad F. Wolf.(mclS, COURT STAFF) (Filed on 7/13/2020) (Entered: 07/13/2020)	July 13, 2020	July 13, 2020 PACER
10	CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (klhS, COURT STAFF) (Filed on 7/13/2020) (Entered: 07/13/2020)	July 13, 2020	July 13, 2020 PACER
11	ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jeffrey S. White for all further proceedings. Magistrate Judge Joseph C. Spero no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 7/13/20. (Attachments: # 1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 7/13/2020) (Entered: 07/13/2020) 1 Notice of Eligibility for Video Recording View on PACER	July 13, 2020	July 13, 2020 RECAP
12	ORDER GRANTING 5 Motion to Shorten Time and Setting Briefing Schedule and Hearing on Motion For Temporary Restraining Order and Order To Show Cause Re: Preliminary Injunction. Plaintiff to serve Defendants with Order. Responses due 12:00 by 7/17/2020. Replies due by 2:00 p.m. 7/20/2020. Motion Hearing set for 7/24/2020 09:00 AM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. Signed by Judge Jeffrey S. White on July 13, 2020. (jswlc3S, COURT STAFF) (Filed on 7/13/2020) (Entered: 07/13/2020)	July 13, 2020	July 13, 2020 PACER
13	Notice of Pendency of Other Action or Proceeding by The Regents of the University of California. (Romano, Jennifer) (Filed on 7/13/2020) Modified on 7/14/2020 (cjlS, COURT STAFF). (Entered: 07/13/2020)	July 13, 2020	July 13, 2020 RECAP
14	MOTION for Preliminary Injunction filed by The Regents of the University of California. Motion Hearing set for 7/22/2020 02:00 PM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. Responses due by 7/16/2020. Replies due by 7/20/2020. (Attachments: # 1 Declaration of Doe No. 1, # 2 Declaration of Doe No. 2, # 3 Declaration of Doe No. 3, # 4 Declaration of Doe No. 4, # 5 Declaration of Iyengar, # 6 Plaintiff RJN iso Motion for Preliminary Injunction, # 7 Exhibit A - RJN, # 8 Exhibit B - RJN, # 9 Exhibit C - RJN, # 10 Exhibit D - RJN, # 11 Exhibit E - RJN, # 12 Exhibit F - RJN, # 13 Exhibit G - RJN, # 14 Proposed Order Granting Plaintiff's Motion for Preliminary Injunction)(Romano, Jennifer) (Filed on 7/13/2020) (Entered: 07/13/2020) 1 Declaration of Doe No. 1 View on PACER 2 Declaration of Doe No. 2 View on PACER 3 Declaration of Doe No. 3 View on PACER 4 Declaration of Doe No. 4 View on PACER 5 Declaration of Iyengar View on PACER 6 Plaintiff RJN iso Motion for Preliminary Injunction View on PACER 7 Exhibit A - RJN View on PACER 8 Exhibit B - RJN View on PACER 9 Exhibit C - RJN View on PACER 10 Exhibit D - RJN View on PACER 11 Exhibit E - RJN View on PACER 12 Exhibit F - RJN View on PACER 13 Exhibit G - RJN View on PACER 14 Proposed Order Granting Plaintiff's Motion for Preliminary Injunction View on PACER	July 13, 2020	July 13, 2020 RECAP
15	MOTION to Shorten Time Plaintiff The Regents of The University of California's Administrative Motion for Order Shortening Time Re: Motion For Preliminary Injunction filed by The Regents of the University of California. (Attachments: # 1 Proposed Order Granting Plaintiff Motion to Shorten Time)(Romano, Jennifer) (Filed on 7/13/2020) (Entered: 07/13/2020)	July 13, 2020	July 13, 2020 PACER
16	ADMINISTRATIVE MOTION for Doe Nos. 1-4 to Proceed Under Pseudonym filed by The Regents of the University of California. Responses due by 7/17/2020. (Attachments: # 1 Proposed Order Granting Plaintiff Motion for Doe Nos. 1-4 to Proceed Under Pseudonym)(Romano, Jennifer) (Filed on 7/13/2020) (Entered: 07/13/2020)	July 13, 2020	July 13, 2020 PACER
	~Util - Case Assigned by Intake	July 13, 2020	July 13, 2020 PACER
17	CERTIFICATE OF SERVICE by The Regents of the University of California re 14 MOTION for Preliminary Injunction (Romano, Jennifer) (Filed on 7/14/2020) (Entered: 07/14/2020)	July 14, 2020	July 14, 2020 RECAP
18	ORDER RELATING CASE 20-cv-04621-JSW to 20-cv-04592-JST. Signed by Judge Jon S. Tigar on July 14, 2020. (mllS, COURT STAFF) (Filed on 7/14/2020) (Entered: 07/14/2020)	July 14, 2020	July 14, 2020 PACER
19	ORDER SETTING BRIEFING AND HEARING SCHEDULE ON PLAINTIFFS MOTIONS FOR PRELIMINARY INJUNCTION. Responses due by 7/16/2020. Replies due by 7/20/2020. Motion Hearing set for 7/24/2020 10:00 AM before Judge Jon S. Tigar. Signed by Judge Jon S. Tigar on July 14, 2020. (mllS, COURT STAFF) (Filed on 7/14/2020) (Entered: 07/14/2020)	July 14, 2020	July 14, 2020 RECAP
20	Plaintiff's Notice of Service of Orders by The Regents of the University of California. (Attachments: # 1 Exhibit A)(Chun, A.) (Filed on 7/14/2020) Modified on 7/15/2020 (cjlS, COURT STAFF). (Entered: 07/14/2020)	July 14, 2020	July 14, 2020 PACER
21	STIPULATION WITH PROPOSED ORDER filed by Matthew Albence, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Chad F. Wolf, The Regents of the University of California. (Winslow, Sara) (Filed on 7/14/2020) Modified on 7/15/2020 (cjlS, COURT STAFF). (Entered: 07/14/2020)	July 14, 2020	July 14, 2020 PACER
22	ORDER by Judge Jon S. Tigar granting (16) Stipulation in case 4:20-cv-04592-JST; granting (21) Stipulation in case 4:20-cv-04621-JSW. (mllS, COURT STAFF) (Filed on 7/15/2020) (Entered: 07/15/2020)	July 15, 2020	July 15, 2020 PACER
	Set Deadlines/Hearings: Status Report due by 7/21/2020. (mllS, COURT STAFF) (Filed on 7/15/2020)	July 15, 2020	July 15, 2020 PACER
23	ORDER REASSIGNING CASE. Case reassigned to Judge Jon S. Tigar for all further proceedings. Judge Jeffrey S. White no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by the Clerk on 7/15/2020. (Attachments: # 1 Notice of Eligibility for Video Recording)(ajsS, COURT STAFF) (Filed on 7/15/2020) (Entered: 07/15/2020)	July 15, 2020	July 15, 2020 PACER
	Set Deadlines/Hearings	July 15, 2020	July 15, 2020 PACER
24	ORDER REQUIRING JOINT STATUS REPORT BY AUGUST 4, 2020 re (18 in 4:20-cv-04592-JST) Status Report filed by U.S. Department of Homeland Security, State of California, U.S. Immigration and Customs Enforcement, Chad F. Wolf, Matthew Albence. Status Report due by 8/4/2020. Signed by Judge Jon S. Tigar on July 23, 2020. (mllS, COURT STAFF) (Filed on 7/23/2020) (Entered: 07/23/2020)	July 23, 2020	July 23, 2020 RECAP
25	JOINT STATUS REPORT by The Regents of the University of California, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Chad F. Wolf and Matthew Albence. (Attachments: # 1 Proposed Order)(Romano, Jennifer) (Filed on 8/4/2020) Modified on 8/5/2020 (jmlS, COURT STAFF). (Entered: 08/04/2020) 1 Proposed Order View on PACER	Aug. 4, 2020	Aug. 4, 2020 RECAP
	Electronic filing error. REMINDER TO COUNSEL: In the future, please be sure that the case number is correctly reflected on your documents as 4:20-cv-04621-JST. Re:[2 5] Status Report filed by The Regents of the University of California (jmlS, COURT STAFF) (Filed on 8/4/2020)	Aug. 4, 2020	Aug. 4, 2020 PACER
	Electronic Filing Error	Aug. 5, 2020	Aug. 5, 2020 PACER
26	ORDER REQUIRING JOINT STATUS REPORT BY SEPTEMBER 4, 2020 AND EXTENDING DEFENDANTS' RESPONSE DEADLINE. Responses due by 10/13/2020. Status Report due by 9/4/2020. Signed by Judge Jon S. Tigar on August 6, 2020. (mllS, COURT STAFF) (Filed on 8/6/2020) (Entered: 08/06/2020)	Aug. 6, 2020	Aug. 6, 2020 PACER
27	JOINT STATUS REPORT by The Regents of the University of California, U.S. Department of Homeland Security, State of California, U.S. Immigration and Customs Enforcement, Chad F. Wolf and Matthew Albence. (Attachments: # 1 Proposed Order)(Romano, Jennifer) (Filed on 9/4/2020) Modified on 9/8/2020 (jmlS, COURT STAFF). (Entered: 09/04/2020)	Sept. 4, 2020	Sept. 4, 2020 PACER
28	ORDER REGARDING SEPTEMBER 4 STATUS REPORT. Case Management Statement due by 10/6/2020.. Signed by Judge Jon S. Tigar on September 9, 2020. (mllS, COURT STAFF) (Filed on 9/9/2020) (Entered: 09/09/2020)	Sept. 9, 2020	Sept. 9, 2020 PACER
	Set Deadlines/Hearings: Further Case Management Conference set for 10/13/2020 02:00 PM in Oakland, Courtroom 6, 2nd Floor. (mllS, COURT STAFF) (Filed on 9/9/2020)	Sept. 9, 2020	Sept. 9, 2020 PACER
	Set Deadlines/Hearings	Sept. 9, 2020	Sept. 9, 2020 PACER
29	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Romano, Jennifer) (Filed on 9/22/2020) (Entered: 09/22/2020)	Sept. 22, 2020	Sept. 22, 2020 PACER
30	NOTICE of Appearance by Elizabeth Kurlan for Defendants (Kurlan, Elizabeth) (Filed on 9/23/2020) (Entered: 09/23/2020)	Sept. 23, 2020	Sept. 23, 2020 PACER
31	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Kurlan, Elizabeth) (Filed on 9/23/2020) (Entered: 09/23/2020)	Sept. 23, 2020	Sept. 23, 2020 PACER
32	NOTICE of Voluntary Dismissal Without Prejudice by The Regents of the University of California (Romano, Jennifer) (Filed on 10/6/2020) (Entered: 10/06/2020)	Oct. 6, 2020	Oct. 6, 2020 PACER