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Case Name Texas Civil Rights Project v. Wolf IM-DC-0083
Docket / Court 1:20-cv-02035 ( D.D.C. )
State/Territory District of Columbia
Case Type(s) Immigration and/or the Border
Attorney Organization ACLU Chapters (any)
ACLU Immigrants' Rights Project
Case Summary
This lawsuit was filed on July 24, 2020 in the U.S. District Court for the District of Columbia. The suit was brought by the Texas Civil Rights Project as next friend for one hundred unaccompanied migrant children who had been arrested by Customs and Border Protection. The plaintiffs were ... read more >
This lawsuit was filed on July 24, 2020 in the U.S. District Court for the District of Columbia. The suit was brought by the Texas Civil Rights Project as next friend for one hundred unaccompanied migrant children who had been arrested by Customs and Border Protection. The plaintiffs were represented by attorneys from the American Civil Liberties Union Immigration Rights Project, the ACLU Foundation of Texas, Oxfam America, the Center for Gender and Refugees Studies, and the ACLU of D.C.. They sued the Acting Secretary of the Department of Homeland Security Chad Wolf, Acting Commissioner of Customs and Border Protection Mark Morgan, Chief of U.S. Border Patrol Rodney Scott, Director of Immigration Customs and Enforcement Matthew Albence, Secretary of HHS Alex Azar, and CDC Director Robert Redfield. The complaint contended that the federal government had implemented a new process of removing immigrant children without providing for adequate protections, especially by holding those children away from their families or other sponsors and by not providing counsel. This process was instituted over a series of regulations, orders, and agency memos that the complaint calls the "Title 42 Process." The complaint argued that this Title 42 Process violated the Trafficking Victims Protection Reauthorization Act (TVPRA), the Administrative Procedure Act (APA), the Public Health Service Act (PHSA), the Foreign Affairs Reform and Restructuring Act (FARRA), and that agencies exceed the power granted to them under the Immigration and Naturalization Act. They requested declaratory relief and injunctive relief that would prohibit the defendants from enforcing the Title 42 Process, stay their removal, grant them counsel, and grant the children TVPRA protections.

The case was assigned to Judge Beryl A. Howell.

A few weeks later, on August 6, the plaintiffs voluntarily dismissed the case, even before defendants responded -- they did not give an explanation as to why they dismissed the case. In a minute order on August 10, Judge Howell dismissed the case without prejudice and closed the case.

Jack Hibbard - 08/21/2020


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Issues and Causes of Action
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Issues
Defendant-type
Jurisdiction-wide
Law-enforcement
General
Access to lawyers or judicial system
Access to public accommodations - governmental
Conditions of confinement
Confinement/isolation
Family reunification
Housing
Juveniles
Over/Unlawful Detention
Parents (visitation, involvement)
Placement in detention facilities
Quality of representation
Immigration/Border
Asylum - criteria
Asylum - procedure
Border police
Deportation - criteria
Deportation - judicial review
Deportation - procedure
Detention - conditions
Detention - criteria
Detention - procedures
Immigration lawyers
Medical/Mental Health
COVID-19 Mitigation Requested
Plaintiff Type
Non-profit NON-religious organization
Private Plaintiff
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Trafficking Victims Protection Act (TVPA), 18 U.S.C. § 1589
Defendant(s) Acting Commissioner of CBP Mark Morgan
Acting Secretary of the Department of Homeland Security Chad Wolf
Chief of U.S. Border Patrol Rodney Scott
Deputy Director of ICE Matthew Albence
Director of CDC Robert Redfield
Executive Assistant Commissioner of CBP Todd Owen
Secretary of HHS Alex Azar
Plaintiff Description Texas Civil Rights Project as Next Friend for one hundred unnamed children
Indexed Lawyer Organizations ACLU Chapters (any)
ACLU Immigrants' Rights Project
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
Source of Relief None
Form of Settlement Voluntary Dismissal
Filed 07/24/2020
Case Closing Year 2020
Case Ongoing No
Additional Resources
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Docket(s)
1:20-cv-02035 (D.D.C.)
IM-DC-0083-9000.pdf | Detail
Date: 08/10/2020
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief [ECF# 1]
IM-DC-0083-0001.pdf | Detail
Date: 07/24/2020
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Notice of Voluntary Dismissal without Prejudice [ECF# 10]
IM-DC-0083-0002.pdf | Detail
Date: 08/06/2020
Source: PACER [Public Access to Court Electronic Records]
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Judges Howell, Beryl Alaine (D.D.C.) show/hide docs
IM-DC-0083-9000
Plaintiff's Lawyers Bookey, Blaine (California) show/hide docs
IM-DC-0083-0001 | IM-DC-0083-0002
Crook, Jamie Lorraine (California) show/hide docs
IM-DC-0083-0001 | IM-DC-0083-0002
Drake, Brantley Shaw (Texas) show/hide docs
IM-DC-0083-0001 | IM-DC-0083-0002
Galindo, Daniel Antonio (New York) show/hide docs
IM-DC-0083-0001 | IM-DC-0083-0002
Garza, Rochelle M (Texas) show/hide docs
IM-DC-0083-0001 | IM-DC-0083-0002
Harrold, Adrienne (California) show/hide docs
IM-DC-0083-0001 | IM-DC-0083-0002
Huddleston, Kathryn (Texas) show/hide docs
IM-DC-0083-0001 | IM-DC-0083-0002
Kang, Stephen B. (California) show/hide docs
IM-DC-0083-0001 | IM-DC-0083-0002
Michelman, Scott (District of Columbia) show/hide docs
IM-DC-0083-0001 | IM-DC-0083-0002
Musalo, Karen (California) show/hide docs
IM-DC-0083-0001 | IM-DC-0083-0002
Perez, Celso Javier (New York) show/hide docs
IM-DC-0083-0001 | IM-DC-0083-0002 | IM-DC-0083-9000
Russell, Morgan (California) show/hide docs
IM-DC-0083-0001 | IM-DC-0083-0002
Segura, Andre (Texas) show/hide docs
IM-DC-0083-0001 | IM-DC-0083-0002
Silverman, Robert (Massachusetts) show/hide docs
IM-DC-0083-0001 | IM-DC-0083-0002
Spitzer, Arthur (District of Columbia) show/hide docs
IM-DC-0083-0001 | IM-DC-0083-0002 | IM-DC-0083-9000
Wofsy, Cody H. (California) show/hide docs
IM-DC-0083-0001 | IM-DC-0083-0002

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