Public Charge (disability claims)

Two parts to this: the public charge rulemaking and the challenges to the final regulations; and the health coverage proclamation.

 

Public Charge

 

Public Charge Rulemaking

Proposed regulations, 83 Fed.Reg. 51114 (Oct. 10, 2018)

2018-21106

Final regulations, 84 Fed.Reg. 41292 (Aug. 14, 2019)

2019-17142

 

The New York Public Charge Case At the Supreme Court

US stay application, January 13, 2020 (No. 19A785)

20200117170243633_20200117-170053-95749791-00000337

Jan 14 2020 Response to application (19A785) requested by Justice Ginsburg, due Wednesday, January 22, by 3 p.m. ET.

Government Plaintiffs’ opposition, January 22, 2020

20200122134724605_No.19A785 StayOpposition

Private Plaintiffs’ opposition, January 22, 2020

20200122143103275_Opposition to Stay

American Academy of Pediatrics amicus opposition, January 22, 2020

20200122115434475_Motion for Leave to File Brief of Amici Curiae and Brief re The American Academy of Pediatrics et al

US House amicus opposition, January 22, 2020

20200122122450793_200107a Amicus Brief for e-filing

Immigration Law Reform Institute amicus support for stay, January 22, 2020

20200122162655778_IRLI Pub Charge Stay Amicus

US reply supporting stay, January 23, 2020

20200123160342975_19A785 Reply

Stay order, January 27, 2020

19a785_j4ek

 

The Northern Illinois Public Charge Case At the Supreme Court

Motion for stay, February 13, 2020 (No. 19A905)

20200213111405279_19A__ Wolf v Cook County stay application TO FILE

Opposition to motion for stay, February 19, 2020

20200219144103313_Stay Opposition and Addendum

Reply supporting stay, February 20, 2020

20200220154942568_19A905 Wolf stay REPLY

Stay order, February 21, 2020

19a905_7m48

 

 

Northern California

City and County of San Francisco v. U.S. C.I.S., No. 4:19-cv-4717 (N.D. Cal.)

Complaint, August 13, 2019

file0.431424265300063

California v. U.S. Dep’t of Homeland Security, No. 4:19-cv-4975 (N.D. Cal.)

Complaint, August 16, 2019

Public Charge Complaint Northern California

La Clinica de la Raza v. Trump, No. 4:19-cv-4980 (N.D. Cal.)

Complaint, August 16, 2019

file0.315447184761194

 

State’s motion for preliminary injunction, August 26, 2019

file0.851781445826543

file0.316411559973982

Justice in Aging proposed amicus, September 9, 2019

file0.639779837141884

ACLU/CPR/NDRN proposed amicus, September 11, 2019

file0.109004543899697

Order granting amicus motions, September 11, 2019

file0.825802363027957

US preliminary injunction opposition, September 13, 2019

file0.232225714988214

American Academy of Pediatrics/AMA amicus, September 13, 2019

file0.0334916743833098

Order denying amicus motions, September 16, 2019

file0.257060468002361

Counties’ reply supporting preliminary injunction, September 20, 2019

show_temp.pl 19

State’s reply supporting preliminary injunction, September 20, 2019

show_temp.pl 20

Nongovernmental plaintiffs’ reply supporting preliminary injunction, September 20, 2019

show_temp.pl 22

Notice of corrected rule, October 1, 2019

file0.970175555247021

Minute entry re oral argument, October 2, 2019

file0.0667455126914653

Plaintiffs’ notice re record evidence of harms, October 4, 2019

file0.0971064505084875

Plaintiffs’ proposal for injunction, October 7, 2019

merged_21067_-1-1570541751

US language for injunction, October 7, 2019

file0.269009723832038

Preliminary injunction, October 11, 2019

file0.0501775560352478

Motion for stay pending appeal, with declaration and proposed order, October 25, 2019

file0.960214660774124

file0.751420346592692

file0.716239932962832

Notice of appeal, October 30

file0.990329188333032

Ninth Circuit # 19-17213

Ninth Circuit scheduling order, November 1, 2019

file0.236004744461876

Plaintiffs’ opposition to motion for stay pending appeal, November 8, 2019

file0.874104760858369

US waiver of right to reply, request for ruling by November 14, November 8, 2019

file0.116599195209471

Joint motion to revise briefing schedule, November 15, 2019

9C joint mo xt briefing

Emergency motion for injunction pending appeal, November 15, 2019

9C emergency mo ipa

Scheduling order, November 20, 2019

9C scheduling order

Response to emergency motion, November 22, 2019

Document 2

Deans amicus, November 22, 2019

19-17213_Documents

NHLP, etc., amicus, November 22, 2019

Document 3

Reply supporting stay pending appeal, November 26, 2019

9C reply supporting stay

US opening brief, December 4, 2019

9C US opening brief

Ninth Circuit stay order, December 5, 2019

9C stay order 12 5 19

District court order terminating motion for stay as moot, December 6, 2019

file0.35791000308576

Immigration Law Reform Institute amicus, December 13, 2019

9C Imm Law Reform Inst amicus

Immigrant and healthcare service organizations amicus, December 27, 2019

9C recon immigrant and healthcare orgz amicus

9C recon immigrant and healthcare orgz amicus brief

20 counties amicus, December 30, 2019

9C 20 counties recon amicus 19-17213_Documents

Parties’ proposal for trial level stay, January 8, 2020

file0.596461916380701

US opposition to reconsideration of stay order, January 10, 2010

9C US op to reconsideration of stay order

Trial level stay order, January 10, 2020

file0.951755367257771

Appellees’ brief, January 16, 2020

9C appellees brief

Appellees’ motion for initial en banc consideration, January 16, 2020

9C motion for initial en banc

Justice in Aging amicus, January 17, 2020

9C Justice in Aging amicus

Legal Historians amicus, January 23, 2020

9C legal historians amicus

NCLC amicus, January 23, 2020

9C NCLC amicus

Institute for Policy Integrity amicus, January 23, 2020

9C institute for policy integrity amicus

Public Justice Center amicus, January 23, 2020

9C public justice center amicus

Nonprofit anti DV and sexual assault organizations amicus, January 23, 2020

9C nonprofit anti DV amicus

National Housing Law Project amicus, January 23, 2020

9C NHLP amicus

Center for Reproductive Rights amicus, January 23, 2020

9C Center for Reproductive Rights amicus

US House amicus, January 23, 2020

9C US House amicus

California state ass’n of counties amicus, January 23, 2020

9C Calif State Assn of Counties amicus

Immigration Law Professors amicus, January 23, 2020

9C Immigration Law Professors amicus

Asian Americans Advancing Justice amicus, January 23, 2020

9C Asian Americans Advancing Justice amicus

Public Health, etc., Deans, Chairs, and Scholars amicus, January 23, 2020

9C Public Health Deans amicus

Fiscal Policy Institute amicus, January 23, 2020

9C Fiscal Policy Inst amicus

American Academy of Pediatrics amicus, January 23, 2020

9C AAP amicus

105 Businesses and Organizations amicus, January 23, 2020

9C 105 Businesses amicus

US reply brief, February 6, 2020

9C US reply brief

Plaintiffs’ supplemental authority (Seventh Circuit), February 11, 2020

9C pltf supp auth 7C

Order denying rehearing en banc of stay order, February 18, 2020

9C denial rhb

Pltf citation supplemental authority asylum opinions, March 5, 2020

9C pltf addl auth 19-17213_Documents

Order on administrative record and compelling discovery, April 1, 2020

file0.621404443207336

 

Northern Illinois

Cook County v. McAleenan, No. 1:19-cv-6334 (N.D. Ill.)

Complaint, September 23, 2019

21019585-0–29839

TRO/PI motion, September 25, 2019

21030755-0–304

US opposition to preliminary injunction, October 8, 2019

21080869-0–2349

Reply supporting preliminary injunction, October 10, 2019

21093123-0–3614

Hearing set for 1 pm, October 11

US supplemental opposition to preliminary injunction, October 13, 2019

merged_94269_-1-1571059420

Plaintiffs’ supplemental memo supporting preliminary injunction, October 13, 2019

21100958-0–3699

Preliminary injunction, October 14, 2019

21102449-0–6697

21102455-0–7715

Motion to stay pending appeal, notice, motion, memo, declaration, October 25, 2019

16551371-0–3792

21154377-0–6715

21154448-0–7171

21154466-0–7285

Minute order/scheduling, October 30, 2019

21169409-0–4925

26(f) status report, October 30, 2019

21172401-0–7507

Notice of appeal, October 30, 2019

21172452-0–9243

Opposition to motion for stay, November 6, 2019

21200374-0–19308

Minute order denying stay pending appeal motion, November 14, 2019

21231591-0–3074

US motion for stay pending appeal, November 15, 2019

7C US motion for stay pending appeal

Order requesting response by 12/3, November 19, 2019

7C order requesting response

Plaintiffs’ opposition to motion for stay pending appeal, December 3, 2019

7C pltf ipa op

Plaintiffs’ motion to authorize discovery on equal protection claim, December 5, 2019

merged_28262_-1-1575681242

Defendants’ opposition to discovery and memo supporting stay, December 5, 2019

21312077-0–5942

21312104-0–6426

Defendants’ notice re Ninth Circuit orders, December 5, 2019

merged_57794_-1-1575681544

US reply supporting stay, December 10, 2019

7C US reply supporting stay

US opening brief, December 10, 2019

US opening brief 12 10 19

Immigration Reform Law Institute amicus, December 17, 2019

7C imm reform law ctr amicus

US response to discovery motion, December 19, 2019

21374594-0–8488

Plaintiffs’ reply supporting discovery motion, December 19, 2019

merged_40060_-1-1576851582

Order denying motion for stay, December 23, 2019

7C order denying motion for stay pending appeal

Briefing schedule, December 30, 2019

7C briefing schedule

Oral argument 2/26 notice, December 30, 2019

7C oral argument notice 19-3169_Documents

US motion to dismiss and memo, January 16, 2020

21464376-0–21624

21464408-0–19502

Appellees’ brief, January 17, 2020

7C appellees brief

Nonprofit anti-DV organizations amicus, January 23, 2020

7C nonprofit anti DV amicus

National Housing Law Project amicus, January 23, 2020

7C NHLP amicus

Legal Historians amicus, January 24, 2020

7C Legal Historians amicus

National Consumer Law Center amicus, January 24, 2020

7C NCLC amicus

[Other amicus briefs, January 24, 2020]

Fiscal Policy Institute amicus, January 24, 2020

7C Fiscal Policy Inst amicus

US House amicus, January 24, 2020

7C US House amicus

City of Chicago amicus, January 24, 2020

7C City of Chicago amicus

Am. College of OB GYN amicus, January 24, 2020

7C ACOG amicus

ACLU amicus, January 24, 2020

7C ACLU amicus

105 Businesses and Organizations amicus, January 24, 2020

7C 105 bus orgz amicus

Immigration Law Professors amicus, January 24, 2020

7C imm law profs amicus

US renewed motion for stay pending appeal, January 28, 2020

7C US renewed motion for stay pending appeal

Order directing response to renewed stay motion by 2/5, January 28, 2020

7C order directing response re stay by 2 5

US reply brief, February 4, 2020

7C US reply brief

Plaintiffs’ opposition to renewed motion for stay, February 5, 2020

7C pltf op to renewed stay 19-3169_Documents

Notification of docket entry, February 6, 2020

21545346-0–5776

US reply supporting stay, February 7, 2020

7C US reply supporting stay

Order denying renewed motion for stay, February 10, 2020

7C order denying renewed motion for stay

ACLU request to participate in oral argument, February 12, 2020

7C ACLU oa request

Motion for stay, February 13, 2020 (No. 19A905)

20200213111405279_19A__ Wolf v Cook County stay application TO FILE

Plaintiffs’ opposition to motion to dismiss, February 19, 2020

21604240-0–9588

Opposition to motion for stay, February 19, 2020

20200219144103313_Stay Opposition and Addendum

Reply supporting stay, February 20, 2020

20200220154942568_19A905 Wolf stay REPLY

Amended opposition to motion to dismiss, with exhibits, March 13, 2020

merged_12152_-1-1584147824

General N.D. Ill. deadlines rescheduling, March 16, 2020

21726726-0–24928

Order for US reply to be due 4/9, March 19, 2020

21789591-0–19392

US notice of supplemental authority (Almaklani), March 26, 2020

merged_90167_-1-1585316060

Rescheduling order (4/16 and 5/4), April 2, 2020

23196210-0–2272

Plaintiffs’ notice of additional authority re discovery (California), April 7, 2020

merged_36694_-1-1586383946

 

Maryland

Casa de Maryland v. Trump, No. 8:19-cv-2715 (D. Md.)

Complaint, September 16, 2019

Casa de Maryland complaint

Motion for preliminary injunction, September 16, 2019

Casa de Maryland PI memo

[Amended complaint]

[Corrected PI motion]

US opposition to preliminary injunction, October 1, 2019

US opposition to PI motion

Reply supporting preliminary injunction, October 7, 2019

Reply supporting preliminary injunction

10/07/2019 58 PAPERLESS ORDER advising that in preparing for the hearing on October 10, 2019 regarding the Plaintiffs’ Motion for a Preliminary Injunction, counsel should be prepared to identify their strongest argument in support of each of the substantive issues that must be resolved in order for the court to rule on the motion, the two or three cases on which they principally rely to support their position for each issue, and the specific ECF filing and page number of the factual support in the record for their positions. Signed by Judge Paul W. Grimm on 10/7/2019. (pk3s, Chambers) (Entered: 10/07/2019)

Oral argument, October 10, 2019

Post-oral-argument update re other cases, October 11, 2019

CdM update re other cases

Preliminary injunction, October 14, 2019

CdM preliminary injunction

Plaintiff letter re scope of injunction, October 16, 2019

CdM pltf letter re scope of injunction

Order re revised preliminary injunction, October 18, 2019

CdM revised PI order

US motion for stay pending appeal, October 25, 2019

CdM US motion to stay pending appeal

10/30/2019 73 PAPERLESS ORDER memorializing today’s telephone conference. Plaintiffs will file a response to Defendants’ Motion to Stay, ECF No. 69, by November 8, 2019. Defendants will file their notice of appeal by November 8, 2019, and their reply by November 15, 2019. With respect to an amended complaint, Counsel for Plaintiffs will consult with their clients and determine whether they will file an amended complaint by November 8, 2019. The parties will then confer and submit a joint status report by November 15, 2019, that will include a proposed schedule for filing an amended complaint, if applicable, a briefing schedule for a motion to dismiss, and proposed page limits for the motion to dismiss briefing. Signed by Judge Paul W. Grimm on 10/30/2019. (pk3s, Chambers) (Entered: 10/30/2019)

Notice of appeal, October 30, 2019

CdM US notice of appeal

Fourth Circuit # 19-2222

Plaintiffs’ opposition to motion for stay pending appeal, November 8, 2019

Pltf op to stay pending appeal

US waiver of right to reply, urging decision by November 14, November 8, 2019

US waiver of right to reply

Letter order denying reconsideration, November 14, 2019

CdM letter order denying recon

Joint status report, November 15, 2019

joint status report 11 15

US motion for stay pending appeal, November 15, 2019

4C mo stay pending appeal

Order requesting response by 11/25, November 18, 2019

4C request for response

Opposition to motion for stay pending appeal, November 25, 2019

19-2222_Documents

Motion to stay (trial level) pending Fourth Circuit decision, November 26, 2019

093110744900

Reply supporting motion for stay pending appeal, December 2, 2019

4C reply supporting stay pending appeal

US letter re Ninth Circuit decision, December 6, 2019

4C US letter re 9C decision

Stay order, December 9, 2019

Document 81

Plaintiffs’ opposition to motion for stay, December 10, 2019

Pltf op to stay

ACOG amicus, December 11, 2019

ACOG amicus 12 11 19

US opening brief, December 16, 2019

US opening brief

Scheduling and amended complaint proposal, December 18, 2019

Scheduling and amended complaint proposal

Plaintiffs’ petition for rehearing en banc of stay order, December 20, 2019

4C petition for rheb

Immigration Law Reform Institute amicus, December 23, 2019

4C imm law reform inst amicus

Fourth Circuit request for response by 1/6/20, December 27, 2019

4C request for response 12 27

US reply supporting trial level stay, January 3, 2020

US reply supporting trial level stay

Plaintiffs’ second amended complaint, with redline version, January 3, 2020

CdM second amended complaint

CdM second amended complaint redline

US response to petition for rehearing en banc, January 6, 2020

4C US op to rheb

Plaintiffs’ supplemental authority notice (Second Circuit order), January 8, 2020

4C pltf supp auth 2C

US notice re Second Circuit order, January 8, 2020

US notice re 2C order

Plaintiffs’ notice re Second Circuit order, January 8, 2020

4C pltf addl auth 2C

US response to plaintiffs’ Second Circuit notice, January 10, 2020

4C US supp auth response

Appellees’ brief, January 13, 2020

4C appellee brief

Order denying rehearing en banc of stay order, January 14, 2020

4C order denying rheb of stay order

104 organizations’ amicus, January 16, 2020

4C 104 amicus

American Academy of Pediatrics amicus, January 17, 2020

4C am academy pediatrics amicus

Institute for Policy Integrity amicus, January 17, 2020

4C inst policy integrity amicus

US House amicus, January 21, 2020

4C House amicus

Legal Historians amicus, January 21, 2020

4C Legal Historians amicus

Center for Reproductive Rights amicus, January 21, 2020

4C Center for Reproductive Rights amicus

Health Law Advocates amicus, January 21, 2020

4C health law advocates amicus

Congressional Tri-Caucus amicus, January 21, 2020

4C Congressional Tri-Caucus amicus

Nonprofit Anti Domestic Violence and Sexual Assault organizations amicus, January 21, 2020

4C Nonprofit Anti DV SA organizations amicus

Immigration Law Professors amicus, January 21, 2020

4C immigration law professors amicus

Fiscal Policy Institute amicus, January 21, 2020

4C Fiscal Policy Institute amicus

Public Justice Center amicus, January 21, 2020

4C Public Justice Center amicus

Plaintiffs’ notice re U.S. Supreme Court stay, January 28, 2020

Notice re USC stay

US response to plaintiffs’ notice, January 29, 2020

US response to supp auth

US reply brief, February 3, 2020

4C US reply brief

Order allowing House to participate in oral argument, February 14, 2020

4C order allowing House to participate in OA

Plaintiffs’ supplemental authority, February 18, 2020

4C pltf supp auth

US response to plaintiffs’ supplemental authority, February 21, 2020

4C US resp supp auth

US letter re Cook County stay, February 24, 2020

US letter re Cook County

Plaintiff letter re administrative record, February 25, 2020

CdM pltf letter re admin record

02/27/2020 101 PAPERLESS ORDER re 100 Request for Conference. The Government is directed to file a letter response of 3 pages or less, single-spaced, excluding exhibits, addressing the issues raised in Plaintiffs’ request for conference by March 5, 2020. I will hold a telephone conference with the parties after that date, which will be scheduled separately. Signed by Judge Paul W. Grimm on 2/27/2020. (pk3s, Chambers) (Entered: 02/27/2020)

US opposition re administrative record, March 5, 2020

US op re admin record

Plaintiffs’ petition for initial hearing en banc, March 6, 2020

4C pet initial h eb

Oral argument rescheduling to 5/5, March 10, 2020

4C OA rescheduling to 5 5

Plaintiffs’ request that oral argument be restored to 3/18, March 12, 2020

4C pltf rq reinst oa 3 18 19-2222_Documents

Order denying plaintiffs’ request to expedite appeal, March 13, 2020

4C order denying mo expedite

Parties’ proposed briefing schedule on US motion to dismiss, March 16, 2020

Parties’ proposed briefing schedule

US opposition to initially hearing appeal en banc, March 16, 2020

4C US op to initial heb

US reply supporting stay pending appeal, March 16, 2020

4C US reply supporting stay pending appeal

District court order for partial stay, March 18, 2020

partial stay and scheduling order

03/18/2020 106 PAPERLESS ORDER APPROVING 104 Status Report and Proposed Briefing Schedule for CASA de Maryland v. Trump, No. 8:19-cv-02715-PWG and Gaithersburg v. DHS, No. 8:19-cv-02851-PWG as follows: The Government’s motion to dismiss in both cases is due by April 8, 2020. The Plaintiffs’ consolidated opposition, or separate briefs in opposition, is due by May 6, 2020. The Government’s reply brief or briefs are due by May 20, 2020. The Government’s brief in support of the motion to dismiss is limited to 35 pages, exclusive of exhibits. The Plaintiffs’ brief or briefs in opposition, whether consolidated or filed separately, are limited to a total of 35 pages together, exclusive of exhibits. The Government’s brief or briefs in reply, whether consolidated or filed separately, are limited to a total of 20 pages together, exclusive of exhibits. These page limits are in place unless the parties request, and the Court grants, additional pages. Signed by Judge Paul W. Grimm on 3/18/2020. (pk3s, Chambers) (Entered: 03/18/2020)

 

Southern New York

New York v. U.S. Dep’t of Homeland Security, No. 1:19-cv-7777 (S.D. N.Y.)

Complaint, August 20, 2019

Public Charge Southern New York 8.20.2019_complaint_as_filed

Make The Road New York v. Cuccinelli, No. 1:19-cv-7993 (S.D. N.Y.)

Complaint, August 27, 2019

file0.478180755666596

 

State’s motion for preliminary injunction, September 9, 2019

file0.546042152253118

file0.195682490981323

 

ACLU/CPR/NDRN amicus, September 11, 2019

file0.161185321669233

US letter motion for extension of time to respond, September 13, 2019

file0.218436531295207

New York letter opposition to extension of time, September 13, 2019

file0.920163914832425

Scheduling order, September 16, 2019

file0.454002934080687

US preliminary injunction opposition, September 27, 2019

file0.59661240064646

Immigration Reform Law Institute amicus, October 1, 2019

file0.894643155197752

file0.496057978636724

Plaintiffs’ reply, October 4, 2019

file0.754515746413869

Private plaintiffs’ reply, October 4, 2019

file0.302439552304474

Corrected regulation, October 6, 2019

merged_5247_-1-1570454144

States’ proposed order, October 8, 2019

file0.38899024579781

Private plaintiffs’ proposed order, October 8, 2019

file0.884379417673824

US proposed order, October 8, 2019

file0.488711067513702

Preliminary injunction memorandum opinion and order, October 11, 2019

file0.0516057033475015

file0.798986711344821

Motion for stay pending appeal, October 25, 2019

file0.734578397163329

file0.0540944110054049

file0.4929304183844

Motion for extension of time to answer or file motion to dismiss, October 25, 2019

file0.422995383656723

Notice of interlocutory appeal, October 30, 2019

file0.565960061309067

Second Circuit #s 19-3591, 3595

Motion for stay pending appeal, November 15, 2019

2C motion for stay

Opposition to motion for stay pending appeal, November 25, 2019

Document 5

NHLP amicus, November 25, 2019

Document 6

Second Circuit expediting order, November 27, 2019

2C expediting order

Motion to stay further district court proceedings pending appeal, November 29, 2019

file0.0663953992195978

Order denying stay pending appeal, December 2, 2019

file0.585773736530225

Reply supporting stay pending appeal, December 2, 2019

2C reply supporting IPA

US letter re Ninth Circuit decision, December 6, 2019

2C US letter re 9C decision

Plaintiffs’ motion re discovery conference, December 6, 2019

file0.246946568406326

US letter re Fourth Circuit decision, December 9, 2019

Document 80

NY letter responding to Ninth Circuit decision, December 10, 2019

2C NY 28 j response

Appellant US’s opening brief, December 13, 2019

9C US opening brief 12 13

Plaintiffs’ opposition to stay of trial proceedings pending appeal, December 13, 2019

file0.0668135867837343

Second Circuit notice setting oral argument on the stay motion for 1/7, December 16, 2019

2C oral argument notice for 1 7 20

US reply supporting motion to stay trial court proceedings, December 20, 2019

file0.209828282977593

US opposition to motion for discovery conference, December 20, 2019

file0.934475965137732

Plaintiffs’ 28(j) notice re Seventh Circuit order, December 24, 2019

2C 28 j notice re 7C

US opening brief, December 30, 2019

2C US brief

Parties’ letter re oral argument, January 6, 2020

2C parties’ letter re oral argument time

Order denying stay pending appeal, January 8, 2020

2C order denying stay pending appeal

 

 

Members of Congress amicus, January 24, 2020

2C Members of Congress amicus

Plaintiffs’ appellee brief, January 24, 2020

2C appellee brief

Justice in Aging amicus, January 27, 2020

2C Justice in Aging amicus

US motion for extension of time to answer, January 28, 2020

file0.277177142483321

Plaintiffs’ opposition to extension of time to answer, January 28, 2020

file0.362236977826011

US notice that it won’t be filing an answer 1/31, January 30, 2020

file0.142239440270838-2

Order denying stay pending Second Circuit proceedings, January 31, 2020

file0.482451569327292

Center for Reproductive Rights amicus, January 31, 2020

2C CRR amicus

Asian Americans Advancing Justice amicus, January 31, 2020

2C Asian Americans Advancing Justice amicus

National Consumer Law Center amicus, January 31, 2020

2C NCLC amicus

US House amicus, January 31, 2020

2C US House amicus

26 Counties, Cities, and Municipalities amicus, January 31, 2020

2C 26 Counties Cities Munis amicus

105 Businesses and Organizations amicus, January 31, 2020

2C 105 businesses orgz amicus

ACLU amicus, January 31, 2020

2C ACLU amicus

National Housing Law Project amicus, January 31, 2020

2C NHLP amicus

American Academy of Pediatrics amicus, January 31, 2020

2C Am Academy Pediatrics amicus

Institute for Policy Integrity amicus, February 5, 2020

2C inst policy integrity amicus

Public Health, etc., Deans, Chairs, and Scholars amicus, February 6, 2020

2C Public Health Deans Chairs Scholars amicus

Public Justice Center amicus, February 6, 2020

Public Justice Center amicus

Aldana amicus, February 6, 2020

2C Aldana amicus

Health Law Advocates amicus, February 7, 2020

2C Health Law Advocates amicus

Trial level U.S. motion to dismiss, with memo, February 14, 2020

file0.858486891529662

file0.55402163582961

US reply brief, February 14, 2020

2C US reply brief

Partial consolidation order, February 18, 2020

file0.254988562121195

US notice re Cook County stay, February 24, 2020

US notice of Cook County stay

New York notice re new federal policy, February 25, 2020

2C NY 28 j new policy

US response to NY notice, February 27, 2020

US 28 j manual

Plaintiffs’ opposition to motion to dismiss, February 28, 2020

file0.41105741894911

House of Representatives amicus, March 3, 2020

merged_54403_-1-1583331748

US letter re public health consequences, March 5, 2020

US letter re health consequences

Public Justice Center amicus, March 6, 2020

merged_46289_-1-1583606878

US reply supporting motion to dismiss, March 6, 2020

file0.30243429126325

Plaintiffs’ notice re coronavirus letter, March 11, 2020

merged_15236_-1-1584019450

US request to reschedule oral argument 3/17 or do it telephonically, March 15, 2020

file0.53174773234981

Order rescheduling oral argument to 5/5, March 16, 2020

file0.755098854695586

 

Eastern Washington

Washington v. U.S. Dep’t of Homeland Security, No. 4:19-cv-5210 (E.D. Wash.)

Complaint, with exhibit, August 14, 2019

Public Charge complaint Eastern Washington

Public Charge Eastern Washington Complaint Exhibit 1

Amended complaint, with exhibit, September 5, 2019

Amended complaint 9 5 19

Exhibit A to amended complaint 9 5 19

PI motion and proposed order, September 6, 2019

Public Charge Eastern Washington PI motion

Public Charge Eastern Washington PI proposed order

American Ass’n of People with Disabilities amicus motion, September 9, 2019

Public Charge 504 amicus mo

AAPD proposed amicus brief, September 9, 2019

Dkt.-102-1-Proposed-Amici-Brief-WA-state

American Academy of Pediatrics/AMA amicus, September 13, 2019

American Academy of Pediatrics AMA amicus

US opposition, September 20, 2019

19513677337

Washington preliminary injunction reply, September 27, 2019

Washington PI reply

Notice of corrected rule, October 1, 2019

US notice of correction to rule

Corrected final rule

Preliminary injunction, October 11, 2019

Eastern Washington PI

Motion to stay pending appeal, with declaration, October 25, 2019

motion for stay pending appeal

Renaud declaration

Motion to expedite motion to stay, October 30, 2019

Wash public charge US mo to expedite mo for stay

Notice of interlocutory appeal, October 30, 2019

WAvT public charge US notice of appeal

10/31/2019 178 TEXT-ONLY ORDER (no PDF shall issue) setting response and reply deadlines for Federal Defendants’ Motion to Expedite, ECF No. 173 . In light of Federal Defendants’ representation in ECF No. 173 at 2 that Plaintiff States oppose an expedited hearing of Federal Defendants’ Motion to Stay the Preliminary Injunction, ECF No. 169 , Plaintiff States may file any response to the Motion to Expedite, ECF No. 173 , by November 6, 2019. Federal Defendants may file any reply by November 7, 2019. Hearing without oral argument for the Motion to Expedite, ECF No. 173 , remains set for November 8, 2019, at 6:30 p.m. This text-only entry constitutes the Court’s ruling on the matter. Signed by Judge Rosanna Malouf Peterson. (MS, Judicial Assistant) (Entered: 10/31/2019)

Ninth Circuit # 19-35914

Washington opposition to expediting motion for stay pending appeal, November 6, 2019

Wash op to expediting stay motion

US reply supporting expediting stay, November 7, 2019

US expedite stay reply

Order denying motion to expedite stay motion, November 8, 2019

Order denying motion to expedite motion for stay

Plaintiffs’ response to motion for stay pending appeal, November 15, 2019

Pltf op to stay pending appeal

US motion for stay pending appeal, Ninth Circuit, November 15, 2019

9C US motion for stay pending appeal

Scheduling order, November 20, 2019

9C scheduling order re motion for stay

Response to US motion for stay pending appeal, November 22, 2019

Document

Reply supporting US motion for stay pending appeal, November 26, 2019

9C reply supporting stay 2

Trial court order denying motion for stay pending appeal, December 3, 2019

order denying stay pending appeal

Ninth Circuit order for stay pending appeal, December 5, 2019 (see also Northern California case)

9C stay order 12 5 19

US opening brief, December 6, 2019

9C US opening brief

Joint status report, December 16, 2019

joint status report 12 16

State petition for rehearing en banc, December 19, 2019

9C pet rheb

Ninth Circuit order directing responses to petition for rehearing en banc, December 20, 2019

Copy of 9C order for responses

For US response to petitions, January 10, 2020, see Northern California case

US reply supporting motion to dismiss, January 10, 2020

dism reply

For appellees’ motion for initial en banc consideration, January 16, 2020, see Northern California case

States’ answering brief, January 17, 2020

9C States answering brief

Justice in Aging amicus, January 21, 2020

9C Justice in Aging amicus

Public Justice Center amicus, January 23, 2020

9C Public Justice Center amicus

Institute for Public Integrity amicus, January 23, 2020

9C Inst Pub Integrity amicus

National Housing Law Project amicus, January 23, 2020

9C Natl Housing Law Project amicus

Nonprofit anti domestic violence organizations amicus, January 23, 2020

9C Nonprofit anti DV amicus

US House amicus, January 23, 2020

9C US House amicus

Immigration Law Professors amicus, January 23, 2020

9C immigration law profs amicus

Asian Americans Advancing Justice amicus, January 23, 2020

9C Asian Americans Advancing Justice amicus

National Consumer Law Center amicus, January 24, 2020

9C NCLC amicus

Legal Historians amicus, January 24, 2020

9C Legal Historians amicus

Center for Reproductive Rights amicus, January 24, 2020

9C Center for Reproductive Rights amicus

105 businesses and organizations amicus, January 24, 2020

9C 105 bus orgz amicus

American Academy of Pediatrics amicus, January 24, 2020

9C Am Acad Pediatrics amicus

Health Law Advocates amicus, January 24, 2020

9C Health Law Advocates amicus

Fiscal Policy Institute amicus, January 24, 2020

9C Fiscal Policy Inst amicus

ACLU amicus, January 24, 2020

9C ACLU amicus 1 24

Washington response to US notice of supplemental authority, February 4, 2020

9C Wash supp auth response

US reply brief, February 7, 2020

9C US reply brief 2 7

Plaintiff’s supplemental authority re administrative record, February 11, 2020

pltf addl auth admin record

US response to supplemental authority re administrative record, February 21, 2020

US response re admin record

Plaintiffs’ notice re coronavirus proclamations, etc., March 11, 2020

9C pltf coronavirus info 19-35914_Documents

US response to plaintiffs’ notice re coronavirus, March 19, 2020

9C US public charge addl authority response

US supplemental authority (Almaklani), March 26, 2020

US supp auth admin record

Plaintiffs’ response to US supplemental authority, March 30, 2020

pltf supp auth response

Plaintiffs’ supplemental authority re admin record (California), April 3, 2020

pltf supp auth (Calif)

 

Health Coverage Proclamation

Health coverage proclamation, October 4, 2019

https://www.whitehouse.gov/presidential-actions/presidential-proclamation-suspension-entry-immigrants-will-financially-burden-united-states-healthcare-system/

Doe v. Trump, No. 3:19-cv-1743 (D. Or.)

Complaint, October 30, 2019

Doe v Trump

Motion for TRO, November 1, 2019

6789095-0–18858

Rubio declaration

6789736-0–2871

Castro declaration

6789739-0–2929

Villarruel declaration

6789742-0–3343

Morales declaration

6789745-0–3733

Blake Doe declaration

6789748-0–3375

John Doe #1 declaration

6789751-0–3437

Jane Doe #2 declaration

6789754-0–3548

Jane Doe #3 declaration

6789757-0–3603

11/01/2019 14 Scheduling Order by Judge Michael H. Simon. ORDER – Setting a Telephone Conference regarding Plaintiffs’ Motion for Temporary Restraining Order (ECF 7 ) for 11/2/2019 at 02:00PM. The Court will provide the parties’ with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja) (Entered: 11/01/2019)
11/01/2019 19 Scheduling Order by Judge Michael H. Simon. ORDER – Resetting the Telephone Conference to an In-Court Conference regarding Plaintiffs’ Motion for Temporary Restraining Order (ECF 7 ) set for 11/2/2019 at 2:00PM in Portland, Courtroom 15B, before Judge Michael H. Simon. Ordered by Judge Michael H. Simon. (mja) (Entered: 11/01/2019)
11/02/2019 32 MINUTES OF ORAL ARGUMENT HEARING: ORDER – Plaintiffs’ Motion for Temporary Restraining Order (ECF 7 ) is GRANTED for a period not to exceed 28 days. Formal order to follow. ORDER – Setting a briefing schedule as follows: Plaintiffs’ Motion for Preliminary Injunction is due by November 8, 2019; Defendants’ response is due by November 15, 2019; Plaintiffs’ reply is due by November 19, 2019; and a Preliminary Injunction Hearing is set for Friday, November 22, 2019 at 1:00PM in Portland, Courtroom 15B, before Judge Michael H. Simon. Nadia H. Dehab, Stephen W. Manning, Esther H. Sung, Karen C. Tumlin, Scott D. Stein, Stephanie Hales, Keven Fee, and Jesse Bless present as counsel for Plaintiffs. Andrew Bernie, Brian Ward, and Courtney Moran present as counsel for Defendants. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 11/02/2019)

Temporary restraining order, November 2, 2019

6789796-0–26759

Class certification motion, November 8, 2019

6797962-0–28039

Manning affidavit

6797965-0–545

Exhibit 1: proclamation

6797965-1–601

Exhibit 2: White House statement

6797965-2–651

Exhibit 3: AIDS United comment

6797965-3–746

Exhibit 4: AMA comment

6797965-4–833

Exhibit 5: Asian & Pacific Islander American Health Forum comment

6797965-5–922

Exhibit 6: Center for Elder Law & Justice comment

6797965-6–992

Exhibit 7: Children’s Health Watch comment

6797965-7–1037

Exhibit 8: Consortium for Citizens with Disabilities comment

6797965-8–1088

Exhibit 9: Covered California comment

6797965-9–1168

Exhibit 10: DC Health Benefit Exchange comment

6797965-10–1228

Exhibit 11: Disability Rights California comment

6797965-11–1298

Exhibit 12: Latino Network comment

6797965-12–1334

Exhibit 13: Legal Aid Society comment

6797965-13–1399

Exhibit 14: Mass Health Connector comment

6797965-14–1491

Exhibit 15: MN Sure comment

6797965-15–1526

Exhibit 16: Nat’l Ass’n of Pediatric Nurse Practitioners comment

6797965-16–1556

Exhibit 17: NDRN comments

6797965-17–1627

Exhibit 18: NHeLP comments

6797965-18–28373

Exhibit 19: NILC comments

6797965-19–1771

Exhibit 20: Oregon Dep’t of Consumer and Business Services comments

6797965-20–1802

Exhibit 21: Oregon Primary Care Ass’n comments

6797965-21–1841

Exhibit 22: American Occupational Therapy Ass’n comments

6797965-22–1930

Exhibit 23: Virginia Garcia Mem. Health Center comments

6797965-23–1998

Exhibit 24: American Imm. Lawyers Ass’n comments

6797965-24–2050

Exhibit 25: MACPAC report to Congress, March 2018

6797965-25–2090

Exhibit 26: Notice of information collection OMB

6797965-26–28870

Exhibit 27: OMB notice of action

6797965-27–29045

Exhibit 28: Dep’t of State response to comments

6797965-28–29082

 

Motion for preliminary injunction, November 8, 2019

6797971-0–28072

[Declarations]

Jane Doe 3 declaration

6797974-0–2382

Kuck declaration

6797977-0–2471

Jane Doe 2 declaration

6797980-0–2572

Rhoads declaration

6797983-0–2690

Castro declaration

6797986-0–2738

Ramos declaration

6797989-0–2794

Morales declaration

6797992-0–2836

Ku declaration

6797995-0–28757

John Doe 1 declaration

6797998-0–2978

Leuck declaration (CBPP)

6798001-0–28518

Palanker declaration

6798004-0–3028

Castellanos declaration

6798007-0–3073

Rubio declaration

6798010-0–3136

Villarruel declaration

6798013-0–3226

Norris declaration

6798016-0–3310

Butte declaration

6798019-0–3345

Watson-Patko declaration

6798022-0–3372

Pogue declaration (CBPP)

6798025-0–3426

MacEwan declaration

6798028-0–3490

Blake Doe declaration

6798031-0–3517

Dahab declaration

6798034-0–3542

Motion to compel production of administrative record, with Dahab declaration, November 11, 2019

6798159-0–15331

6798162-0–15433

State and local governments motion for leave to file and amicus, November 12, 2019

6799737-0–361

Organizations’ motion for leave to file and amicus, November 12, 2019

6799833-0–427

6799836-0–438

Opposition to motion to compel production of administrative record, November 13, 2019

6801549-0–21059

Reply supporting production of administrative record, November 14, 2019

6802856-0–6557

Flentje entry of appearance, November 15, 2019

6802969-0–11344

US response re preliminary injunction, November 15, 2019

merged_49001_-1-1573886508

Order re production of record, November 15, 2019

6804390-0–3559

US request for extension to respond to class certification motion, November 18, 2019

6805933-0–5509

States’ and New York City’s amicus brief, November 19, 2019

6807036-0–31588

Order denying request for extension to respond to class certification, November 19, 2019

6807061-0–31659

Reply supporting preliminary injunction, November 19, 2019

6807752-0–31705

Administrative record, November 21, 2019

6809712-0–4293

Plaintiffs’ supplemental brief, November 21, 2019

6809957-0–4181

Defendants’ opposition to class certification, November 22, 2019

US op to class cert

Opinion and order, November 26, 2019

2019-11-26 Opinion dckt 95_0

Stipulation for protective order, November 26, 2019

Stipulation for protective order

First amended class action complaint, November 27, 2019

First amended class action complaint 11 27

Reply supporting class certification, with declaration, November 27, 2019

Reply supporting class cert 11 27

Dahab declaration 11 27

Notice of appeal, December 4, 2019

6821156-0–17480

Ninth Circuit # 19-36020

US motion for stay, December 4, 2019

9C US motion for stay 19-36020_Documents

Plaintiffs’ opposition to motion for stay, with exhibits, December 16, 2019

Pltf op to US stay mo 19-36020_Documents-1

Ninth Circuit order denying temporary stay request, December 20, 2019

9C order denying temporary stay request

US reply supporting stay pending appeal, December 23, 2019

9C US stay pending appeal reply

Revised scheduling order, December 26, 2019

6845097-0–31842

Immigration and healthcare services amicus (recon), December 27, 2019

9C recon immi health services amicus

US opening brief, January 2, 2020

9C opening brief

Motion to compel completion of administrative record, with declaration, January 24, 2020

6874526-0–10173

6874529-0–10243

Motion for extension until 3/30 to answer, January 27, 2020

6876631-0–6327-1

01/28/2020 122 ORDER – Defendants’ Motion for Extension of Time to Answer (ECF 121 ) is GRANTED. Answer is due by 3/30/2020. Ordered by Judge Michael H. Simon. (mja) (Entered: 01/28/2020)

US notice of additional authority, January 28, 2020

9C US supp auth notice 2C

Plaintiffs’ notice of additional facts [about themselves], January 29, 2020

6879955-0–10322

Plaintiffs’ appellee brief, January 30, 2020

9C plaintiffs brief

38 Health Policy Experts amicus brief, February 6, 2020

9C 38 Health Policy Experts amicus

States and Cities amicus brief, February 6, 2020

States and Cities amicus

NHeLP amicus brief, February 6, 2020

9C NHeLP amicus

Immigration Law Professors amicus brief, February 6, 2020

9C Immigration Law Professors amicus

Disability Rights California amicus brief, February 6, 2020

9C Disability Rights California amicus

CASA amicus brief, February 6, 2020

9C CASA amicus

AMA amicus brief, February 6, 2020

9C AMA amicus

US opposition to motion to compel production of complete record, February 7, 2020

6889782-0–28049

Order re filing complete record, February 11, 2020

6893451-0–17777

US reply brief, February 20, 2020

9C US reply brief

US supplemental response re administrative record, February 28, 2020

6911225-0–25546

Plaintiffs’ supplemental reply re administrative record, March 13, 2020

6928752-0–25011

Class certification order, April 7, 2020

6954759-0–8286

 

Not filed in the proclamation case

Order granting stay in Al Otro Lado v. U.S., No. 19-56417, December 20, 2019

9C Al Otro Lado order