Public Charge (disability claims)

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

Public Charge

Public Charge Rulemaking

Proposed regulations, 64 Fed. Reg. 28,676 (May 26, 1999)

99-13188

Field Guidance on Deportability and Inadmissibility on Public Charge Grounds, 64 Fed. Reg. 28, 689 (March 26, 1999)

99-13202

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

2018-21106

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

2019-17142

 

Biden Administration Executive Order calling for review, among other things, of public charge policies, February 2, 2021

Executive Order on Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans

The two other executive orders issued that day

Executive Order on the Establishment of Interagency Task Force on the Reunification of Families

Executive Order on Creating a Comprehensive Regional Framework to Address the Causes of Migration

See also Press Secretary Psaki’s press conference, opening remarks, February 2

https://www.whitehouse.gov/briefing-room/press-briefings/2021/02/02/press-briefing-by-press-secretary-jen-psaki-february-2-2021/

 

Dep’t of Homeland Security, Inadmissibility on Public Charge Grounds; Implementation of Vacatur,

March 11, 2021 (non Federal Register version)

2021-05357

86 Fed. Reg. 14,221 (March 15, 2021)

2021-05357 federal register

 

The cases

Northern California, Nos. 4:19-cv-4717, -4975, -4980 (N.D. Cal.); Nos. 19-17213, 19-17214, 19-35 (9th Cir.), No. 20-962

Northern Illinois, No. 1:19-cv-6334 (N.D. Ill.), Nos. 19-3169 and 20-3150 (7th Cir.), Nos. 19A905 and 20-450

Maryland, No. 8:19-cv-2715 (D. Md.), No. 19-2222 (4th Cir.)

Southern New York, Nos. 1:19-cv-7777 and -7993 (S.D. N.Y); Nos. 19-3591 and 20-2537 (2d Cir.), No. 19A785 and 20-449

Eastern Washington, No. 4:19-cv-5210 (E.D. Wash.), appeal and Supreme Court, see Northern California

The health care proclamation case, No. 3:19-cv-1743 (D. Or.), No. 19-36020 (9th Cir.)

 

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

US motion to dismiss, April 22, 2020

merged_34767_-1-1587648141

California opposition to motion to dismiss, May 6, 2020

file0.928465178507519-1

California request for judicial notice, May 6, 2020

merged_4270_-1-1588859134-1

Scheduling order, May 13, 2020

file0.511404137398255

Order denying initial en banc hearing, May 20, 2020

9C order denying initial eb

Plaintiffs’ notice of additional authority (Cook County), May 21, 2020

file0.267731111767841

US reply supporting motion to dismiss, June 3, 2020

file0.877307108874572

US motion to dismiss amended complaint, June 10, 2020

merged_90130_-1-1591881749

Plaintiffs’ additional authority (Seventh Circuit), June 12, 2020

9C pltf addl auth 7C

Plaintiffs’ additional authority (DACA), June 30, 2020

9C pltf supp auth DACA

US response to plaintiffs’ additional authority (DACA), July 8, 2020

9C US resp addl auth DACA

Plaintiffs’ additional authority (Second Circuit), August 10, 2020

9C pltf addl auth 2C

California notice re oral argument presentation, September 11, 2020

9C pltf notice re oral argument presentation

Ninth Circuit opinion, December 2, 2020

19-17213

Joint status report, December 16, 2020

file0.17493116975869

Stay until mandate issues, December 17, 2020

file0.521799682910693

US motion for stay, December 30, 2020

9C US motion to stay mandate

Ninth Circuit order staying until disposition of cert petitions, January 20, 2021

9C stay pending cert dispo

US petition for certiorari, No. 20-962, docketed January 21, 2021

20210119170707980_Petition for Cert – USCIS v. City and County of San Francisco

Plaintiffs’ request for extension to respond to cert petition, February 2, 2021

20210202175537738_2021-02-02 Request for extension of time 01508952a

US notice re executive order, February 3, 2021

file0.242987183193815

Feb 03 2021 Motion to extend the time to file a response is granted and the time is extended to and including March 24, 2021, for all respondents.

Joint status report, February 19, 2021

file0.688262329475162

Stipulation to dismiss petition, March 9, 2021

20210309095806348_20-962 – USCIS v City and County of San Francisco Dismissal Stipulation

Mar 09 2021 Petition Dismissed – Rule 46.

US notice re Cook County case and new policy, March 10, 2021

merged_58850_-1-1615473350

US letter re dismissal of petition, March 10, 2021

9C US letter re cert dismissal 3 10 21

Arizona motion to intervene, March 10, 2021

9C Arizona motion to intervene 3 10 21

South Carolina motion to join Arizona intervention, March 11, 2021

9C SC amicus join mo

US opposition to intervention, March 22, 2021

9C US op interv

Plaintiffs’ joint opposition to intervention, March 22, 2021

9C state pltfs interv op

States’ reply supporting intervention, March 29, 2021

9C states interv reply 3 29 21

Order denying intervention, with dissent, April 8, 2021

9C interv denial with dissent

More elaborate version, 4/14 17984283-0–27548

Arizona motion for leave to intervene, April 30, 2021 (No. 20M81)

20210507123501346_20210507-123240-95753588-00001963

Arizona cert petition, with appendices, April 30, 2021 (No. 20M81)

20210507123502064_20210507-123240-95753588-00001964

20210507123945129_20210507-123605-95753589-00001966

20210507124224235_20210507-123916-95753590-00001967

20210507124615839_20210507-124208-95753591-00001968

20210507124733129_20210507-124456-95753592-00001969

US response, May 17, 2021 (No. 20M81)

20210519105205450_20210519-105107-95753716-00002088

California response, May 17, 2021 (No. 20M81)

20210519115543116_20210519-115435-95753722-00002090

San Francisco response, May 17, 2021 (No. 20M81)

20210519120123320_20210519-120039-95753725-00002092

Washington response, May 17, 2021 (No. 20M81)

20210519121333395_20210519-121256-95753728-00002094

Arizona reply, May 19, 2021 (No. 20M81)

20210521104009545_20210521-103915-95753744-00002121

 

Joint status report, May 21, 2021

file0.537008199646277

Stay order, May 26, 2021

18122533-0–35914

 

Order, June 1, 2021

20M81 ARIZONA, ET AL. V. SAN FRANCISCO, CA, ET AL.
The movants in this matter have sought leave to intervene in
this Court. They have also indicated their intention to file a
petition for a writ of certiorari respecting the denial of their
motion for leave to intervene in the United States Court of
Appeals for the Ninth Circuit. The motion for leave to
intervene in this Court is hereby held in abeyance pending the
timely filing and disposition of the petition for a writ of
certiorari respecting the denial of intervention below.

Arizona cert petition, No. 20-1775, June 18, 2021

20210618152046165_Public Charge Intervention Cert Petition Arizona

U.S. cert opposition, August 23, 2021

20210823145514281_20-1775 State of Arizona

California cert opposition, August 23, 2021

20210823124743635_20-1775BriefinOpposition

Counties cert opposition, August 23, 2021

20210823174156239_1_2021-08-23 CCSF and Santa Clara BIO 01550677

Washington cert opposition, August 23, 2021

20210823180411976_20-1775StatesBIO

 

==========

Northern Illinois

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

For the case at the Supreme Court, the first time, No. 19A905, see below

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

Stay granted, February 21, 2020 (see below)

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

US response to supplemental authority, April 15, 2020

21896076-0–524

US reply supporting motion to dismiss, April 16, 2020

21902545-0–22033

Plaintiffs’ notice of additional authority re discovery (Washington), April 23, 2020

merged_56132_-1-1587734331

Opinion denying motion to dismiss, May 19, 2020

22027058-0–22560

Motion for expedited discovery on equal protection, June 9, 2020

merged_93413_-1-1591795542

Order for expedited response, June 10, 2020

22130044-0–26914

Motion for extension of time, June 10, 2020

22130900-0–31867

Scheduling order, June 10, 2020

22131267-0–710

Seventh Circuit opinion affirming preliminary injunction, June 10, 2020

7C opinion

US motion and memo for 1292(b) certification, June 16, 2020

22154068-0–11517

22154077-0–12237

US opposition to motion for expedited discovery, June 16, 2020

22154171-0–25817

Exhibit A (Washington v. Trump procedural order)

22154171-1–4973

Bell declaration

22154171-2–6919

Legagneux declaration

22154171-3–8085

Palmer declaration

22154171-4–8973

Kolsky declaration

22154171-5–9860

Reply supporting motion for expedited discovery, with exhibits, June 18, 2020

merged_40340_-1-1592572756

Plaintiffs’ opposition to 1292(b) certificate of appealability, June 26, 2020

22197556-0–16615

US reply supporting certificate of appealability, July 2, 2020

22222156-0–10727

US answer, July 9, 2020

22244728-0–24869

Joint status report, July 10, 2020

22284400-0–724

Plaintiffs’ status report, July 13, 2020

22290622-0–608

Order denying 1292(b) certification, July 14, 2020

merged_61145_-1-159473294722291024-0–2215

Plaintiffs’ notice, July 15, 2020

22300793-0–27283

Joint status report re search terms, July 21, 2020

22322881-0–12498

US petition for rehearing en banc, July 27, 2020

7C US pet rheb

Immigration Reform Law Institute amicus, August 3, 2020

7C rheb immigration reform law institute amicus

Joint status report on discovery issues, August 3, 2020

22371436-0–16325

Minute order re discovery, August 4, 2020

22374633-0–8628

Joint status report on discovery issues, August 11, 2020

22402705-0–19316

     

Minute entry, August 12, 2020

22407975-0–14818

Order denying rehearing en banc, August 12, 2020

7C rheb denial

Plaintiffs’ motion for summary judgment on counts I-III, August 31, 2020

22475543-0–18615

Memorandum in support, August 31, 2020

merged_80681_-1-1598967045

Scheduling order, September 2, 2020

22488150-0–22026

Joint motion for confidentiality order, with proposed order, September 28, 2020

merged_24577_-1-1601386485

US summary judgment opposition, September 28, 2020

merged_56307_-1-1601386494

Plaintiffs’ summary judgment reply, October 2, 2020

22616229-0–5474

Joint status report, October 7, 2020

22633388-0–16558

US petition for certiorari, October 7, 2020

20201007163906926_Wolf v. Cook County Pet

No. 20-450

Cook County supplemental brief, October 16, 2020

22668822-0–28908

Illinois Coalition supplemental brief, October 16, 2020

22670969-0–29149

US supplemental brief, October 27, 2020

22710467-0–3118

Minute entry, memorandum opinion, and judgment, November 2, 2020

22728768-0–7362

22728792-0–7319

22728807-0–7254

US notice of appeal, November 2, 2020

22733584-0–18224

US motion for stay pending appeal, November 3, 2020

7C US mo stay pending appeal 11 3 20

Seventh Circuit # 20-3150

Administrative stay order, November 3, 2020

7C admin stay 11 3 20

Plaintiffs’ opposition to stay pending appeal, November 17, 2020

7C pltf stay op

Seventh Circuit stay, November 19, 2020

22807656-0–5470

Plaintiffs’ request for extension of time to respond to cert petition, November 25, 2020

20201125113535857_Cook_County_and_ICIRR_Second_Extension_Request

Nov 27 2020 Motion to further extend the time to file a response to the petition for a writ of certiorari DENIED.

Joint status report on discovery, November 30, 2020

22836664-0–115694

Plaintiffs’ cert response, December 9, 2020

20201209143836357_Brief in Opposition

Discovery minute entry and opinion, December 15, 2020

22895328-0–94620

22895340-0–95307

Joint status report on discovery, December 15, 2020

22900454-0–75012

Minute entry on discovery, December 16, 2020

22903131-0–43543

US cert reply, December 23, 2020

20201223150521064_2020-12-23 – Wolf v. Cook County cert reply

Dec 23 2020 DISTRIBUTED for Conference of 1/8/2021.

Joint status report re discovery, January 7, 2021

22970651-0–10956

Docket entry resetting status hearing to 1/26, January 8, 2021

22973986-0–14503

Minute entry, January 22, 2021

23025560-0–83501

US motion to modify scheduling order, with notice of motion, February 3, 2021

23066046-0–38160-1

23066057-0–42841

Minute entry, February 4, 2021

23079424-0–51267

Feb 12 2021 DISTRIBUTED for Conference of 2/19/2021.

Joint status report, February 19, 2021

23127622-0–46524

Joint status report, March 5, 2021

23181442-0–84024

Stipulation to dismiss petition, March 9, 2021

20210309102918713_20-450 – Mayorkas v Cook County Dismissal

Mar 09 2021 Petition Dismissed – Rule 46.

Unopposed US motion to voluntarily dismiss appeal, March 9, 2021

7C unop mo dism appeal

Order dismissing appeal, with mandate, March 9, 2021

7C order dismissing appeal, with mandate

Minute entry raising dismissal question, March 10, 2021

23194133-0–30149

US notice, March 10, 2021

merged_48615_-1-1615656362

Joint statement of dismissal with prejudice, March 11, 2021

23199277-0–31194

Court notification of docket entry, March 11, 2021

23202914-0–31826

Texas motions to intervene, recall mandate, etc., March 11, 2021

7C TX motions to intervene etc 3 11 21

Order on motion to intervene to recall mandate, March 15, 2021

7C denial TX mo interv recall mandate

Texas application for leave to intervene and for stay, March 19, 2021

20210319132528733_20A__ Application

Mar 26 2021 Response to application (20A150) requested by The Chief Justice, due Friday, April 9, 2021, by 5 p.m. ET.

Plaintiffs’ response, April 9, 2021

20210409144035571_Opposition to Application

US’s response, April 9, 2021

20210409162704410_Federal Respondents Opp to Application for Stay – 20A150

Texas’s reply, April 13, 2021

20210413121136056_20A150_Reply in Support of Application

Order, April 26, 2021

042621zor_e18f

20A150 TEXAS, ET AL. V. COOK COUNTY, IL, ET AL.

In 2019, the Department of Homeland Security promulgated through notice and comment a rule defining the term “public charge.” The District Court in this case vacated the rule nationwide, but that judgment was stayed pending DHS’s appeal to the United States Court of Appeals for the Seventh Circuit. On March 9, 2021, following the change in presidential administration, DHS voluntarily dismissed that appeal, thereby dissolving the stay of the District Court’s judgment. And on March 15, DHS relied on the District Court’s now-effective judgment to remove the challenged rule from the Code of Federal Regulations without going through notice and comment rulemaking. Shortly after DHS had voluntarily dismissed its appeal, a group of States sought leave to intervene in the Court of Appeals. When that request was denied, the States filed an application for leave to intervene in this Court and for a stay of the District Court’s judgment. The States argue that DHS has prevented enforcement of the rule while insulating the District Court’s judgment from review. The States also contend that DHS has rescinded the rule without following the requirements of the Administrative Procedure Act. We deny the application, without prejudice to the States raising these and other arguments before the District Court, whether in a motion for intervention or otherwise. After the District Court considers any such motion, the States may seek review, if necessary, in the Court of Appeals, and in a renewed application in this Court.

https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/20a150.html

Texas et al motion to intervene, with supporting memo and proposed answer, May 12, 2021

23434824-0–118505

23434833-0–118651

23434851-0–121425

Texas et al 60(b) motion, with supporting memo, May 12, 2021

23434866-0–122063

23434878-0–124639

Minute entry, May 17, 2021

23446757-0–36785

Minute entry with briefing schedule, May 18, 2021

23457716-0–36986

Plaintiffs’ opposition to intervention, 60(b), June 15, 2021

merged_65111_-1-1623799768

US opposition to intervention, 60(b), June 15, 2021

merged_83804_-1-1623799831

City of Chicago amicus, June 15, 2021

merged_98320_-1-1623899007

Plaintiffs’ notice of additional authority re intervention (California v. Texas), June 18, 2021

merged_82611_-1-1624138688

Minute entry, June 21, 2021

23576830-0–15626

Minute entry, June 29, 2021

23612293-0–28818

Putative intervenors’ reply, July 1, 2021

23623882-0–92344

Plaintiffs’ sur-reply, July 7, 2021

23638764-0–20463

Minute entry, July 22, 2021

23712095-0–44135

Memorandum opinion and order, August 17, 2021

Opinion 8 17

Minute entry, August 17, 2021

Minute entry 8 17 21

Notice of appeal, August 20, 2021

23801466-0–125679

Seventh Circuit # 21-2561

 

The Northern Illinois Public Charge Case At the Supreme Court (the first time)

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

Respondents’ motion to lift stay, April 17, 2020

20200417125308170_2020.04.17 Motion to Temporarily Lift or Modify Stay – No. 19A905

US response supporting stay, April 23, 2020

20200423125003032_19A905 Govt oppn to Cook County motion FILE

Supreme Court order denying motion to lift stay, April 24, 2020

042420zr1_c18e

For cert petition, No. 20-450, see below

 

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)

Plaintiffs’ letter re briefing deadline, April 30, 2020

Pltf rq briefing DL

05/01/2020 113 PAPERLESS ORDER re 112 Correspondence regarding Motion to Dismiss briefing schedule. I have reviewed Plaintiffs’ request and agree that the Motion to Dismiss should be filed prior to July 1, 2020. I am inclined to accept Plaintiffs’ proposal that the Motion to Dismiss should be due on May 20, 2020. However, if Defendants relied on this Court’s Standing Order 2020-07 issued on April 10, 2020, such that it is not feasible to file the Motion to Dismiss by May 20, 2020, the parties are directed to confer and propose a reasonable brief extension past May 20, 2020 for the motion to be due. If the parties cannot agree they should notify the Court with their proposals. The parties should submit a status report on the above by May 6, 2020. Signed by Judge Paul W. Grimm on 5/1/2020. (pk3s, Chambers) (Entered: 05/01/2020)

Parties’ proposed schedule, May 5, 2020

Parties’ proposed schedule

05/06/2020 115 PAPERLESS ORDER APPROVING 114 Briefing Schedule. Defendants will file a consolidated motion of 35 pages or less, to dismiss both cases by May 27, 2020. Plaintiffs will file a consolidated opposition brief of 35 pages or less, or, in the alternative, separate opposition briefs totaling 35 pages or less (provided that Plaintiffs provide notice to Defendants by June 10, 2020) by June 24, 2020. Defendants will file a consolidated reply brief of 20 pages or less, or, in the alternative, separate reply briefs totaling 20 pages or less by July 8, 2020. Signed by Judge Paul W. Grimm on 5/6/2020. (pk3s, Chambers) (Entered: 05/06/2020)

US motion to dismiss, May 27, 2020

US motion to dismiss 5 27 20

Seventh Circuit opinion, June 10, 2020

7C opinion

Plaintiffs additional authority (Seventh Circuit), June 11, 2020

Pltf addl auth (Cook Co)

US response to additional authority (Seventh Circuit), June 16, 2020

4C US 28j response Cook County

Discovery scheduling order, June 23, 2020

22176109-0–23169

Opposition to US motion to dismiss, June 24, 2020

CdM pltf op to mo dism

US reply supporting motion to dismiss, July 8, 2020

US reply mo dism

Fourth Circuit opinion, August 5, 2020

4C opinion

08/07/2020 120 PAPERLESS ORDER. In light of the Fourth Circuit’s judgment in this case, ECF No. 119, the parties in 19-cv-2715 and 19-cv-2851 are directed to supplement their motion to dismiss briefing. The supplements should address the Fourth Circuit’s judgment and any other relevant authority that developed after the motion to dismiss briefs were filed. Defendants’ consolidated supplement will be due August 21, 2020. Plaintiffs’ consolidated response will be due September 4, 2020. Defendants’ consolidated reply will be due September 14, 2020. Defendants’ supplement and Plaintiffs’ response should be 10 pages or less excluding any exhibits. The Defendants’ reply should be 5 pages or less excluding any exhibits. Signed by Judge Paul W. Grimm on 8/7/2020. (pk3s, Chambers) (Entered: 08/07/2020)

US supplemental memorandum supporting motion to dismiss, August 21, 2020

US supplemental memo mo dism

Plaintiffs’ supplemental memorandum opposing motion to dismiss, September 4, 2020

pltf supp op mo dism

US reply supporting motion to dismiss, September 14, 2020

US reply dism related

Public Citizen amicus, September 17, 2020

4C Public Citizen amicus

National Fair Housing Alliance amicus, September 18, 2020

4C Natl F H Alliance amicus

US House amicus, September 18, 2020

4C US House amicus

PETA amicus, September 21, 2020

4C PETA rheb amicus

NAACP amicus, September 21, 2020

4C NAACP rheb amicus

Order for response, September 22, 2020

4C order for rheb response

US unopposed motion for extension to file response, September 24, 2020

4C US unop xt rheb resp

US response to petition for rehearing en banc, October 16, 2020

4C US rheb response

Plaintiffs’ notice to Fourth Circuit of additional authority (Ninth Circuit), December 2, 2020

4C pltf supp auth 9C

Order for en banc review, December 3, 2020

4C order for en banc review

Plaintiffs’ notice to district court of additional authority (Ninth Circuit), December 4, 2020

CdM notice addl auth (9C)

Baltimore cert extension request, December 5, 2020

20201205141325201_Second Extension Request

US opposition to cert extension, December 7, 2020

20201207114306497_LETTER 20-454

Dec 08 2020

Motion to extend the time to file a response is granted in part; the time is further extended to and including December 14, 2020.

US letter waiving restrictions on distribution, December 8, 2020

20201208134940857_letter 20-454 Azar v Mayor and City Council of Baltimore

US motion to postpone Fourth Circuit en banc oral argument, December 10, 2020

4C US rq postp rheb oral argument

Order requesting response from plaintiffs, December 11, 2020

4C rq to pltfs re resched oa

Order rescheduling oral argument, December 14, 2020

4C order postponing argument etc

Order for supplemental briefing, December 14, 2020

4C supp br order

NAACP motion to have amicus briefs considered on the merits, December 16, 2020

4C NAACP mo consider amicus

US supplemental brief, January 4, 2021

4C US opening supp br

Deans, Chairs, Scholars amicus, January 8, 2021

4Ceb amicus

Plaintiffs’ supplemental brief, January 25, 2021

4C2 CdM supplemental brief 1 25 21

Fourth Circuit oral argument calendaring notice, January 27, 2021

4C OA calendaring notice 1 27 21

US House request participate oral argument, February 1, 2021

4C House mo participate oa

US notice re executive order, February 3, 2021

US notice re executive order 2 3 21

02/04/2021 136  PAPERLESS ORDER approving notice filed by Defendants [ECF No. 135]; the parties shall confer and submit a joint status report by 2/19/21 addressing the issues raised by Defendants. Signed by Judge Paul W. Grimm on 2/4/2021. (jc6s, Chambers) (Entered: 02/04/2021)

US Fourth Circuit reply brief, February 5, 2021

4C US reply brief 2 5 21

Fourth Circuit order granting US House oral argument time, February 10, 2021

4C order granting House OA

Fourth Circuit order requesting response to US suggestion that oral argument be postponed, February 11, 2021

4C rq pltf response OA suggestion

Plaintiffs’ response re postponement, with e-mail exchange, February 17, 2021

4C pltf resp postpone OA

Joint status report, February 19, 2021

CDM joint status 2 19 21

Fourth Circuit order taking case off calendar, February 24, 2021

4C order off OA calendar 2 24 21

Trial court order denying motion to dismiss without prejudice, March 1, 2021

CdM order denying motion to dismiss w o prejudice

US motion to dismiss Fourth Circuit appeal, March 9, 2021

4C US mo dism appeal 3 9 21

US trial-level notice re dismissal of petitions, effect of Cook County case, and current policy, March 10, 2021

CdM US notice re dism petitions 3 10 21

Fourth Circuit order dismissing appeal, March 11, 2021

4C order dismissing appeal

Fourth Circuit mandate, March 11, 2021

4C mandate

Texas motion to intervene to recall mandate, March 11, 2021

4C TX mo interv recall mandate 3 11 21

Texas motion to reconsider or rehear motion to dismiss appeal, March 11, 2021

4C TX mo reconsider order dismissing appeal 3 11 21

Texas motion to intervene as defendant-appellant, March 11, 2021

4C TX mo interv 3 11 21

03/16/2021 142  PAPERLESS ORDER re 139 Notice. In light of Defendants’ filing at ECF No. 139 and docket entries 140 and 141, Plaintiffs are directed to provide the Court with their view of this case’s current procedural posture. By 3/31/21, Plaintiffs shall submit to the Court a letter, three pages single spaced or less, with this information. Signed by Judge Paul W. Grimm on 3/16/2021. (jc6s, Chambers) (Entered: 03/16/2021)

Fourth Circuit order denying motions, March 18, 2021

4C interv motions denial order 3 18

Plaintiffs’ status report, March 31, 2021

CdM status report 3 31 21

04/06/2021 144  PAPERLESS ORDER thanking counsel for letter re: procedural posture 143 and ordering status reports every 60 days regarding the Supreme Court’s resolution of the States’ application and the Parties’ ability to resolve this case. Signed by Judge Paul W. Grimm on 4/6/2021. (jc6s, Chambers) (Entered: 04/06/2021)

Southern New York

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

For the first U.S. Supreme Court case, No. 19A785, see below

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

Copy of Supreme Court motion to lift stay, April 16, 2020

2C pltf note re USC motion

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

US notice of Supreme Court filing, April 20, 2020

2C US USC response to motion to lift stay

Plaintiffs’ letter re scheduling oral argument, April 28, 2020

merged_90728_-1-1588167172

US letter re postponing oral argument, April 28, 2020

file0.597994415593472

Motion for preliminary injunction, memo, list of declarations, April 28, 2020

file0.779996064529893

file0.796238811259297

file0.189871336604607

[Declarations]

file0.0146685026503626

file0.445454115552035

file0.569899155796644

file0.796219267222238

file0.750791185340983

file0.501404747405228

file0.700355433431593

file0.971645215098885

file0.221848037830693

file0.436481578546715

file0.396843123520863

file0.356578000161004

file0.274144729404849

file0.318366880799783

file0.776790882731927

file0.335739654527185

file0.341729476387751

file0.561499187062633

file0.719337432450754

file0.495419231514585

file0.81389748448613

file0.363651477071596

file0.197822054420737

file0.0757164431653443

file0.554570120564801

file0.778028670736727

file0.39712816410805

Motion to expedite, April 28, 2020

file0.940113675120426

Opposition to motion to expedite, April 29, 2020

file0.77318065407793

Reply supporting expediting, April 30, 2020

file0.0477994366466525

Scheduling order, April 30, 2020

file0.57380388494688

Immigration Reform Law Institute amicus, May 12, 2020

merged_93635_-1-1589375812

US opposition to preliminary injunction, with declaration, May 12, 2020

file0.985773661910695

file0.057556062975106

Letter and additional authority from plaintiffs re discovery, May 13, 2020

merged_56780_-1-1589462751

Letter from plaintiffs re oral argument order of presentation, May 13, 2020

file0.588748079530102

Letter from defendants re SNAP, May 13, 2020

file0.734379050127369

Order re oral argument, May 14, 2020

file0.730054804162261

Plaintiffs’ reply supporting preliminary injunction, May 15, 2020

file0.429763247297284

Plaintiffs’ additional authority (Cook County), May 21, 2020

merged_87476_-1-1590154075

Plaintiffs’ additional authority (Seventh Circuit), June 15, 2020

merged_28565_-1-1592313734

Plaintiffs’ additional authority (Seventh Circuit), June 15, 2020

2C addl auth cook co

US response to additional authority (Seventh Circuit), June 17, 2020

2C US addl auth resp

US district court response to additional authority (Seventh Circuit), June 19, 2020

file0.911237082948116

US supplemental authority notice (DACA equal protection), June 26, 2020

file0.941190472376672

Plaintiffs’ response to US supplemental authority notice (DACA), June 30, 2020

pltf addl auth (DACA)

Memorandum Decision and Order, July 29, 2020

file0.586758851810497

Notice of interlocutory appeal, August 3, 2020

file0.155050178329599

Motion for stay pending appeal, August 3, 2020

24384179-0–19351

Memorandum supporting stay pending appeal, August 3, 2020

file0.909843281881091

Second Circuit opinion, August 4, 2020

2C opinion public charge

US notice of supplemental authority (Second Circuit), August 4, 2020

file0.0524298744659397

Second appeal # 20-2537

Plaintiffs’ opposition to motion for stay, August 5, 2020

file0.316374549447698

US waiver of right to reply, August 6, 2020

file0.609240331026864

Letter from plaintiffs re relationship of 2 injunctions, August 6, 2020

2C pltf letter 2 inj

US motion for stay in second case, August 7, 2020

2C2 US motion for stay 8 7 20

Letter opposition to administrative stay in second case, August 7, 2020

2C pltf op admin stay

US request for additional time to answer, August 10, 2020

file0.363280166211677

Order staying most of preliminary injunction, August 12, 2020

2C2 partial stay

Click to access 2c2-partial-stay.pdf

City opposition to stay, August 17, 2020

2C City stay op

Make the Road New York opposition to stay, August 17, 2020

2C Make the Road NY stay op

US reply supporting stay, August 19, 2020

2C US stay reply

Plaintiffs’ request for discovery conference, August 25, 2020

merged_97362_-1-1598447450

Defendants’ opposition to discovery conference, August 27, 2020

file0.760934261177805-1

Referral to magistrate, August 27, 2020

24512526-0–23447

Plaintiffs’ letter re discovery summary judgment, September 4, 2020

file0.667796538249728

US notice re seeking stay in U.S. Supreme Court if no decision on stay by 9/14, September 8, 2020

2C US letter re seeking stay from USC

Second Circuit notice of brief due date (9/28), September 9, 2020

2C notice briefing due date

Order granting stay, September 11, 2020

file0.0555906175087664

US response re privilege log, September 17, 2020

file0.868903441625786

Plaintiffs’ privilege log reply letter, September 22, 2020

merged_34049_-1-1600866616

Letter motion to file amended complaints, September 24, 2020

merged_32689_-1-1601040230

Unopposed letter request for extension of time to answer, September 24, 2020

file0.500554621257958

US brief, September 28, 2020

2C US brief 9 28 20

Corrected US brief, September 30, 2020

2C2 US corrected brief

Magistrate order allowing discovery on equal protection claim, September 30, 2020

6584696-0–25895 24688982-0–36015

Second Circuit order denying amicus request as moot, October 1, 2020

2C order denying ilri amicus mo as moot

Amended complaint, October 2, 2020

24704583-0–28335

ILRI amicus reapplication for leave, October 5, 2020

2C ILRI amicus reap

US brief, October 6, 2020

2C2 US brief

US cert petition, No. 20-449, October 7, 2020

20201007163010954_2020-10-07 – DHS v. New York Petition

Plaintiffs’ motion for clarification of stay order, October 22, 2020

2C pltf mo clarific

Plaintiffs’ motion for extension to respond to cert petition, October 23, 2020

20201023115815516_Letter from J.Hurwitz

Order on privilege log issues, October 23, 2020

24816982-0–47194

Motion for summary judgment, October 27, 2020

24832501-0–11826

Memorandum in support

24832677-0–14413

Declarations

24832668-0–15969

24832668-1–48060

24832668-2–49983

24832668-3–51212

24832668-4–52023

24832668-5–53470

24832668-6–54477

24832668-7–55308

24832668-8–55982

24832668-9–56944

24832668-10–58090

24832668-11–2120

24832668-12–3197

24832668-13–3935

24832668-14–4791

24832668-15–5811

24832668-16–6760

24832668-17–8171

24832668-18–9358

24832668-19–10625

24832668-20–11827

Rule 56.1 statement

24832692-0–14953

US opposition to motion for clarification, November 2, 2020

2C US op to clarif mo

Constitutional Accountability Center amicus, November 3, 2020

6820745-0–25690 merged_30217_-1-1604500262

Second Circuit order denying clarification, November 6, 2020

2C order denying clarification

US motion to dismiss vacancy claims, November 17, 2020

24943877-0–49840

US summary judgment opposition/memo supporting motion to dismiss, November 17, 2020

24943885-0–54006

Blackwell declaration, with exhibits

merged_8012_-1-1605675778

Swartz declaration, with exhibits

merged_80904_-1-1605675869

US response to plaintiffs’ Rule 56.1 statement, November 17, 2020

24943922-0–54645

New York request for second extension of time to respond to cert, November 20, 2020

20201120140025092_20-449 Govt Resps Letter Extension Request

Make the Road New York request for second extension of time to respond to cert, November 20, 2020

20201120141024703_Letter Extension

US opposition to second extension, November 20, 2020

20201120154358325_Extension Letter 20-499 merits

Nov 27 2020 The motions to further extend the time to file responses to the petition for a writ of certiorari are DENIED.

Joint status report on discovery, with exhibits A-C, December 2, 2020

25019322-0–99733

25019322-1–103708

25019322-2–104515

25019322-3–105179

Make the Road New York cert opposition, December 9, 2020

20201209151847004_20-449BriefInOppositionForRespondents

New York cert opposition, December 9, 2020

20201209201237825_20-449 Govt Resps Brief in Opposition

Plaintiffs’ summary judgment reply/motion to dismiss opposition, December 10, 2020

25068562-0–32137

Corrected version, December 11, 2020

merged_46261_-1-1607791187-1

US reply supporting partial motion to dismiss, December 18, 2020

25116709-0–6776

US cert reply, December 23, 2020

20201223154121710_20-449 DHS v. New York Cert Reply

Dec 23 2020 DISTRIBUTED for Conference of 1/8/2021.

California counties amicus, January 4, 2021

2C2 Calif counties amicus

Plaintiffs’ notice of additional authority, January 14, 2021 (Pangea)

merged_75511_-1-1610732089

Notice re change in Wolf status, January 19, 2021

merged_4753_-1-1611195673

US reply brief, January 19, 2021

2C2 US reply brief 1 19 21

US response to plaintiffs’ notice of additional authority (Pangea), January 25, 2021

25293078-0–14901

Government plaintiffs’ appellee brief, January 25, 2021

2C2 govt appellees brief

Plaintiffs’ notice re Wolf arguments, January 26, 2021

25302065-0–130793

Defendants’ letter re Biden executive order, February 3, 2021

25342090-0–130599

Plaintiffs’ letter to Second Circuit re Biden executive order, February 10, 2021

2C pltf letter re executive order

Feb 12 2021 DISTRIBUTED for Conference of 2/19/2021.

Joint status report letter, February 19, 2021

25436093-0–102864

CERT GRANTED

District court stay (?) order, February 22, 2021

25443098-0–91649

   
Feb 22 2021 Petition GRANTED.
   
   
   
   

Letter from plaintiffs, February 24, 2021

25455252-0–115092

Court notice of pre-settlement-conference scheduling call, February 25, 2021

25467695-0–66674

Stipulation to dismiss petition, March 9, 2021

20210309101553454_20-0449 – DHS v New York Dismissal Stipulation

Mar 09 2021 Petition Dismissed – Rule 46.

US notice re dismissal of petitions, status of Cook County order, reinstatement of 1999 policy, March 10, 2021

merged_62432_-1-1615481371

Parties’ letter re postponing status conference, March 10, 2021

25535507-0–115959

Magistrate’s endorsement of postponing status conference, March 10, 2021

25536295-0–118673

Stay order, March 11, 2021

25541078-0–111627

Stipulations to withdraw appeals, March 15, 2021

2C stip to dismiss NY 3 15

2C stips to dismiss 3 15

2C stips to withdraw 3 15

Order re withdrawal of appeals, March 17, 2021

2C order dismissing appeals 3 17 21

Joint status report, March 25, 2021

25620430-0–113513

Scheduling order, March 26, 2021

25630318-0–115028

Parties’ letter to court, May 21, 2021

file0.283508923874376

Stay extension order, May 24, 2021

file0.47229091337989

Stay extension order, August 23, 2021

continued stay endorsement 8 23

 

The New York Public Charge Case At the Supreme Court (the first time)

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

New York motion to lift stay, April 13, 2020

20200413153014307_19A785 Motion to Temporarily Lift or Modify Stay

Apr 17 2020 Response to motion requested, due Monday, April 20, by noon.

US response, April 20, 2020

20200420112112348_19A785 Govt oppn to NY motion FILE

Immigration Law Reform Institute motion to file amicus, April 20, 2020

20200420132042768_IRLI Pub Charge Stay Amicus 2d

New York reply supporting motion, April 22, 2020

20200422120214473_19A785 Reply on Motion to Temporarily Lift or Modify Stay

Denial order, April 24, 2020

042420zr1_c18e

 

Batalla Vidal materials, No. 1:16-cv-4756 (E.D. N.Y.)

Order re Chad Wolf, Nov. 14, 2020
 

Motion for partial summary judgment, Nov. 24, 2020

Batalla Vidal psj mo

Batalla Vidal psj ms

Batalla Vidal psj decs  (List)

US partial summary judgment opposition, Dec. 1, 2020

Batalla Vidal US psj op

12/03/2020   Plaintiffs’ motion for leave to file a reply is GRANTED. Plaintiffs are DIRECTED to file their reply and to update the court on the status of discussions with the Government by Friday, December 4, 2020 at 12:00 pm. Ordered by Judge Nicholas G. Garaufis on 12/3/2020. (Lazarus, Benjamin) (Entered: 12/03/2020)

Plaintiffs’ reply, 12/4

Batalla Vidal pltf sj reply 12 4 20

US account of settlement discussions, 12/4

Batalla Vidal parties discussions

Summary judgment order, December 4, 2020

Batalla Vidal SJ order

US notice re posting notice, December 7, 2020

US notice re notice

Deferred Action for Childhood Arrivals: Response to December 4, 2020, Order in Batalla Vidal, et al. v. Wolf, et al., 16-CV-4756 (NGG) (VMS) (E.D.N.Y.) and State of New York, et al. v. Trump, et al., 17-CV-5228 (NGG) (VMS) (E.D.N.Y.).
 

Notice revisions, joint status report, website update notice, December 9, 2020

Batalla Vidal replacement notice language order

Batalla Vidal joint status 12 9 20

Batalla Vidal website info

Order re notice, December 10, 2020

Batalla Vidal further order re notices 12 10 20

New York Second Circuit brief, December 28, 2020

2C2 NY brief

Make the Road New York Second Circuit brief, December 28, 2020

2C2 Make the Road New York brief

Status report, January 4, 2021

Batalla Vidal status report 1 4 21

US letter re individualized notice going out, January 7, 2021

Batalla Vidal US letter re indiv notices 1 7 21

Homeland Security notices re succession, January 14, 2021

Notice of succession

US notice re Vacancies Act, January 19, 2021

US notice re Vacancies Act 1 19 21

US notice re DACA, January 21, 2021

US notice of DACA memo

 

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)

Defendants’ response to administrative record, April 14, 2020

US response to pltf notice

Order granting motion to compel discovery, April 17, 2020

Order granting compel discovery mo

Parties’ scheduling proposal, May 1, 2020

Parties’ scheduling proposal

US motion to stay, motion to expedite, May 5, 2020

US mo stay record

US mo expedite stay

05/05/2020 215 TEXT-ONLY ORDER (no PDF shall issue) GRANTING IN PART and DENYING IN PART DHS’s Motion to Expedite, ECF No. 214 . DHS’s Motion to Stay, ECF No. 213 , is reset for hearing on the issue of the privilege log on May 12, 2020. Any response from the States regarding the Motion to Stay, ECF No. 213 , as it relates to the privilege log, shall be filed by May 11, 2020. However, the Court does not find good cause to expedite hearing of the Motion to Stay, ECF No. 213 , with respect to discovery on Plaintiffs’ equal protection claim. Therefore, the remaining portion of the Motion to Stay, ECF No. 213, shall be heard according to the standard timeframe prescribed by LCivR7 on June 4, 2020. Signed by Judge Rosanna Malouf Peterson. (MS, Judicial Assistant) (Entered: 05/05/2020)

Plaintiffs’ opposition to stay, plus declaration, May 11, 2020

Op to motion to stay

Op to motion to stay declaration

Reply supporting stay, May 12, 2020

reply supporting stay

Order on discovery and privilege log, May 13, 2020

discovery and priv log order

Opposition to motion to stay discovery, May 18, 2020

pltf op mo stay discovery

US motion to dismiss amended complaint, May 22, 2020

US mo dism amended cplt

US reply supporting motion to stay discovery, May 26, 2020

US reply supporting stay 5 26

Order denying stay of discovery, June 4, 2020

order denying discovery stay

US report re discovery, June 12, 2020

WAvT record report 6 12 20

Plaintiffs’ opposition to motion to dismiss amended complaint, June 12, 2020

WAvT pltf op mo dism

US reply supporting motion to dismiss, June 26, 2020

US reply m dism

US discovery status report, June 26, 2020

US discovery status report 6 26

US discovery status report, July 10, 2020

US 7 10 20 report

US discovery status report, July 24, 2020

US discovery report 7 24 20

Plaintiffs’ supplemental authority (New York), July 31, 2020

pltf supp auth (NY)

House motion to argue, August 4, 2020

9C US House mo to argue

US notice of additional authority (Second Circuit, Fourth Circuit), August 6, 2020

US notice addl auth (2C 4C)

Discovery report, August 7, 2020

19513881601

Order granting House motion to argue, August 11, 2020

9C House participate OA order

US notice of additional authorities (ND Cal), August 14, 2020

US notice addl auth 8 14 20

US discovery status report, August 21, 2020

discovery report 8 21 20

US discovery status report, September 4, 2020

US discovery report 9 4 20

Order partly granting and partly denying US motion to dismiss, September 14, 2020

Partial grant US mo dism

Discovery status report, September 18, 2020

discovery status 9 18 20

Discovery status report, October 2, 2020

Privelege log update report 10 2

US motion for reconsideration, October 8, 2020

US recon mo 10 8 20

Plaintiffs’ motion to compel production of deliberative process documents, October 14, 2020

WA mo compel

Sprung declaration, October 14, 2020

WA compel dec

US discovery status report, October 16, 2020

WA US progress report 10 16 20

Plaintiffs’ opposition to US motion for reconsideration, with declaration, October 21, 2020

Pltf op to recon

Hardy dec w x

US opposition to motion to compel, October 28, 2020

US op mo compel

Kolsky affidavit, October 28, 2020

Kolsky affidavit supporting opposition

US reply supporting motion for reconsideration, October 28, 2020

US reply recon

US discovery status report, October 30, 2020

Discovery report 10 30 20

Reply supporting motion to compel, November 4, 2020

pltf mo compel reply

US discovery status report, November 13, 2020

privilege log report 11 13 20

US discovery status report, November 27, 2020

Discovery log 11 27 20

Answer, November 27, 2020

US Answer 11 27 20

Discovery status report, December 11, 2020

Discovery report 12 11 20

Stipulated protective order, December 17, 2020

stipulated protective order

US notice of supplemental authority (Cook County, re deliberative process privilege), December 18, 2020

US notice supp auth (deliberative process)

Ninth Circuit stay pending disposition of cert, January 20, 2021

9C stay pending cert dispo

Order denying reconsideration, February 1, 2021

WAvT order denying recon

US notice re executive order, February 3, 2021

WAvT notice re executive order

02/05/2021 286  TEXT-ONLY ORDER (no PDF shall issue) regarding the U.S. Department of Homeland Security (DHS) Defendants’ Notice, ECF No. 284. The parties shall file a joint status report by February 19, 2021. In that report, in addition to the status update contemplated by DHS Defendants’ Notice, the parties shall indicate to the Court whether they are ready to proceed to a trial scheduling conference. This text-only entry constitutes the Court ruling on this matter. Signed by Judge Rosanna Malouf Peterson. (MS, Judicial Assistant) (Entered: 02/05/2021)

Joint status report, February 19, 2021

Wash joint status report 2 19 21

02/22/2021 289  TEXT-ONLY ORDER (no PDF shall issue). Having reviewed the parties’ Joint Status Report at ECF No. 287 , IT IS ORDERED that the parties shall file a follow-up Joint Status Report by February 24, 2021, indicating the Plaintiff States’ position regarding the stay proposed by the DHS Defendants as well as the parties’ joint position regarding whether they request a trial scheduling conference in this matter. This text-only entry constitutes the Court’s ruling on this matter. Case Management Deadline set for February 24, 2021. Signed by Judge Rosanna Malouf Peterson. (MS, Judicial Assistant) (Entered: 02/22/2021)

Joint status report, February 24, 2021

WAvT second joint status 2 24 21

03/03/2021 291  TEXT-ONLY ORDER (no PDF shall issue). Having reviewed the Joint Status Report at ECF No. 290 , the Court finds that a 2-week stay of this matter from the date of the status report is warranted to allow the DHS Defendants to concentrate their resources on the review required by Executive Order 14012 (Feb. 2, 2021). Accordingly, this matter is stayed until March 10, 2021. The Court clarifies that the DHS Defendants’ obligation to file a status report regarding their progress toward completion of a privilege log, see ECF No. 219 at 6, is stayed through March 10, 2021, along with all other deadlines in this case. On March 11, 2021, the parties shall file a joint status report. This text-only entry constitutes the Court’s ruling on this matter. Case Management Deadline set for March 12, 2021. Signed by Judge Rosanna Malouf Peterson. (MS, Judicial Assistant) (Entered: 03/03/2021)

US notice re dismissals of petitions, effect of Cook County case, and current policy, March 10, 2021

WAvT US notice re dismissals 3 10 21

Joint status report, March 11, 2021

WAvT joint status 3 11 21

03/11/2021 294  TEXT-ONLY ORDER (no PDF shall issue). Having reviewed the Joint Status Report at ECF No. 293 , the Court grants the parties’ joint request to extend the stay in this matter for thirty days. Accordingly, this matter is stayed until April 12, 2021. The parties shall file a joint status report by April 12, 2021, and shall indicate in that report whether they are ready to proceed to a trial scheduling conference. This text-only entry constitutes the Court’s ruling on this matter. Case Management Deadline set for April 13, 2021. Signed by Judge Rosanna Malouf Peterson. (MS, Judicial Assistant) (Entered: 03/11/2021)

Joint status report, 4 12 21

WAvT joint status 4 12 21

04/14/2021  

TEXT-ONLY ORDER (no PDF shall issue). Having reviewed the Joint Status Report at ECF No. 297 , the Court grants the parties’ joint request to extend the stay in this matter. Accordingly, this matter is stayed until April 26, 2021. The parties shall file a joint status report by April 22, 2021, and shall indicate in that report whether they are ready to proceed to a trial scheduling conference. This text-only entry constitutes the Court’s ruling on this matter. Case Management Deadline set for April 26, 2021. Signed by Judge Rosanna Malouf Peterson. (MS, Judicial Assistant) (Entered: 04/14/2021)

Joint status report, April 22, 2021

WAvT joint status 4 22 21

04/23/2021 299  TEXT-ONLY ORDER (no PDF shall issue). Having reviewed the Joint Status Report at ECF No. 298 , the Court grants the parties’ joint request to extend the stay in this matter. Accordingly, this matter shall remain stayed until: (1) the United States Supreme Court rules on the pending Application for Leave to Intervene for a Stay of Judgment Issued by the United States District Court for the Northern District of Illinois, see ECF No. 298 at 2; and (2) the time remaining for the State of Arizona to seek review of the United States Court of Appeals for the Ninth Circuit’s denial of Arizona’s motion to intervene expires, see ECF No. 297 . Once those two events occur, or by July 21, 2021, whichever is earlier, the parties shall file a joint status report and shall indicate in that report whether they are ready to proceed to a trial scheduling conference. In light of the ongoing stay, the Plaintiff States’ Motion to Compel Documents Withheld under Deliberative Process Privilege, ECF No. 255 , is DENIED WITH LEAVE TO RENEW when the stay in this matter is lifted. This text-only entry constitutes the Court’s ruling on this matter. Case Management Deadline set for July 22, 2021. Signed by Judge Rosanna Malouf Peterson. (LTR, Case Administrator) (Entered: 04/23/2021)

 

07/22/2021 302  TEXT-ONLY ORDER (no PDF shall issue). Having reviewed the Joint Status Report at ECF No. 301 , the Court grants the parties’ joint request to extend the stay in this matter. Accordingly, this matter shall remain stayed until: (1) the disposition by the United States Supreme Court of the pending petition for certiorari, see Arizona v. City and County of San Francisco, No. 20-1775, from the United States Court of Appeals for the Ninth Circuit’s denial of intervention, see ECF No. 301 at 2-3; and (2) the expiration of the time for appeal to the Supreme Court of any disposition of the motion to intervene and reopen final judgment by the State of Texas, et al. in the United States District Court for the Northern District of Illinois, see ECF No. 301 at 2. Once those two events occur, or by October 22, 2021, whichever is earlier, the parties shall file a joint status report and shall indicate in that report whether they are ready to proceed to a trial scheduling conference. This text-only entry constitutes the Court’s ruling in this matter. Signed by Judge Rosanna Malouf Peterson. (LMR, Case Administrator) (Entered: 07/22/2021)

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/

Federal Register version, 84 Fed. Reg. 53,991 (Oct. 4, 2019)

2019-22225

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

Notice to Ninth Circuit of class certification order, April 8, 2020

9C notice of addl authority (class cert)

Order on administrative record, April 13, 2020

6960491-0–9256

US response re class certification, April 14, 2020

9C US response to class cert notice

Motion for TRO, April 25, 2020

6973565-0–4144

04/25/2020 136 Scheduling Order by Judge Michael H. Simon. ORDER – Setting a briefing schedule on Plaintiffs’ Motion for Temporary Restraining Order (ECF 135 ) as follows: (1) Defendants shall file a response no later than 5:00 p.m., Pacific time, on Monday, April 27, 2020; (2) Plaintiffs shall file a reply no later than 5:00 p.m., Pacific time, on Tuesday, April 28, 2020; and (3) the Court will hold Telephone Oral Argument at 12:00 noon, Pacific time, on Wednesday, April 29, 2020. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja) (Entered: 04/25/2020)

Opposition to TRO, April 27, 2020

merged_2065_-1-1588079322

Reply supporting TRO, April 28, 2020

6976175-0–26688

Wheeler declaration supporting TRO, April 28, 2020

6976186-0–26735

Immigration Reform Law Institute amicus, April 29, 2020

merged_39423_-1-1588206354

Opinion and order denying TRO, April 29, 2020

6977564-0–30862

Order denying stay pending appeal, May 4, 2020

9C order denying stay

US motion to dismiss, May 29, 2020

7009705-0–23974

US letter supporting expediting, May 29, 2020

9C US letter on expediting

Plaintiffs’ opposition to US motion to dismiss, June 26, 2020

7039656-0–25990

US reply supporting motion to dismiss, July 24, 2020

7073653-0–14691

Plaintiffs’ post-oral-argument letter re buying subsidized policy after entry, September 11, 2020

9C pltf ltr re buying subsidized plan

US response to plaintiffs’ post-oral-argument letter, September 28, 2020

9C US response to pltf post OA

Ninth Circuit opinion, December 31, 2020

9C opinion

Petition for rehearing en banc, January 19, 2021

pet rheb 1 19 21

Ninth Circuit order for response within 21 days, January 20, 2021

9C order for response 1 20 21

NHeLP amicus, January 29, 2021

9C NHeLP rheb amicus 1 29

32 health policy experts amicus, January 29, 2021

9C 32 experts rheb amicus

American Medical Ass’n amicus, January 29, 2021

9C AMA rheb amicus

Immigration Law Professors amicus, January 29, 2021

9C imm law professors rheb amicus

Unopposed US request for extension of time to file en banc response, February 5, 2021

9C US rq xt rheb resp

Order granting extension request

7311378-0–79837

Unopposed US request for second extension of time, April 2, 2021

9C rh us 2d xt

Order granting second request, April 6, 2021

9C proc xt order

Motion for stay at trial court level, April 16, 2021

7397445-0–59722

04/19/2021 159  ORDER – Plaintiff’s Unopposed Motion to Stay Proceedings (ECF 158 ) is GRANTED. This case is stayed until 30 days after the Ninth Circuit’s mandate is issued. Ordered by Judge Michael H. Simon. (mja) (Entered: 04/19/2021)

Plaintiffs’ motion to vacate, June 10, 2021

9C pltf mo vacate

US rehearing en banc response, June 11, 2021

9C US rheb response

US opposition to plaintiffs’ motion to vacate, June 21, 2021

9C US op pltf mo vacate

Plaintiffs’ reply supporting motion to vacate, June 28, 2021

9C pltf mo vacate reply

Order, July 16, 2021

19-36020

 

Make the Road New York v. Pompeo, No. 1:19-cv-11633 (S.D. N.Y.)

Complaint, December 19, 2019

file0.129089287520525

Motion, memo, declarations for preliminary injunction, January 21, 2020

file0.272868871727166

file0.903107205211324

[Declarations]

US letter re scheduling, January 22, 2020

file0.296889527273503

Scheduling order, January 23, 2020

23451831-0–63905

05/18/2020   Minute Entry for proceedings held before Judge George B. Daniels: Oral Argument held on 5/18/2020 re: 53 MOTION to Dismiss . MOTION to Dismiss for Lack of Jurisdiction (Notice of Motion to Dismiss). filed by Donald Trump, Alex Azar, United States Department of State, United States Department of Health & Human Services, Michael Pompeo. Plaintiff Counsel: Ghita Schwarz; Defense Counsel: James Luh and Court Reporter present. (Vega, Elizabeth) (Entered: 05/18/2020)

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

Nationwide injunction in the second Seventh Circuit sanctuary city case

7C Chi v. Barr 2020

 

Proclamation Revocation, May 14, 2021

Proclamation Revocation