Public Charge (disability claims)

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

 

Public Charge

 

Public Charge Rulemaking

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

2018-21106

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

2019-17142

 

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

 

Northern Illinois

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

Complaint, September 23, 2019

21019585-0–29839

TRO/PI motion, September 25, 2019

21030755-0–304

US opposition to preliminary injunction, October 8, 2019

21080869-0–2349

Reply supporting preliminary injunction, October 10, 2019

21093123-0–3614

Hearing set for 1 pm, October 11

US supplemental opposition to preliminary injunction, October 13, 2019

merged_94269_-1-1571059420

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

21100958-0–3699

Preliminary injunction, October 14, 2019

21102449-0–6697

21102455-0–7715

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

16551371-0–3792

21154377-0–6715

21154448-0–7171

21154466-0–7285

Minute order/scheduling, October 30, 2019

21169409-0–4925

26(f) status report, October 30, 2019

21172401-0–7507

Notice of appeal, October 30, 2019

21172452-0–9243

Opposition to motion for stay, November 6, 2019

21200374-0–19308

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

21231591-0–3074

US motion for stay pending appeal, November 15, 2019

7C US motion for stay pending appeal

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

7C order requesting response

 

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

 

Southern New York

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

Complaint, August 20, 2019

Public Charge Southern New York 8.20.2019_complaint_as_filed

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

Complaint, August 27, 2019

file0.478180755666596

 

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

file0.546042152253118

file0.195682490981323

 

ACLU/CPR/NDRN amicus, September 11, 2019

file0.161185321669233

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

file0.218436531295207

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

file0.920163914832425

Scheduling order, September 16, 2019

file0.454002934080687

US preliminary injunction opposition, September 27, 2019

file0.59661240064646

Immigration Reform Law Institute amicus, October 1, 2019

file0.894643155197752

file0.496057978636724

Plaintiffs’ reply, October 4, 2019

file0.754515746413869

Private plaintiffs’ reply, October 4, 2019

file0.302439552304474

Corrected regulation, October 6, 2019

merged_5247_-1-1570454144

States’ proposed order, October 8, 2019

file0.38899024579781

Private plaintiffs’ proposed order, October 8, 2019

file0.884379417673824

US proposed order, October 8, 2019

file0.488711067513702

Preliminary injunction memorandum opinion and order, October 11, 2019

file0.0516057033475015

file0.798986711344821

Motion for stay pending appeal, October 25, 2019

file0.734578397163329

file0.0540944110054049

file0.4929304183844

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

file0.422995383656723

Notice of interlocutory appeal, October 30, 2019

file0.565960061309067

Second Circuit #s 19-3591, 3595

Motion for stay pending appeal, November 15, 2019

2C motion for stay

 

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

 

Health Coverage Proclamation

Health coverage proclamation, October 4, 2019

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

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

Complaint, October 30, 2019

Doe v Trump

Motion for TRO, November 1, 2019

6789095-0–18858

Rubio declaration

6789736-0–2871

Castro declaration

6789739-0–2929

Villarruel declaration

6789742-0–3343

Morales declaration

6789745-0–3733

Blake Doe declaration

6789748-0–3375

John Doe #1 declaration

6789751-0–3437

Jane Doe #2 declaration

6789754-0–3548

Jane Doe #3 declaration

6789757-0–3603

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

Temporary restraining order, November 2, 2019

6789796-0–26759

Class certification motion, November 8, 2019

6797962-0–28039

Manning affidavit

6797965-0–545

Exhibit 1: proclamation

6797965-1–601

Exhibit 2: White House statement

6797965-2–651

Exhibit 3: AIDS United comment

6797965-3–746

Exhibit 4: AMA comment

6797965-4–833

Exhibit 5: Asian & Pacific Islander American Health Forum comment

6797965-5–922

Exhibit 6: Center for Elder Law & Justice comment

6797965-6–992

Exhibit 7: Children’s Health Watch comment

6797965-7–1037

Exhibit 8: Consortium for Citizens with Disabilities comment

6797965-8–1088

Exhibit 9: Covered California comment

6797965-9–1168

Exhibit 10: DC Health Benefit Exchange comment

6797965-10–1228

Exhibit 11: Disability Rights California comment

6797965-11–1298

Exhibit 12: Latino Network comment

6797965-12–1334

Exhibit 13: Legal Aid Society comment

6797965-13–1399

Exhibit 14: Mass Health Connector comment

6797965-14–1491

Exhibit 15: MN Sure comment

6797965-15–1526

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

6797965-16–1556

Exhibit 17: NDRN comments

6797965-17–1627

Exhibit 18: NHeLP comments

6797965-18–28373

Exhibit 19: NILC comments

6797965-19–1771

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

6797965-20–1802

Exhibit 21: Oregon Primary Care Ass’n comments

6797965-21–1841

Exhibit 22: American Occupational Therapy Ass’n comments

6797965-22–1930

Exhibit 23: Virginia Garcia Mem. Health Center comments

6797965-23–1998

Exhibit 24: American Imm. Lawyers Ass’n comments

6797965-24–2050

Exhibit 25: MACPAC report to Congress, March 2018

6797965-25–2090

Exhibit 26: Notice of information collection OMB

6797965-26–28870

Exhibit 27: OMB notice of action

6797965-27–29045

Exhibit 28: Dep’t of State response to comments

6797965-28–29082

 

Motion for preliminary injunction, November 8, 2019

6797971-0–28072

[Declarations]

Jane Doe 3 declaration

6797974-0–2382

Kuck declaration

6797977-0–2471

Jane Doe 2 declaration

6797980-0–2572

Rhoads declaration

6797983-0–2690

Castro declaration

6797986-0–2738

Ramos declaration

6797989-0–2794

Morales declaration

6797992-0–2836

Ku declaration

6797995-0–28757

John Doe 1 declaration

6797998-0–2978

Leuck declaration (CBPP)

6798001-0–28518

Palanker declaration

6798004-0–3028

Castellanos declaration

6798007-0–3073

Rubio declaration

6798010-0–3136

Villarruel declaration

6798013-0–3226

Norris declaration

6798016-0–3310

Butte declaration

6798019-0–3345

Watson-Patko declaration

6798022-0–3372

Pogue declaration (CBPP)

6798025-0–3426

MacEwan declaration

6798028-0–3490

Blake Doe declaration

6798031-0–3517

Dahab declaration

6798034-0–3542

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

6798159-0–15331

6798162-0–15433

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

6799737-0–361

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

6799833-0–427

6799836-0–438

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

6801549-0–21059

Reply supporting production of administrative record, November 14, 2019

6802856-0–6557

Flentje entry of appearance, November 15, 2019

6802969-0–11344

US response re preliminary injunction, November 15, 2019

merged_49001_-1-1573886508

Order re production of record, November 15, 2019

6804390-0–3559

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

6805933-0–5509

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

6807036-0–31588

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

6807061-0–31659

Reply supporting preliminary injunction, November 19, 2019

6807752-0–31705