Order (2018-11-09)

Summary

A proposed temporary restraining order filed November 9, 2018 as Document 8-8 in East Bay Sanctuary Covenant v. Donald J. Trump, Case No. 4:18-cv-06810-JST, in the U.S. District Court for the Northern District of California. It was submitted by counsel for the plaintiffs, East Bay Sanctuary Covenant, Al Otro Lado, Innovation Law Lab and Central American Resource Center in Los Angeles. The proposed order would find a substantial likelihood of success on claims that the Interim Final Rule of November 8, 2018 and the Presidential Proclamation of November 9, 2018 violate the Immigration and Nationality Act and the Administrative Procedure Act. It would enjoin the named federal officials and agencies from enforcing the rule and proclamation pending a preliminary injunction hearing, and order defendants to show cause. The hearing date and signature are left blank.

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          Case 4:18-cv-06810-JST Document 8-8 Filed 11/09/18 Page 1 of 4




 1   Lee Gelernt*                                      Jennifer Chang Newell (SBN 233033)
     Judy Rabinovitz*                                  Cody Wofsy (SBN 294179)
 2   Omar C. Jadwat*                                   Julie Veroff** (SBN 310161)
     Anand Balakrishnan*                               ACLU FOUNDATION
 3   Celso Perez**(SBN 304924)                         IMMIGRANTS’ RIGHTS PROJECT
     ACLU FOUNDATION                                   39 Drumm Street
 4   IMMIGRANTS’ RIGHTS PROJECT                        San Francisco, CA 94111
     125 Broad Street, 18th Floor                      T: (415) 343-0770
 5   New York, NY 10004                                F: (415) 395-0950
     T: (212) 549-2660                                 jnewell@aclu.org
 6   F: (212) 549-2654                                 cwofsy@aclu.org
     lgelernt@aclu.org                                 jveroff@aclu.org
 7   jrabinovitz@aclu.org
     ojadwat@aclu.org
 8   abalakrishnan@aclu.org
     cperez@aclu.org
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     Attorneys for Plaintiffs (Additional counsel listed on following page)
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                                    UNITED STATES DISTRICT COURT
11                                NORTHERN DISTRICT OF CALIFORNIA

12   East Bay Sanctuary Covenant; Al Otro Lado;
     Innovation Law Lab; and Central American               Case No.: 18-cv-06810
13   Resource Center in Los Angeles,

14                  Plaintiffs,
                                                            [PROPOSED ] TEMPORARY
15                  v.                                      RESTRAINING ORDER

16   Donald J. Trump, President of the United States, in    [IMMIGRATION ACTION]
     his official capacity; Matthew G. Whitaker, Acting
17   Attorney General, in his official capacity; U.S.
     Department of Justice; James McHenry, Director
18   of the Executive Office for Immigration Review,
     in his official capacity; the Executive Office for
19   Immigration Review; Kirstjen M. Nielsen,
     Secretary of Homeland Security, in her official
20   capacity; U.S. Department of Homeland Security;
     Lee Francis Cissna, Director of the U.S.
21   Citizenship and Immigration Services, in his
     official capacity; U.S. Citizenship and
22   Immigration Services; Kevin K. McAleenan,
     Commissioner of U.S. Customs and Border
23   Protection, in his official capacity; U.S. Customs
     and Border Protection; Ronald D. Vitiello, Acting
24   Director of Immigration and Customs
     Enforcement, in his official capacity; Immigration
25   and Customs Enforcement,

26                  Defendants.

27

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           Case 4:18-cv-06810-JST Document 8-8 Filed 11/09/18 Page 2 of 4




 1   Melissa Crow*                             Baher Azmy*
     SOUTHERN POVERTY LAW CENTER               Angelo Guisado*
 2   1666 Connecticut Avenue NW, Suite 100     Ghita Schwarz*
     Washington, D.C. 20009                    CENTER FOR CONSTITUTIONAL RIGHTS
 3   T: (202) 355-4471                         666 Broadway, 7th Floor
     F: (404) 221-5857                         New York, NY 10012
 4   melissa.crow@splcenter.org                T: (212) 614-6464
                                               F: (212) 614-6499
 5   Mary Bauer*                               bazmy@ccrjustice.org
     SOUTHERN POVERTY LAW CENTER               aguisado@ccrjustice.org
 6   1000 Preston Avenue                       gschwarz@ccrjustice.org
     Charlottesville, VA 22903
 7   T: (470) 606-9307                         Christine P. Sun (SBN 218701)
     F: (404) 221-5857                         Vasudha Talla (SBN 316219)
 8   mary.bauer@splcenter.org                  AMERICAN CIVIL LIBERTIES UNION
                                               FOUNDATION OF NORTHERN
 9                                             CALIFORNIA, INC.
                                               39 Drumm Street
10                                             San Francisco, CA 94111
                                               T: (415) 621-2493
11                                             F: (415) 255-8437
                                               csun@aclunc.org
12   Attorneys for Plaintiffs                  vtalla@aclunc.org
13   *Pro hac vice application forthcoming
     **Application for admission forthcoming
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           Case 4:18-cv-06810-JST Document 8-8 Filed 11/09/18 Page 3 of 4




 1          Plaintiffs’ application for a Temporary Restraining Order came before this Court for

 2   consideration on November __, 2018. Upon consideration of the application, and for good cause
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     shown, IT IS HEREBY ORDERED as follows:
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                                        Temporary Restraining Order
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            The Court finds that Plaintiffs have demonstrated a substantial likelihood of success on the
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     merits of their claims that Defendants’ Interim Final Rule of November 8, 2018, and Presidential
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 8   Proclamation of November 9, 2018, are in violation of (1) the Immigration and Nationality Act, and

 9   (2) the Administrative Procedure Act. The Court further finds that Defendants’ conduct as alleged
10   above has caused and, absent the requested relief, will continue to cause irreparable harm to
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     Plaintiffs. The balance of hardships tips sharply in Plaintiffs’ favor, and the public interest will be
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     served by the injunction.
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            Accordingly, IT IS HEREBY ORDERED that, pending a hearing on whether a preliminary
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15   injunction should issue, Defendants Donald J. Trump, President of the United States, in his official

16   capacity; Matthew G. Whitaker, Acting Attorney General, in his official capacity; U.S. Department

17   of Justice; James McHenry, Director of the Executive Office for Immigration Review, in his official
18   capacity; the Executive Office for Immigration Review; Kirstjen M. Nielsen, Secretary of Homeland
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     Security, in her official capacity; U.S. Department of Homeland Security; Lee Francis Cissna,
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     Director of the U.S. Citizenship and Immigration Services, in his official capacity; U.S. Citizenship
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     and Immigration Services; Kevin K. McAleenan, Commissioner of U.S. Customs and Border
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23   Protection, in his official capacity; U.S. Customs and Border Protection; Ronald D. Vitiello, Acting

24   Director of Immigration and Customs Enforcement, in his official capacity; and Immigration and

25   Customs Enforcement, and all persons acting under their direction, are enjoined from implementing
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     or enforcing the Interim Final Rule and Presidential Proclamation.
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                                                  1
                           [PROPOSED] TEMPORARY RESTRAINING ORDER
                                       Case No. 3:18-cv-06810
          Case 4:18-cv-06810-JST Document 8-8 Filed 11/09/18 Page 4 of 4




 1                                         Order to Show Cause

 2          Defendants are ordered to show cause before this Court why a preliminary injunction should
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     not issue enjoining Defendants and their agents from implementing or enforcing the Interim Final
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     Rule and Presidential Proclamation. The hearing on the order to show cause will be held on
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     _________________ at ____________________.
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 7   Plaintiffs’ moving papers shall be filed and served on or before ________________________.
 8   Defendants’ opposition papers shall be filed and served on or before _______________________.
 9   Plaintiffs’ reply papers shall be filed and served on or before ________________________.
10   Issued this ____ day of ________________________, 2018.
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12                                                              ________________________
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14                                                              United States District Judge
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                                                2
                         [PROPOSED] TEMPORARY RESTRAINING ORDER
                                     Case No. 3:18-cv-06810


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