Exhibit A, Proposed Order Granting Plaintiff's Motion for Preliminary Injunction — Noerand v. DeVos (Doc. 2-1)

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Exhibit A to Doc. 2-1 in Noerand v. DeVos, No. 1:20-cv-11271, U.S. District Court for the District of Massachusetts, filed July 6, 2020. It is a proposed order granting the plaintiff Farah Noerand's motion for preliminary injunction against enforcement of the Interim Final Rule titled "Eligibility of Students at Institutions of Higher Education for Funds under the Coronavirus Aid, Relief, and Economic Security (CARES) Act". The proposed order would enjoin the defendant from enforcing that rule as to any institution of higher education in the Commonwealth of Massachusetts until further order of the Court. It would also enjoin enforcement of any eligibility requirement under CARES Act § 18004(c) requiring that students be U.S. citizens or legal permanent residents.

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Case 1:20-cv-11271-LTS Document 2-1 Filed 07/06/20 Page 1 of 3




                         Exhibit A
          Case 1:20-cv-11271-LTS Document 2-1 Filed 07/06/20 Page 2 of 3




                            UNITED STATES DISTRICT COURT
                             DISTRICT OF MASSACHUSETTS



  FARAH NOERAND,

          Plaintiff,
                                                                   No. 1:20-cv-11271
  v.

  BETSY DEVOS, in her official capacity as
  Secretary of the United States Department of
  Education,

  And

  THE UNITED STATES DEPARTMENT OF
  EDUCATION

          Defendants.



   [PROPOSED] ORDER GRANTING PLAINTIFF’S MOTION FOR PRELIMINARY
                           INJUNCTION

        Before the Court is the Motion for Preliminary Injunction of Plaintiff Farah Noerand to

enjoin Defendant from enforcing the “Eligibility of Students at Institutions of Higher Education

for Funds under the Coronavirus Aid, Relief, and Economic Security (CARES) Act” Interim

Final Rule (the “IFR”).

        Having reviewed the submissions of the parties and the arguments of counsel, the Court

finds that Plaintiff has demonstrated (1) a substantial likelihood of success on the merits in

seeking to set aside the IFR, (2) that she would be irreparably harmed in the event that the IFR

were to continue to be enforced, (3) that the balance of equities and the public interest favors

issuance of the injunction requested by Plaintiff. Accordingly, it is hereby ordered:




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     Case 1:20-cv-11271-LTS Document 2-1 Filed 07/06/20 Page 3 of 3




(1) Defendant, together with its officers, agents, servants, employees, and attorneys, and all

   persons acting in concert with the Defendant or its officers, agents, servants, employees,

   or attorneys, shall be and hereby are enjoined from enforcing the IFR as to any institution

   of higher education in the Commonwealth of Massachusetts until further order of this

   Court.

(2) Defendant, together with its officers, agents, servants, employees, and attorneys, and all

   persons acting in concert with the Defendant or its officers, agents, servants, employees,

   or attorneys, shall be and hereby are enjoined from enforcing any eligibility requirement

   for emergency financial aid grants to students under CARES Act, § 18004(c) requiring

   that such students be U.S. citizens or legal permanent residents, as to any institution of

   higher education in the Commonwealth of Massachusetts until further order of this Court.



   IT IS SO ORDERED this ___ day of ____, 2020.




   B5152396.2                                2


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