United States of America v. State of California et al

Filing 110

MOTION for LEAVE to FILE AMICI CURIAE BRIEF by City of New York (and associated parties). Attorney Holtzman, Jonathan Victor added. Motion Hearing set for 6/20/2018 at 10:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Attachments: # 1 Opposition, # 2 Proposed Order)(Holtzman, Jonathan) Modified on 5/21/2018 (Benson, A.).

JONATHAN V. HOLTZMAN (SBN 99795) ([e-mail])*
LINDA M. ROSS (SBN 133874) ([e-mail])*
RENNE PUBLIC LAW GROUP®
350 Sansome Street, Suite 300
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
ZACHARY W. CARTER
Corporation Counsel
of the City of New York
RICHARD DEARING ([e-mail])
AARON BLOOM ([e-mail])
NOAH KAZIS ([e-mail])
JOHN MOORE ([e-mail])
New York City Law Department
100 Church Street
New York, NY 10007
Telephone: [phone]
Facsimile: [phone]
* Designated counsel for service
Counsel for Proposed Amici Curiae
City of New York, 20 local governments, and the United States Conference of Mayors
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA,
Plaintiff,
v.
STATE OF CALIFORNIA, et al.,
Defendants.

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Case No. 2:18-cv-00490-JAM-KJN
UNOPPOSED MOTION FOR LEAVE TO
FILE BRIEF OF AMICI CURIAE
THE CITY OF NEW YORK, 20 LOCAL
GOVERNMENTS, AND THE UNITED
STATE CONFERENCE OF MAYORS
IN OPPOSITION TO PLAINTIFF’S
PRELIMINARY INJUNCTION MOTION
AND IN SUPPORT OF DEFENDANTS’
MOTION TO DISMISS
Hearing Date: June 20, 2018
Hearing Time: 10:00 a.m.
Location:
Courtroom 6
Judge:

Hon. John A. Mendez

LOCAL GOVERNMENTS’ MOTION FOR LEAVE TO FILE
AMICI CURIAE BRIEF

No. 2:18-cv-00490-JAM-KJN

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The City of New York along with 20 cities and counties from across the county and the

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United States Conference of Mayors move this Court for leave to file the attached amici curiae

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brief in opposition to Plaintiff’s motion for a preliminary injunction and in support of

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Defendants’ motion to dismiss.1 Counsel for proposed amici conferred with counsel for the

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parties, who have consented to this motion. A proposed order has been submitted with this

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motion.

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As the front-line providers of government services to communities with substantial

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immigrant populations, proposed amici have a unique and valuable perspective on both the

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need for and effect of the so-called sanctuary policies that the Department of Justice challenges

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in this lawsuit. Our experience refutes the DOJ’s repeated suggestion that such policies are

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nothing more than an attempt to obstruct federal immigration enforcement. To the contrary, we

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have found that creating and maintaining appropriate firewalls between local public service

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providers and federal immigration enforcement is critical to building the trust with our

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residents that is required to effectively protect the safety and health of all.

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Amici, who represent nearly 20 million residents from across the nation, believe that we

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can provide helpful information and perspectives that will assist the Court in deciding the

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matters before it. As set forth more fully in the attached brief, we will demonstrate the

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importance of policies limiting the sharing of information with federal immigration authorities

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to ensuring that all residents are willing to report crime and assist the police, complain about

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unsafe conditions, send their children to school, and seek medical treatment. When immigrant

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communities do not trust their local governments not to use their personal information to aid

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federal immigration enforcement, these essential public services have suffered. In contrast,

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where sensitive information is protected to the utmost of the local jurisdiction’s ability, all

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residents feel more secure in engaging with public officials. The practical experience of amici

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makes clear that local governments are safer and more prosperous when we protect the

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confidential information of all our residents and keep our services independent from federal

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No proposed amici is owned by any publicly held company.

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LOCAL GOVERNMENTS’ MOTION FOR LEAVE TO FILE
AMICI CURIAE BRIEF

No. 2:18-cv-00490-JAM-KJN

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immigration efforts. As the brief argues, federal immigration law does not require that local

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governments sacrifice their ability to provide these essential public services.

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CONCLUSION

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The proposed amici respectfully request that this Court grant this unopposed motion and

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accept for filing the attached amici curiae brief opposing Plaintiff’s motion for a preliminary

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injunction and supporting Defendants’ motion to dismiss.

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Respectfully submitted,

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/s/ Linda M. Ross

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JONATHAN V. HOLTZMAN (SBN 99795)
([e-mail])
LINDA M. ROSS (SBN 133874)
([e-mail])
RENNE PUBLIC LAW GROUP®
350 Sansome Street, Suite 300
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]

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Counsel for Proposed Amici Curiae
City of New York, 20 local governments, and the
United States Conference of Mayors

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LOCAL GOVERNMENTS’ MOTION FOR LEAVE TO FILE
AMICI CURIAE BRIEF

No. 2:18-cv-00490-JAM-KJN

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ZACHARY W. CARTER
Corporation Counsel
of the City of New York
100 Church Street
New York, New York 10007
[phone]
Counsel for City of New York

BARBARA J. DOSECK
City Attorney
101 West Third Street
P.O. Box 22
Dayton, Ohio 45402
[phone]
Counsel for City of Dayton

WILLIAM G. KELLY, Jr.
Corporation Counsel
City of Albany
24 Eagle Street
Albany, NY 12207
[phone]
Counsel for City of Albany

KRISTIN M. BRONSON
Denver City Attorney
1437 Bannock St., Room 353
Denver, CO 80202
[phone]
Counsel for City and County of Denver

EILEEN M. BLACKWOOD
City Attorney and Corporate Counsel
City of Burlington
149 Church Street, Room 11
Burlington, VT 05451
[phone]
Counsel for City of Burlington

GREGORY L. THOMAS
City Attorney
401 Broadway, Suite 101 A
Gary, Indiana 40402
[phone]
Counsel for City of Gary, Indiana

NANCY E. GLOWA
City Solicitor
City of Cambridge
795 Massachusetts Avenue
Cambridge, MA 02139
[phone]
Counsel for City of Cambridge

AARON O. LAVINE
City Attorney
108 E. Green St.
Ithaca, NY 14850
[phone]
Counsel for City of Ithaca

EDWARD N. SISKEL
Corporation Counsel
of the City of Chicago
30 N. LaSalle Street, Suite 800
Chicago, IL 60602
[phone]
Counsel for City of Chicago

MICHAEL P. MAY
City Attorney for the City of Madison
210 Martin Luther King Jr. Blvd
Room 401
Madison, Wisconsin 53703
[phone]
Counsel for City of Madison

KIMBERLY M. FOXX
States Attorney for Cook County
69 W. Washington, 32nd Floor
Chicago, IL 60602
[phone]
Counsel for Cook County, Illinois

SUSAN L. SEGAL
Minneapolis City Attorney
350 S. 5th Street, Rm. 210
Minneapolis, MN 55415
[phone]
Counsel for City of Minneapolis

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LOCAL GOVERNMENTS’ MOTION FOR LEAVE TO FILE
AMICI CURIAE BRIEF

No. 2:18-cv-00490-JAM-KJN

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JON COOPER
Director of Law
One Public Square, Suite 108
Nashville, TN 37201
[phone]
Counsel for Metropolitan Government
of Nashville and Davidson County

TIMOTHY R. CURTIN
Corporation Counsel
of the City of Rochester
30 Church St., Room 400A
Rochester, NY 14614
[phone]
Counsel for City of Rochester, New York

KATHLEEN E. GILL
Chief of Staff for Policy and Government
Affairs/Corporation Counsel
City of New Rochelle
515 North Avenue
New Rochelle, NY 10801
[phone]
Counsel for City of New Rochelle

PETER S. HOLMES
Seattle City Attorney
701 Fifth Avenue, Suite 2050
Seattle, WA 98104-7097
[phone]
Counsel for City of Seattle

MARCEL S. PRATT
City Solicitor
City of Philadelphia Law Department
1515 Arch Street, 17th Floor
Philadelphia, PA 19102
[phone]
Counsel for City of Philadelphia

FRANCIS X. WRIGHT, Jr.
City Solicitor
City of Somerville
93 Highland Avenue
Somerville, MA 02143
[phone], ext. 4400
Counsel for City of Somerville

YVONNE S. HILTON
Acting City Solicitor
City of Pittsburgh, Department of Law
313 City-County Building
414 Grant Street
Pittsburgh, PA 15219
[phone]
Counsel for City of Pittsburgh

RACHEL B. TURPIN
City Attorney
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
[phone]
Counsel for City of Tukwila

TRACY REEVE
Portland City Attorney
Portland City Attorney’s Office
1221 SW Fourth Avenue, Suite 430
Portland, OR 97240
[phone]
Counsel for City of Portland, Oregon

JOHN DANIEL REAVES
General Counsel
The United States Conference of Mayors
1200 New Hampshire Ave. NW, 3rd Floor
Washington, DC 20036
Counsel for the United States Conference of
Mayors

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LOCAL GOVERNMENTS’ MOTION FOR LEAVE TO FILE
AMICI CURIAE BRIEF

No. 2:18-cv-00490-JAM-KJN

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CERTIFICATE OF SERVICE
I hereby certify that on May 18, 2018, I filed the foregoing document with the Clerk of

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the Court via CM/ECF, which automatically sends notice of the filing to all counsel of record. I

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declare under 28 U.S.C. § 1746 that the above is true and correct.

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Respectfully submitted,

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/s/ Linda M. Ross

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LINDA M. ROSS (SBN 133874)
([e-mail])
RENNE PUBLIC LAW GROUP®
350 Sansome Street, Suite 300
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]

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Counsel for Proposed Amici Curiae
City of New York, 20 local governments, and the
United States Conference of Mayors

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LOCAL GOVERNMENTS’ MOTION FOR LEAVE TO FILE
AMICI CURIAE BRIEF

No. 2:18-cv-00490-JAM-KJN