NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE v. TRUMP et al

Filing 22

ORDER granting in part, denying in part, and deferring in part 15 the government's motion to dismiss; granting in part and denying in part plaintiffs' motion for summary judgment; and disposing of the remaining motions pending in this case. See text of Order for details. Signed by Judge John D. Bates on 4/24/2018. (lcjdb1)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

NATIONAL ASSOCIATION FOR THE
ADVANCEMENT OF COLORED
PEOPLE, et al.,
Plaintiffs,
v.

Civil Action No. 17-1907 (JDB)

DONALD J. TRUMP, et al.,
Defendants.
ORDER
Upon consideration of [15] defendants’ motion to dismiss and plaintiffs’ motion for
summary judgment, which was filed as a joint motion in a related case, see Pls.’ Mot. for Summ.
J., Princeton v. United States, Civ. Action No. 17-2325 (JDB) (D.D.C. Dec. 15, 2017), ECF No.
28, and for the reasons stated in the Memorandum Opinion issued on this date, it is hereby
ORDERED that [15] the government’s motion to dismiss is GRANTED as to plaintiffs’
procedural Administrative Procedure Act (“APA”) claim (stated in Count III), their informationsharing claim (stated in Counts I and II), and their Regulatory Flexibility Act claim (Count VI);
DENIED as to their substantive APA claim (stated in Count III); and DENIED IN PART AND
DEFERRED IN PART as to their constitutional claims (stated in Count II); it is further
ORDERED that [28] plaintiffs’ motion for summary judgment is GRANTED as to their
substantive APA claim but DENIED as to their procedural APA claim; it is further
ORDERED that the Department of Homeland Security’s (“DHS”) September 5, 2017
decision to rescind the Deferred Action for Childhood Arrivals (“DACA”) program is VACATED
and REMANDED to the agency; it is further
ORDERED that the Court’s order of vacatur is STAYED for ninety days; and it is further

ORDERED that the parties shall file, by not later than Friday, July 27, 2018 a joint status
report stating whether DHS has issued a new decision rescinding DACA and whether the parties
contemplate the need for further proceedings in this case.
Moreover, upon consideration of the remaining motions pending in this case, it is hereby
ORDERED that [18] plaintiffs’ unopposed motion to submit pseudonymous declarations
is GRANTED; and it is further
ORDERED that [9] plaintiffs’ motion for a scheduling order is DENIED as moot.
SO ORDERED.
/s/
JOHN D. BATES
United States District Judge
Dated: April 24, 2018

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