CAPITAL AREA IMMIGRANTS' RIGHTS COALITION et al v. TRUMP et al

Filing 3

MOTION for Temporary Restraining Order by CAPITAL AREA IMMIGRANTS' RIGHTS COALITION, REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES, INC. (Attachments: #1 Memorandum in Support, #2 Declaration of Michelle Garza Pareja, #3 Declaration of Claudia Cubas, #4 Text of Proposed Order, #5 Declaration of Counsel Regarding Compliance with Local Rule 65.1)(Bernick, Justin). Added MOTION for Preliminary Injunction on 7/18/2019 (znmw).

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

CAPITAL AREA IMMIGRANTS’ RIGHTS
COALITION, et al.,
Plaintiffs,
v.
Civil Action No. _____
DONALD J. TRUMP, in his official capacity
as President of the United States, et al.,
Defendants.

[PROPOSED] TEMPORARY RESTRAINING ORDER
This matter came before the Court on Plaintiffs’ Motion for Temporary Restraining Order
and Preliminary Injunction (the “Motion”). Having considered the Motion and the documents
filed therewith, including supporting declarations, Plaintiffs’ Complaint, and the files and records
herein, and good cause appearing therefor, the Court hereby finds and concludes as follows.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
To obtain a temporary restraining order, Plaintiffs must establish: (1) that irreparable
harm is likely in the absence of preliminary relief, (2) a likelihood of success on the merits, (3)
that the balance of the equities tips in Plaintiffs’ favor, and (4) that an injunction is in the public
interest. See Winter v. Nat’l Res. Def. Council, Inc., 555 U.S. 7, 20 (2008).
Based on the record before the Court, Plaintiffs Capital Area Immigrants’ Rights
Coalition (“CAIR Coalition”) and Refugee and Immigrant Center for Education and Legal
Services, Inc. (“RAICES”) (together, “Plaintiffs”) will face immediate and irreparable injuries as
a result of the implementation and enforcement of the interim final rule issued by Defendants
dated July 16, 2019, entitled “Asylum Eligibility and Procedural Modifications,” 84 Fed. Reg.

33,892 (July. 16, 2019) (the “Rule”). Absent an injunction, the Rule will prevent migrants from
being considered eligible for asylum consistent with the laws of the United States and place them
at imminent risk of deportation to countries in which they may face persecution and violence.
Correspondingly, implementation of the Rule also will substantially compromise the resources of
Plaintiffs and their abilities to assist as many migrants as possible consistent with their
organizational missions. Further, Defendants’ promulgation of the Rule without employing the
notice and comment procedures required under the Administrative Procedure Act, 5 U.S.C.
§ 553, deprived Plaintiffs of the ability to file comments opposing the policy. Each of the
foregoing harms is significant and irreparable.
It is likely that Plaintiffs will prevail on the merits of the claims set forth in their
Complaint. A temporary restraining order against Defendants, in the manner set forth below, is
necessary until a determination of the merits of Plaintiffs’ claims may be held.
The balance of the equities and the public interest also favor the relief sought by
Plaintiffs. In particular, the issuance of a temporary restraining order will not cause substantial
harm to Defendants and will maintain the status quo pending resolution of the merits of this case.
The Court further finds that Plaintiffs took reasonable steps to provide sufficient notice to
Defendants as to their intention to file the instant motion by telephone and email correspondence
dated July 16, 2019, the substance of which was relayed to the Court on the same date in
Plaintiffs’ Certificate of Counsel Regarding Compliance with Local Rule 65.1. Plaintiffs’ efforts
to contact Defendants reasonably and substantially complied with the requirements of Federal
Rule of Civil Procedure 65(b).
The Court continues to have jurisdiction over Defendants and the subject matter of this
case.

2

No security bond is required under Federal Rule of Civil Procedure 65(c).
TEMPORARY RESTRAINING ORDER
Now, therefore, Plaintiffs’ Motion is GRANTED, and it is hereby ORDERED that:
1.

Defendants and all of their respective officers, agents, servants, employees, and

attorneys, and persons in active concert or participation with them, are hereby enjoined fully
from enforcing or implementing the Rule across the nation. Enforcement or implementation of
the Rule at all United States borders, ports of entry, and in the processing of asylum claims is
prohibited, pending further order of this Court.
2.

Defendants shall immediately provide a copy of this Temporary Restraining

Order to any persons or entity that may be subject to it, including Defendants’ officers, agents,
servants, employees, and attorneys, and persons in active concert or participation with them or
who have any involvement in the removal of individuals from the United States.
3.

Pursuant to Federal Rule of Civil Procedure 65(b)(2), the Court sets an expedited

hearing for _______ to determine whether this Temporary Restraining Order should be extended.

Date:

_____________________________
United States District Judge

3