Trump finally gets a win! (Just not the one he wanted)

3 years ago
4

Doe v. Trump, Case No. 3:19-cv-1743-SI (D. Or. Apr. 13, 2020)
https://casetext.com/case/doe-v-trump-17

On October 4, 2019, the President of the United States issued Proclamation No. 9945, titled "Presidential Proclamation on the Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System" (the "Proclamation"). The Proclamation requires certain immigrants to show proof of health insurance or sufficient financial resources to pay for the costs of anticipated health care before those immigrants may qualify for immigrant visas. On October 30, 2019, Plaintiffs filed their putative class action complaint, alleging that: (1) Defendants violated the Administrative Procedure Act ("APA"); (2) Defendants violated the Fifth Amendment Due Process clause's requirement of equal protection based on race, ethnicity, and national origin; (3) Defendants' actions are ultra vires, including that the President's issuance of the Proclamation violates the separation of powers doctrine and is outside the authority delegated to him in 8 U.S.C. § 1182(f); and (4) Defendants violated the Fifth Amendment Due Process clause's procedural due process guarantee.

On November 2, 2019, the Court entered a Temporary Restraining Order, temporarily enjoining Defendants from taking any action to implement or enforce the Proclamation through November 30, 2019. On November 26, 2019, the Court entered a preliminary injunction order, enjoining Defendants from taking any action to implement or enforce the Proclamation until the Court resolves this case on the merits. On April 7, 2020, the Court granted Plaintiffs' motion for class certification, certifying two subclasses. Plaintiffs' motion to compel completion of the administration record and production of a privilege log is before the Court. For the reasons discussed below, Plaintiffs' motion is GRANTED IN PART.

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