Case 2:85-cv-04544-DMG-AGR Document 519 Filed 11/07/18 Page 1 of 6 Page ID #:25797 1 2 3 4 5 6 7 8 MICHAEL N. FEUER, SBN 111529 City Attorney JAMES P. CLARK, SBN 64780 LEELA A. KAPUR, SBN 125548 VALERIE L. FLORES, SBN 138572 MICHAEL DUNDAS, SBN 226930 200 North Main St., City Hall East Suite 800 Los Angeles, California 90012 mike.dundas@lacity.org Telephone: (213) 978-8130 Facsimile: (213) 978-8312 Attorneys for Amicus Curiae City of Los Angeles 9 10 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 11 12 13 14 15 Case No. 2:85-cv-4544-DMG (AGRx) JENNY LISETTE FLORES, et al., 16 Plaintiffs, 17 18 v. 19 20 21 22 JEFFERSON B. SESSIONS III, Attorney General of the United States, et al., ADMINISTRATIVE MOTION FOR LEAVE TO FILE BRIEF OF 18 CITIES AND COUNTIES AS AMICI CURIAE IN SUPPORT OF PLAINTIFFS’ MOTION TO ENFORCE SETTLEMENT Defendants. 23 24 25 26 27 28 ADMINISTRATIVE MOTION FOR LEAVE TO FILE BRIEF OF 18 CITIES AND COUNTIES AS AMICI CURIAE IN SUPPORT OF PLAINTIFFS’ MOTION TO ENFORCE SETTLEMENT Case 2:85-cv-04544-DMG-AGR Document 519 Filed 11/07/18 Page 2 of 6 Page ID #:25798 Amici Curiae, the City of Chicago, City of Los Angeles and City of 1 2 New York, together with the City and County of San Francisco, Los 3 Angeles County Santa Clara County, and the Cities of Austin, Boston, 4 Cambridge, Columbus (OH), Houston, New Haven, Oakland, 5 Philadelphia, Providence, San Jose, Seattle, and Somerville hereby 6 request leave to file the attached Proposed Brief of Amici Curiae in 7 Support of Plaintiffs’ Motion to Enforce Settlement. A copy of the 8 proposed brief is attached to this motion as Attachment 1. Plaintiffs and Defendants both consent to amici’s filing of this 9 10 11 brief. On September 7, 2018, the Department of Homeland Security 12 (“DHS”) and the Department of Health and Human Services (“HHS”) 13 (collectively, the “Departments”) proposed rules “to amend regulations 14 relating to the apprehension, processing, care, custody, and release of 15 alien juveniles” (“Rules”) in a Notice of Proposed Rule Making published 16 in the Federal Register. 17 The factors precipitating the publication of the Rules, i.e. forced 18 family separation, was a creation of Defendants’ own doing, and amici 19 assert that Plaintiffs’ Motion to Enforce Settlement is necessary for the 20 well-being of not just Plaintiffs and their families, but also amici’s 21 interests in seeing the requirements of the FSA be properly applied and 22 enforced within our respective jurisdictions. 23 Specifically, amici, care deeply about their immigrant populations 24 (many of the largest in the country) and have a strong interest in 25 protecting the rights and well-being of immigrant children and their 26 families, including asylum seekers, as they seek protection in the United 27 States. These interests are reflected in, for example, the adoption of 28 welcoming-city ordinances and policies, the oversight of state-licensed ADMINISTRATIVE MOTION FOR LEAVE TO FILE BRIEF OF 18 CITIES AND COUNTIES AS AMICI CURIAE IN SUPPORT OF PLAINTIFFS’ MOTION TO ENFORCE SETTLEMENT 1 Case 2:85-cv-04544-DMG-AGR Document 519 Filed 11/07/18 Page 3 of 6 Page ID #:25799 1 facilities housing minor children, the provision of healthcare services, 2 and the provision of funds for immigrant legal services. 3 Amici are where many of these families and children have gone, 4 and will continue to go, after they are released from detention. Thus, 5 amici are on the front lines of connecting these recently released 6 immigrants to essential health, medical, language, and social services, 7 as well as legal representation throughout all stages of their 8 immigration proceedings. Amici do this not just because it is good policy 9 and in the public’s interest, but also because the sooner immigrant 10 residents are connected to such services, the better they are able to 11 settle and thrive. 12 Amici have grave concerns with the Rules because they would 13 result in longer detentions and lower standards of care for immigrant 14 children, thus increasing the well-documented risks of such detention 15 and impeding amici’s ability to properly serve the needs of their 16 immigrant residents. For the foregoing reasons, amici respectfully 17 request the court’s grant the motion to file the attached brief. 18 19 20 Dated: November 7, 2018 Respectfully submitted, By:/s/ Michael Dundas Michael N. Feuer City Attorney James P. Clark Leela Kapur Valerie Flores Michael Dundas 200 North Main Street, City Hall East Suite 800 Los Angeles, CA 90012 21 22 23 24 25 Attorneys for Amicus Curiae City of Los Angeles, California 26 27 28 ADMINISTRATIVE MOTION FOR LEAVE TO FILE BRIEF OF 18 CITIES AND COUNTIES AS AMICI CURIAE IN SUPPORT OF PLAINTIFFS’ MOTION TO ENFORCE SETTLEMENT 2 Case 2:85-cv-04544-DMG-AGR Document 519 Filed 11/07/18 Page 4 of 6 Page ID #:25800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Edward N. Siskel Corporation Counsel Jane Elinor Notz Rebecca Hirsch 30 N. LaSalle Street, Suite 800 Chicago, IL 60602 Zachary W. Carter Corporation Counsel 100 Church Street New York, NY 10007 Attorney for Amicus Curiae City of New York, New York Attorneys for Amicus Curiae City of Chicago, Illinois Dennis J. Herrera City Attorney City Hall Room 234 One Dr. Carlton B. Goodlett Pl. San Francisco, CA 94102 Margaret L. Carter O’Melveny & Myers LLP 400 S. Hope Street Los Angeles, CA 90071 Attorney for Amicus Curiae Los Angeles County, California Attorney for Amicus Curiae City and County of San Francisco, California James R. Williams County Counsel 70 West Hedding St., 9th Fl. San Jose, CA 95110-1770 Anne L. Morgan City Attorney PO Box 1546 Austin, TX 78767 Attorney for Amicus Curiae County of Santa Clara, California Attorney for Amicus Curiae City of Austin, Texas Eugene O’Flaherty Corporation Counsel One City Hall Square, Rm. 615 Boston, MA 02201 Nancy E. Glowa City Solicitor 795 Massachusetts Avenue Cambridge, MA 02139 Attorney for Amicus Curiae City of Boston, Massachusetts Attorney for Amicus Curiae City of Cambridge, Massachusetts Zach Klein City Attorney 77 N. Front St – 4th Floor Columbus, OH 43215 Ronald C. Lewis City Attorney 900 Bagby, 4th Floor Houston, Texas 77002 Attorney for Amicus Curiae City of Columbus, Ohio Attorney for Amicus Curiae City of Houston, Texas 28 ADMINISTRATIVE MOTION FOR LEAVE TO FILE BRIEF OF 18 CITIES AND COUNTIES AS AMICI CURIAE IN SUPPORT OF PLAINTIFFS’ MOTION TO ENFORCE SETTLEMENT 3 Case 2:85-cv-04544-DMG-AGR Document 519 Filed 11/07/18 Page 5 of 6 Page ID #:25801 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 John Rose, Jr. Corporation Counsel 165 Church Street, 4th Flr. New Haven, CT 06510 Barbara J. Parker City Attorney One Frank H. Ogawa Plaza, 6th Flr. Oakland, California 94612 Attorney for Amicus Curiae City of New Haven, Connecticut Attorney for Amicus Curiae City of Oakland, California Marcel S. Pratt City Solicitor City of Philadelphia Law Department 1515 Arch Street, 17th Floor Philadelphia, PA 19102 Jeffrey Dana City Solicitor 444 Westminster Street, Suite 220 Providence, RI 02903 Attorney for Amicus Curiae City of Providence, Rhode Island Attorney for Amicus Curiae City of Philadelphia, Pennsylvania Richard Doyle City Attorney Office of the City Attorney 200 E. Santa Clara Street, 16th Flr. San Jose California 951131905 Peter S. Holmes City Attorney 701 Fifth Avenue, Suite 2050 Seattle, WA 98104-7097 Attorney for Amicus Curiae City of Seattle, Washington Attorney for Amicus Curiae City of San Jose, California Francis X. Wright, Jr. City Solicitor 93 Highland Avenue Somerville, MA 02143 Attorney for Amicus Curiae City of Somerville, Massachusetts 24 25 26 27 28 ADMINISTRATIVE MOTION FOR LEAVE TO FILE BRIEF OF 18 CITIES AND COUNTIES AS AMICI CURIAE IN SUPPORT OF PLAINTIFFS’ MOTION TO ENFORCE SETTLEMENT 4 Case 2:85-cv-04544-DMG-AGR Document 519 Filed 11/07/18 Page 6 of 6 Page ID #:25802 1 2 3 4 5 6 7 CERTIFICATE OF SERVICE I hereby certify that on November 7, 2018, a copy of the foregoing Administrative Motion for Leave to File Brief of 18 Cities and Counties as Amici Curiae in Support of Plaintiffs’ Motion to Enforce Settlement; and attached Proposed Brief were filed and served pursuant to the Court’s electronic filing procedures using CM/ECF. 8 9 /s/ 10 Michael Dundas Michael Dundas 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ADMINISTRATIVE MOTION FOR LEAVE TO FILE BRIEF OF 18 CITIES AND COUNTIES AS AMICI CURIAE IN SUPPORT OF PLAINTIFFS’ MOTION TO ENFORCE SETTLEMENT 5