State of California v. U.S. Department of Homeland Security

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

STATE OF CALIFORNIA, et al., Case No. 19-cv-04975-PJH Plaintiffs,

v. ORDER REQUESTING

SUPPLEMENTAL BRIEFING

U.S. DEPARTMENT OF HOMELAND SECURITY, et al., Re: Dkt. No. 160 11 Defendants.

13 As the parties are well aware, on December 5, 2019, a Ninth Circuit motions panel issued a published decision staying this court’s preliminary injunction order. City & Cty. of San Francisco v. U.S. Citizenship & Immigration Servs., 944 F.3d 773 (9th Cir. 2019). In its opinion, the panel determined that defendants were likely to succeed on the merits because the public charge final rule’s definition of “public charge” was consistent with the relevant statutes and the Department of Homeland Security’s (“DHS”) rulemaking process was not arbitrary or capricious. Id. at 790. In their briefs, both parties have discussed the potential impact of that decision on defendants’ motion to dismiss. Relevant to the court’s consideration of the impact of the…