Case: Migrant Justice v. Nielsen

5:18-cv-00192 | U.S. District Court for the District of Vermont

Filed Date: Nov. 14, 2018

Case Ongoing

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Case Summary

On November 14, 2018, Migrant Justice, Inc. and four individual members of the organization filed this lawsuit in the United States District Court for the District of Vermont. The plaintiffs sued the Department of Homeland Security (DHS), the United States Immigration and Customs Enforcement (ICE), the Vermont Department of Motor Vehicles (DMV), and the United States under 42 U.S.C. §1983 and Ex parte Young, 209 U.S. 123 (1908). The plaintiffs, represented by the various public interest organizations including the ACLU of Vermont, Center for Constitutional Rights, the National Immigration Law Center, as well as private counsel, sought injunctive, monetary, and declaratory relief, claiming violations of the First Amendment and Fourteenth Amendment’s Equal Protection Clause, as well as federal tort claims, including Invasion of Privacy, Intentional Infliction of Emotional Distress, and False Imprisonment.

The plaintiffs, organizers and advocates for immigrant farmworkers, alleged that ICE has retaliated against them in response to their advocacy and public criticism, thereby chilling their speech and interfering with their freedom of association. As a result, Migrant Justice claimed that it had to take extensive and costly precautions, limiting its overall reach to the community. Specifically, the plaintiffs alleged that ICE has infiltrated their meetings; targeted, surveilled, and engaged in disinformation campaigns to sow distrust among their members; and arrested and/or detained twenty active Migrant Justice members pursuant to an unlawful retaliatory policy. The plaintiffs further alleged that DMV employees consistently share personally identifying information about plaintiffs with ICE in a manner that disproportionately targets and impacts non-white and Latinx residents.

The plaintiffs filed an amended complaint on February 7, 2019, removing one member of the organization as a plaintiff. There were no other substantive changes made to the complaint.

On January 21, 2020, the plaintiffs filed a stipulation of dismissal with prejudice as to Wanda Minoli, the Commissioner of the Vermont DMV after entering into a settlement. The DMV agreed to not share immigration or citizenship information with ICE, DHS, and Customs and Border Protection (CBP) and to implement new protocols to protect against such disclosures, including training for its law enforcement employees, counter staff, and managers. The settlement also included improvements to the DMV's language access services. The DMV agreed to 18 months of auditing and $100,000 in attorneys' fees: $20,000 would go to the plaintiffs and $80,000 would be set aside for the DMV's costs in complying with the settlement.

On October 28, 2020, the plaintiffs filed a stipulation of dismissal with prejudice after entering into a settlement with the remaining defendants. The U.S. agreed to pay $100,000 in damages. ICE granted the plaintiffs deferred action for five years (stopping their potential deportations), and said it would not use any information gathered during this lawsuit, deferred action requests, or employment authorization applications against the plaintiffs in any future immigration proceedings. ICE also promised to tell its agents that immigrants, regardless of immigration status, are protected by the First Amendment and have the right to freedom of speech and assembly. This included sending a memo to its Vermont employees to explain that they must act in accordance with the First Amendment, including its commitment to not profile, target on account of, or discriminate against any individual or group for exercising First Amendment rights."

The case is ongoing.

Summary Authors

Shannon Nelson (4/22/2019)

Olivia Vigiletti (10/5/2019)

Lauren Yu (11/12/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8188405/parties/migrant-justice-v-nielsen/

Judge(s)

Attorney for Plaintiff

Aguirre, Guadalupe V (New York)

Aycock, Amanda M. (New York)

Attorney for Defendant

AUSA, Alex Weinberg (Vermont)

AUSA, Owen C.J. (Vermont)

AUSA, Rachel Balaban (Vermont)

Expert/Monitor/Master/Other

Judge(s)

Crawford, Geoffrey William (Vermont)

Attorney for Plaintiff

Aguirre, Guadalupe V (New York)

Aycock, Amanda M. (New York)

Cohen, Joel M. (New York)

Diaz, James M (Vermont)

Ernst, Lia (Vermont)

Esq., Amanda M. (Vermont)

Esq., Angelo R. (Vermont)

Esq., Ghita R. (Vermont)

Esq., Guadalupe V. (Vermont)

Esq., Jaclyn M. (Vermont)

Esq., James M. (Vermont)

Esq., Joel M. (Vermont)

Esq., Lia N. (Vermont)

Esq., Max Wolson (Vermont)

Esq., Sarah Kim (Vermont)

Esq., Trudy S. (Vermont)

Guisado, Angelo R. (New York)

Kim Pak, Sarah (California)

Neely, Jaclyn M (New York)

Rebert, Trudy S. (New York)

Rosenthal, Joshua A (California)

Schwarz, Ghita (New York)

Stehlik, Joshua T. (California)

Wilner, Claudia (New York)

Wolson, Max (District of Columbia)

Attorney for Defendant

AUSA, Alex Weinberg (Vermont)

AUSA, Owen C.J. (Vermont)

AUSA, Rachel Balaban (Vermont)

Balaban, Rachel (New York)

DuCharme, Seth David (New York)

Esq., Joshua A. (Vermont)

Foster, Owen C.J (Vermont)

Gallagher, Kate T (Vermont)

Weinberg, Alex (New York)

Other

Esq., Michael J. (Vermont)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

5:18-cv-00192	Docket [PACER]	Oct. 28, 2020	Oct. 28, 2020 Docket
1 5:18-cv-00192	Complaint	Nov. 14, 2018	Nov. 14, 2018 Complaint
22 5:18-cv-00192	First Amended Complaint	Feb. 7, 2019	Feb. 7, 2019 Complaint
5:18-cv-00192	Settlement Agreement Migrant Justice v. McAleenan	Jan. 8, 2020	Jan. 8, 2020 Settlement Agreement
68 5:18-cv-00192	Stipulation for Compromise Settlement and Release and Dismissal with Prejudice of all Claims in the Action Migrant Justice v. Wolf	Oct. 28, 2020	Oct. 28, 2020 Settlement Agreement

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Migrant Justice, et al. v. Nielsen, et al. National Immigration Law Center	ICE, DHS, and Vermont DMV retaliating against activist immigrant leaders.	2020	Oct. 28, 2020 https://www.nilc.org/...
Migrant Justice v. Nielsen Center for Constitutional Rights	Migrant Justice, a Vermont-based advocacy organization with roots in economic justice, labor, and human rights, and six of its members are suing the Department of Homeland Security, Immigration and C…	October 28, 2020	Oct. 28, 2020 https://ccrjustice.org/...
Migrant Justice v. Ice Migrant Justice	A summary and explanation of the case Migrant Justice v. Nielsen.	11/13/2018	Nov. 13, 2018 http://www.migrantjustice.net/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/8188405/migrant-justice-v-nielsen/

Last updated April 1, 2026, 5:17 a.m.

ECF Number	Date	Description	Link
1	Nov. 14, 2018	COMPLAINT against Matthew Albence, Wanda Minoli, Kirstjen Nielsen, United States of America, Ronald Vitiello filed by Migrant Justice, Jose Enrique Balcazar Sanchez, Zully Palacios Rodriguez, Jose Victor Garcia Diaz, Miguel Alcudia Gamas. (Attachments: # 1 Civil Cover Sheet) (esb) Filers clarified on 11/14/2018 (law). (Entered: 11/14/2018) 1 Civil Cover Sheet View on PACER	RECAP
	Nov. 14, 2018	ISSUED Summons as to Matthew Albence; Kirstjen Nielsen; United States of America (U.S. Attorney D-VT); Ronald Vitiello.(kac)
2	Dec. 24, 2018	STIPULATED MOTION for Extension of Time to File Answer re 1 Complaint filed by Wanda Minoli.(Gallagher, Kate) (Entered: 12/24/2018)	RECAP
3	Dec. 26, 2018	ORDER granting 2 MOTION for Extension of Time to Answer 1 Complaint. Wanda Minoli answer due 2/28/2019. Signed by Chief Judge Geoffrey W. Crawford on 12/26/2018. (This is a text-only Order.) (jal) (Entered: 12/26/2018)	RECAP
4	Jan. 8, 2019	STIPULATED MOTION for Extension of Time to File Answer filed by Matthew Albence, Kirstjen Nielsen, United States of America, Ronald Vitiello.(Foster, Owen) Event/text clarified on 1/9/2019 (law). (Entered: 01/08/2019)	RECAP
5	Jan. 9, 2019	WAIVER OF SERVICE Returned Executed: Wanda Minoli waiver sent on 11/14/2018.(Ernst, Lia) Date waiver sent clarified on 1/9/2019 (law). (Entered: 01/09/2019)	RECAP
6	Jan. 9, 2019	SUMMONS Returned Executed. Matthew Albence served on 11/19/2018, answer due 1/18/2019; Kirstjen Nielsen served on 11/19/2018, answer due 1/18/2019; United States of America served on 11/19/2018, answer due 1/18/2019; Ronald Vitiello served on 11/19/2018, answer due 1/18/2019. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Ernst, Lia) (Entered: 01/09/2019) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER	RECAP
7	Jan. 9, 2019	STIPULATION AND ORDER for an Extension of Deadline to Respond to 1 Complaint. Matthew Albence, Kirstjen Nielsen, United States of America, Ronald Vitiello answers due 2/28/2019. Signed by Chief Judge Geoffrey W. Crawford on 1/9/2019. (law) (Entered: 01/09/2019)	RECAP
8	Jan. 10, 2019	MOTION for Appearance Pro Hac Vice of Joshua A. Rosenthal filed by Jose Enrique Balcazar Sanchez, Miguel Alcudia Gamas, Jose Victor Garcia Diaz, Migrant Justice, Wanda Minoli, Zully Palacios Rodriguez. (Attachments: # 1 Declaration of Joshua A. Rosenthal, # 2 Certificate of Good Standing)(jlh) (Entered: 01/14/2019) 1 Declaration of Joshua A. Rosenthal View on PACER 2 Certificate of Good Standing View on PACER	RECAP
9	Jan. 10, 2019	MOTION for Appearance Pro Hac Vice of Ghita R. Schwarz filed by Jose Enrique Balcazar Sanchez, Miguel Alcudia Gamas, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez. (Attachments: # 1 Declaration of Ghita Schwarz, # 2 Certificate of Good Standing)(jlh) (Entered: 01/14/2019) 1 Declaration of Ghita Schwarz View on PACER 2 Certificate of Good Standing View on PACER	RECAP
10	Jan. 10, 2019	MOTION for Appearance Pro Hac Vice of Angelo R. Guisado filed by Jose Enrique Balcazar Sanchez, Miguel Alcudia Gamas, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez. (Attachments: # 1 Declaration of Angelo R. Guisado, # 2 Certificate of Good Standing)(jlh) (Entered: 01/14/2019) 1 Declaration of Angelo R. Guisado View on PACER 2 Certificate of Good Standing View on PACER	RECAP
11	Jan. 10, 2019	MOTION for Appearance Pro Hac Vice of Guadalupe V. Aguirre filed by Jose Enrique Balcazar Sanchez, Miguel Alcudia Gamas, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez. (Attachments: # 1 Declaration of Guadalupe Aguirre, # 2 Certificate of Good Standing)(jlh) (Entered: 01/14/2019) 1 Declaration of Guadalupe Aguirre View on PACER 2 Certificate of Good Standing View on PACER	RECAP
12	Jan. 10, 2019	MOTION for Appearance Pro Hac Vice of Amanda M. Aycock filed by Jose Enrique Balcazar Sanchez, Miguel Alcudia Gamas, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez. (Attachments: # 1 Declaration of Amanda M. Aycock, # 2 Certificate of Good Standing)(jlh) (Entered: 01/14/2019) 1 Declaration of Amanda M. Aycock View on PACER 2 Certificate of Good Standing View on PACER	RECAP
13	Jan. 10, 2019	MOTION for Appearance Pro Hac Vice of Joel M. Cohen filed by Jose Enrique Balcazar Sanchez, Miguel Alcudia Gamas, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez. (Attachments: # 1 Declaration of Joel M. Cohen, # 2 Certificate of Good Standing)(jlh) (Entered: 01/14/2019) 1 Declaration of Joel M. Cohen View on PACER 2 Certificate of Good Standing View on PACER	RECAP
14	Jan. 10, 2019	MOTION for Appearance Pro Hac Vice of Jaclyn M. Neely filed by Jose Enrique Balcazar Sanchez, Miguel Alcudia Gamas, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez. (Attachments: # 1 Declaration of Jaclyn M. Neely)(jlh) (Additional attachment(s) added on 1/14/2019: # 2 Certificate of Good Standing) (jlh). (Entered: 01/14/2019) 1 Declaration of Jaclyn M. Neely View on PACER 2 Certificate of Good Standing View on PACER	RECAP
15	Jan. 10, 2019	MOTION for Appearance Pro Hac Vice of Trudy S. Rebert filed by Jose Enrique Balcazar Sanchez, Miguel Alcudia Gamas, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez. (Attachments: # 1 Declaration of Trudy S. Rebert, # 2 Certificate of Good Standing)(jlh) (Entered: 01/14/2019) 1 Declaration of Trudy S. Rebert View on PACER 2 Certificate of Good Standing View on PACER	RECAP
16	Jan. 10, 2019	MOTION for Appearance Pro Hac Vice of Joshua Stehlik filed by Jose Enrique Balcazar Sanchez, Miguel Alcudia Gamas, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez. (Attachments: # 1 Declaration of Joshua Stehlik, # 2 Certificate of Good Standing)(jlh) (Entered: 01/14/2019) 1 Declaration of Joshua Stehlik View on PACER 2 Certificate of Good Standing View on PACER	RECAP
17	Jan. 14, 2019	ORDER granting 8, 9, 10, 11, 12, 13, 14, 15 and 16 MOTIONS for Admission Pro Hac Vice of Joshua A. Rosenthal, Ghita R. Schwarz, Angelo R. Guisado, Guadalupe V. Aguirre, Amanda M. Aycock, Joel M. Cohen, Jaclyn M. Neely, Trudy S. Rebert and Joshua Stehlik. Signed by Chief Judge Geoffrey W. Crawford on 1/14/2019. (This is a text-only Order.) (jal) (Entered: 01/14/2019)	RECAP
18	Jan. 30, 2019	JOINT MOTION to Stay deadline for submission of discovery schedule filed by Jose Enrique Balcazar Sanchez, Miguel Alcudia Gamas, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez.(Ernst, Lia) (Entered: 01/30/2019)	RECAP
19	Jan. 31, 2019	ORDER granting 18 MOTION to Stay Deadline for the Submission of a Discovery Schedule. Deadline for Discovery Schedule is now due March 18, 2019. Signed by Chief Judge Geoffrey W. Crawford on 1/31/2019. (This is a text-only Order.) (jal) (Entered: 01/31/2019)	RECAP
20	Jan. 31, 2019	UNOPPOSED MOTION to Amend 1 Complaint filed by Jose Enrique Balcazar Sanchez, Miguel Alcudia Gamas, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez. (Attachments: # 1 Redlined Proposed Amended Complaint, # 2 Proposed Amended Complaint)(Ernst, Lia) (Entered: 01/31/2019) 1 Redlined Proposed Amended Complaint View on PACER 2 Proposed Amended Complaint View on PACER	RECAP
21	Feb. 1, 2019	ORDER granting 20 MOTION to Amend 1 Complaint. Signed by Chief Judge Geoffrey W. Crawford on 2/1/2019. (This is a text-only Order.) (jal) (Entered: 02/01/2019)	RECAP
22	Feb. 7, 2019	FIRST AMENDED COMPLAINT against Matthew Albence, Wanda Minoli, Kirstjen Nielsen, United States of America, Ronald Vitiello filed by Jose Enrique Balcazar Sanchez, Migrant Justice, Jose Victor Garcia Diaz, Zully Palacios Rodriguez. (esb) (Entered: 02/07/2019)	RECAP
23	Feb. 22, 2019	NOTICE of Attorney Substitution by Owen C.J. Foster, AUSA as to Matthew Albence, Kirstjen Nielsen, United States of America, Ronald Vitiello(Foster, Owen) (Entered: 02/22/2019)	RECAP
24	Feb. 26, 2019	MOTION for Extension of Time to File Answer, MOTION for Extension of Time to File Joint Discovery Schedule filed by Matthew Albence, Kirstjen Nielsen, United States of America, Ronald Vitiello.(Balaban, Rachel) (Entered: 02/26/2019)	RECAP
25	Feb. 26, 2019	ORDER granting 24 MOTION for Extension of Time to Answer 22 Amended Complaint. Matthew Albence answer due 4/30/2019; Kirstjen Nielsen answer due 4/30/2019; United States of America answer due 4/30/2019; Ronald Vitiello answer due 4/30/2019; and granting 24 Motion for Extension of Time to File Joint Discovery Schedule. Joint Discovery Schedule due May 15, 2019. Signed by Chief Judge Geoffrey W. Crawford on 2/26/2019. (This is a text-only Order.) (jal) (Entered: 02/26/2019)	RECAP
26	Feb. 27, 2019	STIPULATED MOTION for Extension of Time to File Answer re 22 Amended Complaint filed by Wanda Minoli.(Gallagher, Kate) Modified on 3/1/2019 (jlh). (Entered: 02/27/2019)	RECAP
27	Feb. 27, 2019	ORDER granting 26 Motion for Extension of Time to Answer 22 Amended Complaint and for submission of the Discovery Schedule. Wanda Minoli answer due 4/1/2019. Signed by Chief Judge Geoffrey W. Crawford on 2/27/2019. (This is a text-only Order.) (jal) (Entered: 02/27/2019)	RECAP
28	March 26, 2019	MOTION for Appearance Pro Hac Vice of Max Wolson filed by Jose Enrique Balcazar Sanchez, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez. (Attachments: # 1 Declaration of Max Wolson, # 2 Certificate of Good Standing, # 3 Certificate of Service)(jlh) (Entered: 03/28/2019) 1 Declaration of Max Wolson View on PACER 2 Certificate of Good Standing View on PACER 3 Certificate of Service View on PACER	RECAP
29	March 26, 2019	MOTION for Appearance Pro Hac Vice of Sarah K. Pak filed by Jose Enrique Balcazar Sanchez, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez. (Attachments: # 1 Declaration of Sarah Kim Pak, # 2 Certificate of Good Standing, # 3 Certificate of Service)(jlh) (Entered: 03/28/2019) 1 Declaration of Sarah Kim Pak View on PACER 2 Certificate of Good Standing View on PACER 3 Certificate of Service View on PACER	RECAP
30	March 29, 2019	STIPULATED MOTION for Extension of Time to File Answer re 22 Amended Complaint filed by Wanda Minoli.(Gallagher, Kate) (Entered: 03/29/2019)	RECAP
31	April 2, 2019	ORDER granting 28 MOTION for Admission Pro Hac Vice of Max Wolson; granting 29 MOTION for Admission Pro Hac Vice of Sarah Kim Pak; and granting 30 MOTION for Extension of Time to File Answer re 22 Amended Complaint. Wanda Minoli answer due 5/31/2019. Signed by Chief Judge Geoffrey W. Crawford on 4/2/2019. (This is a text-only Order.) (jal) (Entered: 04/02/2019)	RECAP
	April 2, 2019	Order on Motion for Admission Pro Hac Vice
	April 2, 2019	Order on Motion for Extension of Time to Answer
32	April 18, 2019	SECOND MOTION for Extension of Time to File Answer and SECOND MOTION for Extension of Time to File Joint Discovery Schedule filed by Matthew Albence, Kirstjen Nielsen, United States of America, Ronald Vitiello.(Weinberg, Alex). (Main Document 32 replaced on 4/19/2019) (jlh). (Entered: 04/18/2019)	RECAP
33	April 18, 2019	NOTICE OF DOCKET ENTRY CORRECTION re: 32 SECOND MOTION for Extension of Time to File Answer and SECOND MOTION for Extension of Time to File Joint Discovery Schedule filed by Ronald Vitiello, Matthew Albence, Kirstjen Nielsen, United States of America. The document has been replaced to be in a format that complies with Local Rules. The corrected document is now attached to 32 as well as this entry. (jlh) (Entered: 04/18/2019)	RECAP
34	April 22, 2019	ORDER granting 32 MOTION for Extension of Time to Answer. Matthew Albence, Kirstjen Nielsen, United States of America and Ronald Vitiello answers due 5/31/2019; granting 32 MOTION for Extension of Time to File Joint Discovery Schedule. Joint Discovery Schedule due June 14, 2019. Signed by Chief Judge Geoffrey W. Crawford on 4/22/2019. (This is a text-only Order.) (jal) (Entered: 04/22/2019)	RECAP
	April 22, 2019	Order on Motion for Extension of Time to File
	April 22, 2019	Order on Motion for Extension of Time to Answer
35	May 17, 2019	MOTION to Withdraw as Attorney for Joshua A. Rosenthal filed by Jose Enrique Balcazar Sanchez, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez.(Rosenthal, Joshua) (Entered: 05/17/2019)	RECAP
36	May 17, 2019	ORDER granting 35 MOTION to Withdraw as Attorney for Joshua A. Rosenthal. Signed by Chief Judge Geoffrey W. Crawford on 5/17/2019. (This is a text-only Order.) (jal) (Entered: 05/17/2019)	RECAP
	May 17, 2019	Order on Motion to Withdraw as Attorney
37	May 29, 2019	STIPULATED MOTION for Extension of Time to File Answer filed by Wanda Minoli.(Gallagher, Kate) (Entered: 05/29/2019)	RECAP
38	May 30, 2019	ORDER granting 37 MOTION for Extension of Time to Answer. Wanda Minoli answer due 7/15/2019. Signed by Chief Judge Geoffrey W. Crawford on 5/30/2019. (This is a text-only Order.) (jal) (Entered: 05/30/2019)	RECAP
	May 30, 2019	Order on Motion for Extension of Time to Answer
39	May 31, 2019	ANSWER to 22 Amended Complaint by Matthew Albence, Kevin McAleenan, United States of America, Nathalie Asher.(Weinberg, Alex) Parties clarified on 6/3/2019 (law). (Entered: 05/31/2019)	RECAP
40	June 13, 2019	JOINT MOTION for Extension of Time to File a Discovery Schedule filed by Jose Enrique Balcazar Sanchez, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez.(Aycock, Amanda) (Entered: 06/13/2019)	RECAP
41	June 14, 2019	ORDER granting 40 MOTION for Extension of Time to File a Discovery Schedule. Time extended to July 26, 2019. Signed by Chief Judge Geoffrey W. Crawford on 6/14/2019. (This is a text-only Order.) (jal) (Entered: 06/14/2019)	RECAP
42	June 14, 2019	MOTION for Appearance Pro Hac Vice of Claudia Wilner filed by Jose Enrique Balcazar Sanchez, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez. (Attachments: # 1 Declaration of Claudia Wilner, # 2 Certificate of Good Standing, # 3 Certificate of Service)(jlh) (Entered: 06/19/2019) 1 Declaration of Claudia Wilner View on PACER 2 Certificate of Good Standing View on PACER 3 Certificate of Service View on PACER	RECAP
	June 14, 2019	Order on Motion for Extension of Time to File
43	June 24, 2019	STIPULATED MOTION for Extension of Time to File Answer re 22 Amended Complaint filed by Wanda Minoli.(Gallagher, Kate) (Entered: 06/24/2019)	RECAP
44	June 25, 2019	ORDER granting 42 MOTION for Admission Pro Hac Vice of Claudia Wilner; and granting 43 MOTION for Extension of Time to Answer 22 Amended Complaint. Wanda Minoli answer due 8/14/2019. Signed by Chief Judge Geoffrey W. Crawford on 6/25/2019. (This is a text-only Order.) (jal) (Entered: 06/25/2019)	RECAP
	June 25, 2019	Order on Motion for Admission Pro Hac Vice
	June 25, 2019	Order on Motion for Extension of Time to Answer
45	July 26, 2019	STIPULATED MOTION for Extension of Time to File Answer re 22 Amended Complaint filed by Wanda Minoli.(Gallagher, Kate) (Entered: 07/26/2019)	RECAP
46	July 26, 2019	JOINT MOTION for Extension of Time to File a Discovery Schedule filed by Jose Enrique Balcazar Sanchez, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez.(Aycock, Amanda) (Entered: 07/26/2019)	RECAP
47	July 29, 2019	ORDER granting 45 Motion for Extension of Time to Answer 22 Amended Complint. Wanda Minoli answer due 9/13/2019; granting 46 Motion for Extension of Time to File Discovery Schedule. Time extended to seven (7) business days after Answer received from Defendant Minoli. Signed by Chief Judge Geoffrey W. Crawford on 7/29/2019. (This is a text-only Order.) (jal) (Entered: 07/29/2019)	RECAP
	July 29, 2019	Order on Motion for Extension of Time to File
	July 29, 2019	Order on Motion for Extension of Time to Answer
48	Sept. 9, 2019	STIPULATED MOTION for Extension of Time to File Answer re 22 Amended Complaint filed by Wanda Minoli.(Gallagher, Kate) (Entered: 09/09/2019)	RECAP
49	Sept. 10, 2019	ORDER granting 48 MOTION for Extension of Time to Answer re 22 Amended Complaint. Wanda Minoli answer due 10/14/2019. Signed by Chief Judge Geoffrey W. Crawford on 9/10/2019. (This is a text-only Order.) (jal) (Entered: 09/10/2019)	RECAP
	Sept. 10, 2019	Order on Motion for Extension of Time to Answer
50	Oct. 7, 2019	STIPULATED MOTION for Extension of Time to File Answer filed by Wanda Minoli.(Gallagher, Kate) (Entered: 10/07/2019)	RECAP
51	Oct. 9, 2019	ORDER granting 50 MOTION for Extension of Time to Answer. Wanda Minoli answer due 11/14/2019. Signed by Chief Judge Geoffrey W. Crawford on 10/9/2019. (This is a text-only Order.) (jal) (Entered: 10/09/2019)	RECAP
	Oct. 9, 2019	Order on Motion for Extension of Time to Answer
52	Nov. 12, 2019	STIPULATED MOTION for Extension of Time to File Answer re 22 Amended Complaint filed by Wanda Minoli.(Gallagher, Kate) (Entered: 11/12/2019)	RECAP
53	Nov. 12, 2019	ORDER granting 52 MOTION for Extension of Time to Answer re 22 Amended Complaint. Wanda Minoli answer due 12/16/2019. Signed by Chief Judge Geoffrey W. Crawford on 11/12/2019. (This is a text-only Order.) (jal) (Entered: 11/12/2019)	RECAP
	Nov. 12, 2019	Order on Motion for Extension of Time to Answer
54	Dec. 12, 2019	STIPULATED MOTION for Extension of Time to File Answer re 22 Amended Complaint filed by Wanda Minoli.(Gallagher, Kate) (Entered: 12/12/2019)	RECAP
55	Dec. 12, 2019	ORDER granting 54 MOTION for Extension of Time to Answer. Wanda Minoli answer due 1/25/2020. Signed by Chief Judge Geoffrey W. Crawford on 12/12/2019. (This is a text-only Order.) (jal) (Entered: 12/12/2019)	RECAP
	Dec. 12, 2019	Order on Motion for Extension of Time to Answer
56	Jan. 16, 2020	REPORT of Early Neutral Evaluator. (Attachments: # 1 Certificate of Service)(Marks, Michael) (Entered: 01/16/2020) 1 Certificate of Service View on PACER	RECAP
57	Jan. 21, 2020	STIPULATION of Dismissal With Prejudice as to Wanda Minoli by Jose Enrique Balcazar Sanchez, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez (Ernst, Lia) Text clarified on 1/21/2020 (jlh). (Entered: 01/21/2020)	RECAP
58	Jan. 24, 2020	JOINT MOTION for Extension of Time to File a Discovery Schedule filed by Jose Enrique Balcazar Sanchez, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez.(Aycock, Amanda) (Entered: 01/24/2020)	RECAP
59	Jan. 27, 2020	ORDER granting 58 MOTION for Extension of Time to File a Discovery Schedule. Time extended to March 13, 2020. Signed by Chief Judge Geoffrey W. Crawford on 1/27/2020. (This is a text-only Order.) (jal) (Entered: 01/27/2020)	RECAP
	Jan. 27, 2020	Order on Motion for Extension of Time to File
60	March 12, 2020	JOINT MOTION for Extension of Time to File a Discovery Schedule filed by Jose Enrique Balcazar Sanchez, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez.(Aycock, Amanda) (Entered: 03/12/2020)	RECAP
61	March 13, 2020	ORDER granting 60 JOINT MOTION for Extension of Time to File a Discovery Schedule. Time extended to May 12, 2020. Signed by Chief Judge Geoffrey W. Crawford on 3/13/2020. (This is a text-only Order.) (jal) (Entered: 03/13/2020)	RECAP
	March 13, 2020	Order on Motion for Extension of Time to File
62	May 12, 2020	JOINT MOTION for Extension of Time to File a Discovery Schedule filed by Jose Enrique Balcazar Sanchez, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez.(Aycock, Amanda) (Entered: 05/12/2020)	RECAP
63	May 13, 2020	ORDER granting 62 MOTION for Extension of Time to File Discovery Schedule. Time extended to July 13, 2020. Signed by Chief Judge Geoffrey W. Crawford on 5/13/2020. (This is a text-only Order.) (jal) (Entered: 05/13/2020)	RECAP
	May 13, 2020	Order on Motion for Extension of Time to File
64	July 13, 2020	JOINT MOTION for Extension of Time to File a Discovery Schedule filed by Jose Enrique Balcazar Sanchez, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez.(Aycock, Amanda) (Entered: 07/13/2020)	RECAP
65	July 13, 2020	ORDER granting 64 MOTION for Extension of Time to File Discovery Schedule. Time extended to September 11, 2020. Signed by Chief Judge Geoffrey W. Crawford on 7/13/2020. (This is a text-only Order.) (jal) (Entered: 07/13/2020)	RECAP
	July 13, 2020	Order on Motion for Extension of Time to File
66	Sept. 11, 2020	JOINT MOTION for Extension of Time to File a Discovery Schedule filed by Jose Enrique Balcazar Sanchez, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez.(Aycock, Amanda) (Entered: 09/11/2020)	RECAP
67	Sept. 25, 2020	ORDER granting 66 MOTION for Extension of Time to File Discovery Schedule. Time extended to November 10, 2020. Signed by Chief Judge Geoffrey W. Crawford on 9/25/2020. (This is a text-only Order.) (jal) (Entered: 09/25/2020)	RECAP
	Sept. 25, 2020	Order on Motion for Extension of Time to File
68	Oct. 28, 2020	STIPULATION of Dismissal With Prejudice by Jose Enrique Balcazar Sanchez, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez (Ernst, Lia) (Entered: 10/28/2020)	RECAP
69	Dec. 18, 2020	MOTION to Withdraw as Attorney filed by Jose Enrique Balcazar Sanchez, Jose Victor Garcia Diaz, Migrant Justice, Zully Palacios Rodriguez.(Rebert, Trudy) (Entered: 12/18/2020)	RECAP
70	Dec. 18, 2020	ORDER granting 69 MOTION to Withdraw as Attorney. Signed by Chief Judge Geoffrey W. Crawford on 12/18/2020. (This is a text-only Order.) (jal) (Entered: 12/18/2020)	RECAP
	Dec. 18, 2020	Order on Motion to Withdraw as Attorney

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Case Details

State / Territory:

Vermont

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 14, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Migrant Justice is a non-profit, non-partisan organization that organizes and advocates for Vermont's immigrant farmworkers. Four individual members of Migrant Justice are also named plaintiffs in the suit.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Center for Constitutional Rights (CCR)

National Immigration Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Department of Homeland Security

U.S. Immigration and Customs Enforcement

United States

State

Vermont Department of Motor Vehicles

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674

Constitutional Clause(s):

Equal Protection

Freedom of speech/association

Other Dockets:

District of Vermont 5:18-cv-00192

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 120,000

Issues

General/Misc.:

Drivers Licenses

Racial profiling

Records Disclosure

Discrimination Area:

Disparate Impact

Discrimination Basis:

Immigration status

Race discrimination

Affected National Origin/Ethnicity(s):

Hispanic

Immigration/Border:

Detention - criteria

Detention - procedures

Undocumented immigrants - rights and duties

Undocumented immigrants - state and local regulation

Jails, Prisons, Detention Centers, and Other Institutions:

Placement in detention facilities

Policing:

False arrest

Recommended Citation

Case Summary of Migrant Justice v. Nielsen, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/16911/ (last updated 11/12/2020).