[ARCHIVED - September 2025]
This is an appeal of several dispositive orders from Judge McFadden in the district court of D.C., CHIRLA v. DHS (Registration Rule) - District Court. Plaintiffs are four membership-based non profit organizations––Coalition for Humane Immigrant Rights (“CHIRLA”), United Farm Workers of America (“UFW”), CASA, and Make the Road New York (“MRNY”)––challenging the interim final rule issued by DHS, the “show me your papers” rule, that requires noncitizens to register with the federal government and carry proof of their registration at all times or else face a criminal prosecution in the form of a fine or time in jail. Plaintiffs argue that rule failed to go through the required procedures when announcing its plans to enforce the rule, failed to solicit and address public comments about the process (which as written Plaintiffs allege is confusing and will lead to widespread chaos), and is otherwise unlawful and will irreparably harm Plaintiff organizations and their members.
First, Plaintiffs appealed the district court’s denial of their motion for a stay or preliminary injunction (25-5152). Second, Plaintiffs appealed the district court’s denial of their motion for an injunction pending appeal of the case (25-5233). Lastly, Plaintiffs appealed the denial of their renewed motion for a stay or injunction (25-5247).
On July 11, 2025, the panel consolidated the latest appeal with Plaintiffs’ first two appeals, and ordered the government to respond to Plaintiffs’ supplemental motion for a stay or injunction pending appeal in 25-5152. Briefing on this will conclude by July 28, 2025.
Technical Summary
Plaintiffs allege that the interim final rule violates the APA under 5 U.S.C. §§ 553, 706(2)(D) for failing to go through the required notice-and-comment procedures, and 5 U.S.C. § 706(2)(A) for being arbitrary and capricious.
