UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD, et al., Plaintiffs, v. Civil Action No. 1:20-cv-00852 (CJN) EXECUTIVE OFFICE OF IMMIGRATION REVIEW, et al., Defendants. MEMORANDUM OPINION Plaintiffs are five aliens and three organizations whose members represent aliens and other litigants in immigration proceedings. They challenge immigration court and detention facility policies that the government has implemented in response to the COVID-19 pandemic, see generally Compl., ECF No. 1, and have moved for preliminary injunctive relief, see generally Emergency Mot. for TRO, ECF No. 7. For the reasons that follow, the Court denies Plaintiffs’ Motion. I. Background A. COVID-19 Pandemic On March 11, 2020, the World Health Organization (WHO) declared COVID-19, a disease caused by the novel coronavirus SARS-CoV-2, a pandemic. Decl. of Ashish K. Jha, MD, MPH ¶ 4, ECF No. 7-28. In the pandemic’s wake, governments have declared states of emergency, restricted public gatherings, and imposed other orders to control the spread of the disease. Compl. ¶ 1. By early April, forty-two states, the District of Columbia, and Puerto Rico had issued stay-at-home orders. Marisa Fernandez, More States Issue Stay-At-Home Orders as 1 Coronavirus Crisis Escalates, Axios (Apr. 6, 2020), https://www.axios.com/states-shelter-in- place-coronavirus-66e9987a-a674-42bc-8d3f-070a1c0ee1a9.html. At the federal level, President Trump declared the COVID-19 outbreak a national emergency on March 13, and his Coronavirus Task Force and the Centers for Disease Control and Prevention (CDC) have issued guidance to slow the spread of the disease. Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak, Proclamation No. 9994, 85 Fed. Reg. 15,337, 15,337–38 (Mar. 13, 2020); see also Rebecca Ballhaus et al., White House Extends Social-Distancing Guidelines Until End of April, Wall St. J. (Mar. 30, 2020, 6:27 AM), https://www.wsj.com/articles/coronavirus-deaths-top-30-000-as-china-opens-up-province-where- it-began-11585466594. COVID-19 is highly contagious. Compl. ¶ 25. It is known to be transmitted via respiratory droplets, and the transmissivity increases when individuals are within six feet of one another. Id. Further, individuals can transmit the disease despite appearing asymptomatic. Id. Once contracted, the disease can result in severe symptoms, including respiratory and kidney failure, and in the most severe cases can cause death. See id. ¶ 26. Some members of the population, including older individuals and those with certain medical conditions, face greater risk of these serious symptoms. Id. ¶ 27. It appears that, at this point in time, the only effective measures to reduce the spread of COVID-19 are to socially distance and to maintain vigilant hygiene, including regularly washing hands with soap and water and use of hand sanitizer when soap and water is not available. See id. ¶ 31; CDC, How to Protect Yourself & Others, https://www.cdc.gov/coronavirus/2019- ncov/prevent-getting-sick/prevention.html (last reviewed Apr. 24, 2020). The CDC has warned that courthouses, prisons, and detention centers are especially vulnerable to the rapid spread of 2 COVID-19. Compl. ¶ 35. In fact, the virus has already made its way into some detention facilities and prisons, including those run by Immigration and Customs Enforcement (ICE), as well as some immigration courts around ...
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