UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA C.G.B. 1, et al., Plaintiffs, v. Case No. 20-cv-1072 (CRC) CHAD WOLF, et al., Defendants. MEMORANDUM OPINION Plaintiffs, ten transgender women in the custody of Immigration and Customs Enforcement (“ICE”), have sued the Secretary of Homeland Security and the Attorney General of the United States based on their roles in overseeing the nation’s civil immigration detention system. Asserting that their continued detention during the COVID-19 pandemic violates the Constitution and the Administrative Procedure Act (“APA”), Plaintiffs seek an order directing ICE to immediately release all transgender civil detainees across the country and not to detain any additional transgender immigrants until the pandemic ends. Before the Court are: (1) a motion to certify a class of all transgender detainees held in ICE custody, now and in the future; (2) a motion to join two new named Plaintiffs; and (3) an emergency motion for a temporary restraining order. For the reasons that follow, the Court denies all three motions. 1 In order to protect Plaintiffs’ privacy, the Court will refer to all named plaintiffs by their preferred acronyms. I. Background A. COVID-19 Pandemic The details of the COVID-19 pandemic are by this point well-known. COVID-19 is a contagious disease caused by the novel coronavirus SARS-CoV-2. Decl. of R. Nick Gorton (“Gorton Decl.”) ¶ 3, Pl. Mot. for Temporary Restraining Order (“TRO Mot.”), Exh. 14. Although the virus only emerged in early 2020, by March the President of the United States had declared a national state of emergency and the World Health Organization had declared a global pandemic. As of June 1, 2020, there have been 1,761,503 diagnosed cases of COVID-19 and 103,700 deaths in the United States alone. Centers for Disease Control and Prevention (“CDC”), Cases in the U.S. (June 1, 2020). 2 Symptoms of COVID-19 vary considerably between individuals. Some who are infected do not display any noticeable symptoms. Gorton Decl. ¶ 6. Others experience fevers, coughs, difficulty breathing, and body aches, although the severity of those symptoms varies. Id. ¶ 4. In a minority of individuals, however, COVID-19 results in serious illness or death. Id. The CDC has identified certain factors that are associated with an increased risk of becoming severely ill: being 65 years old or older, having an underlying medical condition such as a chronic lung disease or serious heart condition, and having a compromised immune system. CDC, People Who Are at Higher Risk for Severe Illness (Apr. 15, 2020). 3 Relevant here, being transgender is 2 https://www.cdc.gov/coronavirus/2019-ncov/cases-updates/cases-in-us.html. 3 https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-at-higher- risk.html. 2 not one of the CDC-recognized risk factors. See id.; Decl. of Captain Edith Lederman, M.D. (“Lederman Decl.”) ¶ 10, TRO Opp., Exh. 8. COVID-19 is highly contagious. It spreads primarily through person-to-person contact, when people are within six feet of one another. See CDC, How to Protect Yourself & Others (Apr. 15, 2020). 4 When infected people cough, sneeze, or talk, they produce airborne respiratory droplets that may be inhaled by others standing nearby. Id. People may ...
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