United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued March 6, 2020 Decided June 23, 2020 No. 19-5298 MAKE THE ROAD NEW YORK, ET AL., APPELLEES v. CHAD F. WOLF, ACTING SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY, IN HIS OFFICIAL CAPACITY, ET AL., APPELLANTS Appeal from the United States District Court for the District of Columbia (No. 1:19-cv-02369) Scott G. Stewart, Deputy Assistant Attorney General, U.S. Department of Justice, argued the cause for appellants. With him on the briefs was Erez Reuveni, Assistant Director, U.S. Department of Justice. Michael M. Hethmon was on the brief for amicus curiae Immigration Reform Law Institute in support of appellants. Anand Balakrishnan argued the cause for appellees. With him on the brief were Omar C. Jadwat, Michael Tan, Celso Perez, Trina Realmuto, Kristin Macleod-Ball, Karolina J. Walters, Stephen B. Kang, Julie Veroff, Arthur B. Spitzer, Scott 2 Michelman, Jonathan K. Youngwood, Susannah S. Geltman, Joshua Polster, and Adrienne V. Baxley. Xavier Becerra, Attorney General, Office of the Attorney General for the State of California, Antonette Benita Cordero, Laura Faer, Vilma Palma-Solana, Anthony Seferian, Deputy Attorneys General, Office of the Attorney General for the State of California, William Tong, Attorney General, Office of the Attorney General for the State of Connecticut, Clare Kindall, Solicitor General for the State of Connecticut, Clare E. Connors, Attorney General, Office of the Attorney General for the State of Hawaii, Kimberly Tsumoto Guidry, Solicitor General for the State of Hawaii, Aaron M. Frey, Attorney General, Office of the Attorney General for the State of Maine, Laura E. Jensen, Assistant Attorney General, Office of the Attorney General for the State of Maine, Philip J. Weiser, Attorney General, Office of the Attorney General for the State of Colorado, Eric R. Olson, Solicitor General for the State of Colorado, Kathleen Jennings, Attorney General, Office of the Attorney General for the State of Delaware, Christian Douglas Wright, Director of Impact Litigation, Office of the Attorney General for the State of Delaware, Kwame Raoul, Attorney General, Office of the Attorney General for the State of Illinois, Sarah A. Hunger, Deputy Solicitor General for the State of Illinois, Maura Healey, Attorney General, Office of the Attorney General for the Commonwealth of Massachusetts, Robert E. Toone, Assistant Attorney General, Office of the Attorney General for the Commonwealth of Massachusetts, Keith Ellison, Attorney General, Office of the Attorney General for the State of Minnesota, Kathryn Iverson Landrum, Assistant Attorney General, Office of the Attorney General for the State of Minnesota, Gurbir S. Grewal, Attorney General, Office of the Attorney General for the State of New Jersey, Glenn J. Moramarco, Assistant Attorney General, Office of the Attorney General for the State of New Jersey, Brian E. Frosh, 3 Attorney General, Office of the Attorney General for the State of Maryland, Adam D. Snyder, Deputy Chief of Litigation, Office of the Attorney General for the State of Maryland, Dana Nessel, Attorney General, Office of the Attorney General for the State of Michigan, Fadwa A. Hammoud, Solicitor ...
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