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State of New York v. Wolf

DHS Decision Suspending New Yorkers' Enrollment in CBP's TTP Programs Was Arbitrary

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ADDITIONAL CASES R. L’Heureux Lewis-McCoy et al., on behalf of themselves and all similarly situated individuals, Plaintiffs, v. Chad F. Wolf, in his official capacity as Acting Secretary of Homeland Security, et al., Defendants; 20-CV-1142 OPINION AND ORDER   Plaintiffs in these two lawsuits challenge a decision of the U.S. Department of Homeland Security (“DHS”) to suspend the eligibility of all New York residents to enroll or re-enroll in the Trusted Traveler Programs (“TTPs”) operated by U.S. Customs and Border Protection (“CBP”). DHS’s decision (the “TTP Decision”) was announced in a February 5, 2020 letter authored by Defendant Chad Wolf, purportedly the Acting Secretary of Homeland Security. See ECF No. 75-1 (“AR”), at 1-3.1 Plaintiffs — the State of New York (“New York”) and a since-certified class of New Yorkers — sued a few days later, alleging that DHS’s decision violates the Fifth and Tenth Amendments of the United States Constitution, as well as provisions of the Administrative Procedure Act (“APA”), 5 U.S.C. §§701 et seq. See ECF No. 1 (“New York Compl.”),

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