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Deide v. Day

New Executive Orders Raise Constitutional Issues Distinct From Those in FAC

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OPINION & ORDER Plaintiffs Sidi Mouhamed Deide, Adama Sy, Abdallahi Salem, and Mouhamed Said Maloum Din (hereinafter, “Plaintiffs”), on behalf of themselves and a putative class, filed the instant action against Defendants Edwin J. Day, the Rockland County Executive (hereinafter, the “Rockland County Defendant”) and Steven M. Neuhaus, the Orange County Executive (hereinafter, the “Orange County Defendant”, and, together with Rockland County Defendant, the “Defendants”) challenging Defendants’ efforts to exclude them from traveling to and residing within their counties, including through the issuance of emergency declarations and executive orders (“EOs”). (First Amended Complaint (“FAC”), ECF No. 11.) Defendants move to dismiss Plaintiffs’ FAC for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure. (“Motion to Dismiss”, ECF No. 96.) In parallel, Plaintiffs move for class certification. (“Motion for Class Certification”, ECF No. 88.) For the following reasons, the Motion to Dismiss is GRANTED and, as a result, the Motion for Class Certification is DENIED as moot. BACKGROUND I. Factual Background The following facts are taken from the FAC and assumed to be true for the purposes of the Motion to Dismiss, as well as from the parties’ submissions. In early May 2023, the Defendants declared local states of emergency in response to the intention of migrants and asylum seekers to relocate to Rockland and Orange counties as part of a voluntary New York City-funded program. At the same time, the Defendants issued EOs to address this purported emergency, placing restrictions on the migrants and asylum seekers’ ability to travel to and find shelter within the Defendants’ counties. (See FAC Ex. 1 (Rockland County EO); Ex. 2 (Orange County EO).) The EOs explicitly referenced the influx of “migrants” and “asylum seekers” into the counties. (See id.

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