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plaintiffinjunctionmotionwillnonprofit

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Poder in Action v. City of Phoenix

Facts

Poder and ADAC are nonprofit organizations advocating for immigrants in Phoenix, and Ms. Galan Mejia is a DACA recipient. In response to the COVID-19 pandemic, the City of Phoenix received $293 million in federal funds and allocated $25.7 million to create a program to assist residents with utility and rental obligations. The program included eligibility criteria based on immigration status, which the plaintiffs argued was unlawful under federal law.

Poder and ADAC are nonprofit organizations that advocate on behalf of, and whose members include, immigrants and their families in Phoenix. (Doc. 24 �12-13.) Ms. Galan Mejia is a Phoenix resident and a Deferred Action for Childhood Arrivals ('DACA') recipient. ( Id. 14.)

Issue

Did the City of Phoenix violate federal law by including immigration-based eligibility restrictions in its COVID-19 Emergency Utility Rent and Mortgage Assistance Program?

Did the City of Phoenix violate federal law by including immigration-based eligibility restrictions in its COVID-19 Emergency Utility Rent and Mortgage Assistance Program?

Rule

A preliminary injunction is an extraordinary remedy that requires the movant to show a likelihood of success on the merits, irreparable harm, a favorable balance of equities, and that the injunction is in the public interest.

'A preliminary injunction is an extraordinary and drastic remedy, one that should not be granted unless the movant, by a clear showing, carries the burden of persuasion.' Lopez v. Brewer, 680 F.3d 1068, 1072 (9th Cir. 2012) (quotation omitted).

Analysis

The court determined that the plaintiffs did not establish a likelihood of success on the merits of their claim, as both parties presented plausible interpretations of the relevant federal law. The plaintiffs also failed to demonstrate irreparable harm, as the individual plaintiff did not show an imminent risk of eviction. Furthermore, the court noted that granting the injunction could deplete the funds available to others in need, which weighed against the plaintiffs' request.

The court determined that the plaintiffs did not establish a likelihood of success on the merits of their claim, as both parties presented plausible interpretations of the relevant federal law. The plaintiffs also failed to demonstrate irreparable harm, as the individual plaintiff did not show an imminent risk of eviction. Furthermore, the court noted that granting the injunction could deplete the funds available to others in need, which weighed against the plaintiffs' request.

Conclusion

The court denied the plaintiffs' motion for a preliminary injunction, concluding that they did not meet the necessary legal standards for such relief.

For these reasons, Plaintiffs' motion will be denied. This outcome should not, to be clear, be interpreted as a sign that Plaintiffs' challenge to the Program will ultimately fail.

Who won?

City of Phoenix prevailed in the case because the court found that the plaintiffs did not demonstrate a likelihood of success on the merits or irreparable harm.

City of Phoenix prevailed in the case because the court found that the plaintiffs did not demonstrate a likelihood of success on the merits or irreparable harm.

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