Though not part of our traditional litigation tracking efforts, you should know that the Supreme Court heard oral argument in Patel v Garland earlier this week. Shoba Sivaprasad Wadhia has this write up on the case in SCOTUSblog.

Remain in Mexico/MPP
Remain in Mexico was rolled out once again on December 6, ostensibly in accordance with a federal district court order that the Biden administration make a “good faith” effort to revive it. But as we’ve said before, this is bogus.

The Biden administration has written a new memo that would terminate the program, and on November 2, the Fifth Circuit Court of Appeals heard oral argument on the matter. We are awaiting a decision from the court to determine whether the new memo renders the old order mandating a revival of Remain in Mexico invalid.

ICE Enforcement Priorities
More bad news out of the Fifth Circuit, which last week took the unusual step of setting aside a Fifth Circuit panel’s block on a district court order against the Biden administration, which sought to create new enforcement priorities.

Karen Tumlin has a helpful tweet thread explainer here, but the move will surely lead to confusion within the agency, which also issued new, permanent guidance recently.
Texas has also asked the district court to block the new memo, and we will see what transpires from that effort. 

Title 42
Texas’s anti-immigrant efforts continue in their challenge to the (meager) exceptions the Biden administration created in the most recent iteration of Title 42. The state wants a court to force Biden to eliminate the Biden administration’s ability to exclude certain vulnerable people. Title 42 remains an expulsion measure masquerading as a public health order, and the Biden administration should get rid of it entirely. 

As always, you can find more detail about all the cases we’re following in our detailed tracker here.

Thanks for reading!