Dear {First Name},

See below for recent updates and upcoming decisions in red state challenges to immigrant inclusive policies.  As always, you can find more information about these and other cases in our Litigation Tracker Microsite which now includes a Glossary defining common legal terms. We hope it’s useful! 

View Litigation Tracker

Ohio judge gives Arizona and Montana second bite at the apple, grants request to block ICE enforcement guidance, which also faces continued attack in Texas 

Last week Judge Newman of the Southern District of Ohio issued a preliminary injunction blocking (nationwide) certain applications of the Biden Administration’s immigration enforcement guidance.  Judge Newman held that the plaintiffs—the States of Arizona, Montana, and Ohio—were likely to succeed on their claim that the guidance is inconsistent with immigration law and violated the procedural requirements of the Administrative Procedure Act.   

If you’re wondering why Arizona and Montana are litigating this case in Ohio: they already lost a very similar lawsuit they previously filed in Arizona.  By tacking the State of Ohio onto the complaint, Arizona and Montana were able to sidestep the effects of their prior loss and to secure a more favorable judge.  Yesterday, the federal government noticed an appeal of Judge Newman’s decision. 

Meanwhile, a two-day bench trial recently concluded in Texas’s parallel challenge to the same guidance before Judge Tipton in the Southern District of Texas, who preliminarily enjoined (blocked) the prior version of the ICE enforcement guidance last year.  Final post-trial briefs are due to Judge Tipton on April 1, and he is expected to issue a decision relatively soon thereafter. 

Texas and Missouri shift fight over border wall to the Fifth Circuit Court of Appeals 

As we previously reported, the Supreme Court’s February announcement that it would hear the Remain in Mexico appeal this term has resulted in several other cases being stayed (paused), given the likelihood that the Supreme Court’s decision will decide legal issues that are also present in the now-stayed cases.  One such case is Missouri and Texas’s challenge to the cessation of border wall construction, which was stayed in late February.  When it was stayed, the States’ motion for a preliminary injunction and the federal government’s motion to dismiss were both pending. 

Texas and Missouri have appealed the order staying the case to the Fifth Circuit, arguing that it is the functional equivalent of denying their motion for a preliminary injunction.  Texas and Missouri have also requested that the Fifth Circuit itself issue an injunction of border wall construction while the appeal proceeds.  The States have asked that the Fifth Circuit rule on their request by April 4. 

CAM applicants seek to intervene to defend Central American Minors program 

Last week, four Central American parents currently seeking to be reunited with their children through the CAM program filed a motion to intervene as defendants in Texas’s challenge to that program.  If the Court grants their motion, the parents would be permitted to make arguments in defense of CAM on the same footing as the Biden Administration.  Texas’s request to have the case re-assigned to a more favorable judge (on which we previously reported) was denied earlier today. 

As always, thanks for reading!  

Esther Sung

JAC Legal Director

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