Dear Karen,

While we wait for the Supreme Court to issue a decision regarding the fate of Remain in Mexico (which could come as early as Tuesday or Thursday next week), below are some updates on other red state challenges to immigrant inclusive policies. As always, our Litigation Tracker Microsite contains more information about these and other cases we are tracking, as well as an archive of our past newsletters.

View Litigation Tracker

Updates: June 17, 2022

Judge Tipton enters judgment for Texas & Louisiana, vacates Sept. 2021 ICE enforcement priorities memo; DOJ seeks a stay from the Fifth Circuit

Last Friday, Judge Tipton entered final judgment for Texas and Louisiana in their challenge to immigration enforcement guidance that set out criteria and guidelines for ICE agents to consider when prioritizing cases for enforcement and deportation (in general, the criteria prioritizes cases presenting national security or public safety threats).  Judge Tipton held that the memorandum contradicts directives in the Immigration and Nationality Act (INA) regarding the arrest and detention of certain noncitizens and that it did not adhere to procedures required by the Administrative Procedure Act. Last year, Judge Tipton preliminarily enjoined (blocked) prior versions of this guidance, and so his decision to vacate (void) the guidance at final judgment is no surprise. Crucially, however, Judge Tipton denied the states’ request to affirmatively order the federal government to arrest and detain noncitizens meeting particular criteria. 

Judge Tipton’s order vacating the guidance does not go into effect until June 24, and the Biden Administration has requested that the Fifth Circuit Court of Appeals stay (pause) his order while their full appeal of it proceeds. The Fifth Circuit ordered Texas and Louisiana to respond to that request by June 22, and thus seems prepared to rule on it by June 24. We will keep you updated.

Fifth Circuit denies Innovation Law Lab’s request to narrow injunction of Title 42 termination

Earlier this month, after it became clear that the Biden Administration would not be seeking a stay (pause) of the preliminary injunction of Title 42’s termination, the Portland-based nonprofit Innovation Law Lab (which has sought to intervene in the lawsuit as a defendant) requested that the Fifth Circuit effectively narrow the preliminary injunction to just the 24 Plaintiff States, by staying (pausing) its application to the rest of the country. The Plaintiff States and the Biden Administration opposed the request, and yesterday the Fifth Circuit denied the request in a one-line order.

Indiana files first solo anti-immigrant suit, wants more asylum seekers detained

Last week, Indiana’s Attorney General sought more attention for his own anti-immigrant actions by filing the State’s first solo lawsuit targeting an immigrant inclusive policy of the Biden Administration. In its suit, Indiana v. Biden, Indiana attacks the Administration for using statutory authority to “parole” individual asylum seekers out of detention when there is insufficient space to detain them—just like the prior administrations did, including that of Donald Trump. Indiana’s lawsuit is very similar to an earlier case filed by Florida, in which the district court denied the Biden Administration’s motion to dismiss last month.

As always, thanks for reading—and please join us in hoping for a favorable ruling in Biden v. Texas...

Tasha Moro

Communications Director

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