|
May 31, 2023
11th Circuit to rule soon on injunction of CBP parole policy; SCOTUS may be next; TX standing by
Since our last newsletter, Florida’s temporary restraining order of the “Parole with Conditions” policy was converted into a preliminary injunction prohibiting CBP from enforcing that policy while the case proceeds to final judgment. The Biden Administration immediately appealed that decision to the Eleventh Circuit, and at the same time asked for an emergency stay (pause) of the preliminary injunction pending full resolution of the appeal. That emergency stay motion was fully briefed last week, and a decision is expected at any time. Whichever side loses on that stay motion could then petition the Supreme Court for relief (via the so-called “shadow docket”).
Meanwhile, Texas continues to try to enlarge its case against the CHNV parole pathways—which will go to trial later than the original June date—to add unrelated claims to the same Parole with Conditions policy. Texas could have already filed that lawsuit anywhere within its borders, but currently the only way for Texas to specifically pick Judge Tipton to hear its challenge to the CBP policy is to get his permission to tack it onto a case that is already before him. Texas’s request will be fully briefed by next week.
DACA oral argument tomorrow; decision could come soon but won’t change status quo
Elsewhere in Texas: tomorrow morning in Houston, Judge Hanen will hear oral argument in the DACA case, in which briefing concluded a few weeks ago. Judge Hanen could issue a decision resolving the case (at the district court level) anytime thereafter. Regardless of how he rules, however, the status quo as it has existed for nearly two years should continue: DACAmented individuals can continue filing renewal applications, but the federal government cannot grant new applications.
New TX lawsuit re CBP One app aims to take down . . . Biden’s asylum ban?
As previously reported, immigrants’ rights advocates have already sued over Biden’s shameful asylum ban regulation. Last week, another lawsuit was filed—this one by Texas. As explained more on our case page, Texas does not like that the asylum ban has a narrow (and tightly controlled) path for some migrants to use the CBP One app to make an appointment to come to a port of entry and apply for asylum. There are many legitimate bases for criticizing this use of a smartphone app, but Texas’s assertion that it unlawfully “encourages and incentivizes” migrants “to cross the border unlawfully” is not one of them. Nonetheless, if Texas can persuade its chosen judge otherwise, it wants the same thing that the advocates do in the other case: vacatur of Biden’s asylum ban in its entirety.
* * * * *
As always, we’ll keep you posted on these and other cases.
Thanks for reading,
Laura Flores
Skadden Fellow
| 
