Case: Texas v. United States

6:21-cv-00003 | U.S. District Court for the Southern District of Texas

Filed Date: Jan. 22, 2021

Closed Date: May 24, 2021

Clearinghouse coding complete

Case Summary

Shortly after President Joe Biden's inauguration on January 20, 2021, Acting Homeland Security Secretary David Pekoske issued a memorandum ordering U.S. Immigration and Customs Enforcement ("ICE") to halt most deportations from the United States for 100 days. The 100-day pause was intended to allow time for ICE to overhaul its enforcement priorities and focus its efforts on threats to national security, public safety, and border security. The 100-day pause did not apply to individuals who arriv…

Two days later, Texas Attorney General Ken Paxton filed this lawsuit against the United States, Acting Secretary Pekoske, and various federal agencies in the U.S. District Court for the Southern District of Texas to try and block the 100-day pause on deportations. Texas sought a declaration that the memorandum was unlawful, a preliminary and permanent injunction preventing the defendants from implementing the memorandum, and attorney's fees and costs. Texas alleged that the 100-day pause violated an agreement Paxton and Texas Governor Greg Abbott signed with former Acting Deputy Homeland Security Secretary Ken Cuccinelli that required the federal government to provide six months' notice and consult with Texas before taking action that could reduce immigration enforcement or increase the number of noncitizens who were removable or inadmissible in the United States. Paxton and Abbott signed this agreement days before President Biden's inauguration. Texas also argued that the 100-day pause violated the Take Care Clause of the Constitution because it directed the executive to not enforce the law.

In addition, Texas alleged that the 100-day pause violated the Administrative Procedure Act in several different ways. First, Texas argued that the 100-day pause violated the APA because the pause would prevent DHS from complying with 8 U.S.C. § 1231(a)(1)(A), a provision of the Immigration and Nationality Act. Section 1231 provides that “when [a noncitizen] is ordered removed, the Attorney General shall remove the [noncitizen] from the United States within a period of 90 days.” Texas argued that this created a 90-day deadline for removals to occur and that a 100-day pause in removals would necessarily cause DHS to go beyond this deadline. Second, Texas argued that the pause violated the APA because it was arbitrary and capricious. Texas alleged that the 100-day pause represented a sharp departure from previous policy but that the memorandum failed to explain the change or consider the harm halting removals would cause. Third, Texas alleged that the 100-day pause was a legislative rule requiring notice and comment under the APA. Lastly, Texas argued that the 100-day pause prevented DHS from enforcing immigration laws and was ultra vires because it exceeded the authority DHS could delegate.

The case was assigned to Judge Drew B. Tipton.

Immediately, Texas filed a motion for a temporary restraining order. Texas argued that the 100-day pause would irreparably harm Texas by increasing the amount of money the state would have to spend on services such as education, healthcare, and social services if the federal government stopped removals. After a hearing on the motion, Texas filed a notice on January 24, 2021 citing a Fox News report claiming that ICE was releasing all noncitizens from detention in Texas. The defendants responded that this was not the case, but that ICE had released a group of noncitizens pursuant to an injunction in Fraihat that required class members with specified COVID risk factors to be released.

The ACLU and ACLU of Texas filed an amicus brief in support of the defendants. They argued that the agreement between Texas and the federal government was unenforceable, that Texas lacked standing, and that Texas could not demonstrate irreparable harm.

Judge Tipton granted the temporary restraining order on January 26, 2021. 515 F. Supp. 3d 627. The temporary restraining order suspended the 100-day pause nationwide for 14 days. Judge Tipton made clear that the order was not based on the agreement between Texas and the federal government signed just before President Biden's inauguration. He stressed that the issues raised by the agreement with Texas were "of such gravity and constitutional import that they require further development of the record and briefing prior to addressing the merits." Instead, Judge Tipton based the order on Texas's claims under the APA. As a preliminary matter, Judge Tipton held that Texas had standing to sue due to the alleged financial harm that the 100-day pause would cause to the state. On the merits, Judge Tipton found that Texas was likely to succeed on at least two of its claims under the APA: that the 100-day pause violated Section 1231 and that the defendants arbitrarily and capriciously departed from previous policy. He also found that Texas demonstrated it would suffer irreparable harm because of the financial costs of additional social services. Finally, he found that the threat of injury to Texas outweighed any harm to the defendants and the temporary restraining order served the public interest.

Two days later, FIEL Houston and the Refugee and Immigrant Center for Education and Legal Services ("RAICES"), represented by ACLU national, the ACLU of Texas, and the ACLU Immigrant Rights' Project, filed an emergency motion to intervene as defendants in the case. The two organizations' members and clients include noncitizens at risk of deportation and other adverse consequences if Texas were to succeed in this lawsuit. The organizations requested the Court permit them to intervene to protect the interest of their clients by providing their expertise on the immigration system and their perspective on impacted communities. Judge Tipton granted the organizations permission to intervene on February 6, 2021. 2021 WL 411441. He found that FIEL Houston's and RAICES' motion was timely, that there would be no undue delay or prejudice by permitting intervention, and that they asserted defenses that shared a common question of law and fact with the lawsuit. Judge Tipton noted how both the intervenors and the defendants challenged Texas's standing to bring the suit and the enforceability of the agreement between DHS and Texas. Finally, the Court found that the organizations had interests that the federal defendants may not adequately represent because the federal defendants' arguments would focus on expansive executive authority whereas the intervenors' would focus on the effect of the pause on individuals subject to a final order of removal.

On February 5, 2021, Texas filed a motion for a preliminary injunction. Texas argued that they were likely to succeed on their APA claims, their argument that the January 20 Memorandum violated the Take Care Clause, and their argument that DHS violated its Agreement to notify and consult Texas. Texas also pointed to the brevity of the administrative record filed by the defendants on February 3, 2021. They argued that this demonstrated the defendants failed to consider alternative possible policies and therefore acted arbitrarily and capriciously. In addition, Texas repeated their arguments from the TRO motion that they would suffer irreparable harm by increasing the amount of money Texas would have to spend on mandated social services.

Texas also sought a 14-day extension of the temporary restraining order. The Court granted the extension to give the parties time to develop the record and because the briefing for the preliminary injunction extended beyond the initial temporary restraining order.

On February 23, 2021 the court granted Texas's motion for a preliminary injunction. 524 F. Supp. 3d 598. The court held that Texas would likely succeed on its claims that the 100-day pause violated the APA because it 1) was not in accordance with law and exceeded statutory authority, as it contradicted Section 1231, 2) was arbitrary and capricious due to the lack of clear explanation or factual record, and 3) violated notice-and-comment requirements because it was not a policy statement or procedural rule (which would be exempt from such requirements). The court also held that Texas had shown it would likely suffer irreparable financial harm from the policy. Finally, the court held that the policy would harm Texas more than the injunction would harm the defendants, and that an injunction was in the public interest.

On May 20, 2021 the parties stipulated to dismissal and the court dismissed the case four days later. In their stipulation the parties asserted that the 100-day pause had already expired and that the defendants had no intentions to reinstate it.

This case is closed.

Summary Authors

Emily Kempa (2/10/2021)

Rhea Sharma (5/3/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/37251318/parties/state-of-texas-v-united-states-of-america/

Judge(s)

Attorney for Plaintiff

Disher, Todd Lawrence (Texas)

Attorney for Defendant

Bowen, Brigham J. (District of Columbia)

Boynton, Brian M (District of Columbia)

Cuccinelli, Kenneth T. II (Virginia)

Expert/Monitor/Master/Other

Amdur, Spencer E. W. (California)

Judge(s)

Gilmore, Vanessa D. (Texas)

Tipton, Drew Barnett (Texas)

Attorney for Plaintiff

Disher, Todd Lawrence (Texas)

Paxton, Ken (Texas)

Sweeten, Patrick Kinney (Texas)

Thompson, William Thomas (Texas)

Walters, Ryan Daniel (Texas)

Webster, Brent (Texas)

Attorney for Defendant

Bowen, Brigham J. (District of Columbia)

Boynton, Brian M (District of Columbia)

Cuccinelli, Kenneth T. II (Virginia)

Flentje, August E. (District of Columbia)

Hu, Daniel David (Texas)

Kirschner, Adam D. (District of Columbia)

Knapp, Michael Fraser (District of Columbia)

Rosen-Shaud, Brian C (District of Columbia)

Other

Amdur, Spencer E. W. (California)

Fajana, Morenike (New York)

Huddleston, Kathryn (Texas)

Jadwat, Omar C. (New York)

Joseph, Lawrence J (District of Columbia)

Reade, William F. (Texas)

Segura, Andre (Texas)

Tan, Michael K. T. (New York)

Wofsy, Cody H. (California)

Woodwark, Lorraine Glynis (District of Columbia)

Wu, Steven C. (New York)

Zafar, Noor (New York)

Zimolong, Walter S (Pennsylvania)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

6:21-cv-00003	Docket [PACER]	Feb. 9, 2021	Feb. 9, 2021 Docket
1 6:21-cv-00003	Complaint	Jan. 22, 2021	Jan. 22, 2021 Complaint
1-1 6:21-cv-00003	Exhibit A: Agreement Between Department of Homeland Security and the State of Texas State of Texas v. United States of America	Jan. 22, 2021	Jan. 22, 2021 Settlement Agreement
1-2 6:21-cv-00003	Exhibit B: Review of and Interim Revision to Civil Immigration Enforcement and Removal Policies and Priorities [Memorandum] State of Texas v. United States of America	Jan. 22, 2021	Jan. 22, 2021 Other
13 6:21-cv-00003	Amicus Brief in Support of Defendants State of Texas v. United States of America	Jan. 22, 2021	Jan. 22, 2021 Pleading / Motion / Brief
1-3 6:21-cv-00003	Exhibit C: Re: DHS’s Unlawful “Pause on Removals” State of Texas v. United States of America	Jan. 22, 2021	Jan. 22, 2021 Other
6 6:21-cv-00003	Advisory Regarding Court's Question State of Texas v. United States of America	Jan. 24, 2021	Jan. 24, 2021 Pleading / Motion / Brief
14 & 14-1 6:21-cv-00003	Notice State of Texas v. United States of America	Jan. 25, 2021	Jan. 25, 2021 Pleading / Motion / Brief
9 6:21-cv-00003	Defendants' Response to Plaintiff's Advisory State of Texas v. United States of America	Jan. 25, 2021	Jan. 25, 2021 Pleading / Motion / Brief
16 6:21-cv-00003	Order Granting Plaintiff's Emergency Application for a Temporary Restraining Order State of Texas v. United States of America	Jan. 26, 2021	Jan. 26, 2021 Order/Opinion 515 F.Supp.3d 627

show / hide documents

Docket

See docket on RECAP: https://www.courtlistener.com/docket/37251318/state-of-texas-v-united-states-of-america/

Last updated June 28, 2026, 4:57 a.m.

ECF Number	Date	Description	Link
1	Jan. 22, 2021	COMPLAINT against All Defendants (Filing fee $ 402 receipt number 0541-25845607) filed by State of Texas. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(Thompson, William) (Entered: 01/22/2021) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP 3 Exhibit C View on RECAP 4 Civil Cover Sheet View on PACER	RECAP
1	Jan. 22, 2021	COMPLAINT against All Defendants (Filing fee $ 402 receipt number 0541-25845607) filed by State of Texas. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(Thompson, William) (Entered: 01/22/2021)	RECAP
2	Jan. 22, 2021	MOTION for Temporary Restraining Order by State of Texas, filed. Motion Docket Date 2/12/2021. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Proposed Order)(Thompson, William) (Entered: 01/22/2021) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP 3 Exhibit C View on RECAP 4 Exhibit D View on RECAP 5 Exhibit E View on RECAP 6 Proposed Order View on RECAP	RECAP
2	Jan. 22, 2021	MOTION for Temporary Restraining Order by State of Texas, filed. Motion Docket Date 2/12/2021. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Proposed Order)(Thompson, William) (Entered: 01/22/2021)	RECAP
3	Jan. 22, 2021	NOTICE of Setting. Parties notified. Motion Hearing set for 1/22/2021 at 04:00 PM before Judge Drew B Tipton, filed. All parties to appear by Zoom. Join ZoomGov Meeting (New link for the month of January):https://www.zoomgov.com/j/1610093418?pwd=SWY3VnQ4NnlkOE1nbkJOQ3M3VWpqQT09 Dial by your location +1 669 254 5252 US (San Jose) +1 646 828 7666 US (New York) Meeting ID: 161 009 3418 Passcode: 714482Per L.R. 83.7 Except by leave of the presiding judge, no photo- or electro-mechanical means of recordation or transmission of court proceedings is permitted. (KelliePapaioannouadi, 2) (Entered: 01/22/2021)	RECAP
3	Jan. 22, 2021	NOTICE of Setting. Parties notified. Motion Hearing set for 1/22/2021 at 04:00 PM before Judge Drew B Tipton, filed. All parties to appear by Zoom. Join ZoomGov Meeting (New link for the month of January):https://www.zoomgov.com/j/1610093418?pwd=SWY3VnQ4NnlkOE1nbkJOQ3M3VWpqQT09 Dial by your location +1 669 254 5252 US (San Jose) +1 646 828 7666 US (New York) Meeting ID: 161 009 3418 Passcode: 714482Per L.R. 83.7 Except by leave of the presiding judge, no photo- or electro-mechanical means of recordation or transmission of court proceedings is permitted. (KelliePapaioannouadi, 2) (Entered: 01/22/2021)	RECAP
4	Jan. 22, 2021	MOTION for Leave to File Amicus Brief by ACLU Foundation of Texas, Inc., filed. Motion Docket Date 2/12/2021. (Attachments: # 1 Exhibit Amicus Brief, # 2 Proposed Order)(Segura, Andre) (Entered: 01/22/2021)	RECAP
4	Jan. 22, 2021	MOTION for Leave to File Amicus Brief by ACLU Foundation of Texas, Inc., filed. Motion Docket Date 2/12/2021. (Attachments: # 1 Exhibit Amicus Brief, # 2 Proposed Order)(Segura, Andre) (Entered: 01/22/2021) 1 Exhibit Amicus Brief View on RECAP 2 Proposed Order View on RECAP	RECAP
	Jan. 22, 2021	Minute Entry for proceedings held before Judge Drew B Tipton. MOTION HEARING held on 1/22/2021. Pending Motion for Temporary Restraining Order 2 discussed. Arguments heard. The Court takes this motion under advisement. Appearances:Patrick Sweeten, Adam Kirschner, Dan Hu, Brian Rosen-Shaud. William Thomas Thompson.(Digital # 4:01-5:46)(ERO:Annette Martinez), filed.(KelliePapaioannou, 2)
	Jan. 22, 2021	Minute Entry for proceedings held before Judge Drew B Tipton. MOTION HEARING held on 1/22/2021. Pending Motion for Temporary Restraining Order 2 discussed. Arguments heard. The Court takes this motion under advisement. Appearances:Patrick Sweeten, Adam Kirschner, Dan Hu, Brian Rosen-Shaud. William Thomas Thompson.(Digital # 4:01-5:46)(ERO:Annette Martinez), filed.(KelliePapaioannou, 2)
	Jan. 22, 2021	Motion Hearing
5	Jan. 23, 2021	NOTICE of Appearance by Daniel David Hu on behalf of U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. (Hu, Daniel) (Entered: 01/23/2021)	RECAP
5	Jan. 23, 2021	NOTICE of Appearance by Daniel David Hu on behalf of U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. (Hu, Daniel) (Entered: 01/23/2021)	RECAP
6	Jan. 24, 2021	ADVISORY by State of Texas, filed.(Sweeten, Patrick) (Entered: 01/24/2021)	RECAP
6	Jan. 24, 2021	ADVISORY by State of Texas, filed.(Sweeten, Patrick) (Entered: 01/24/2021)	RECAP
7	Jan. 24, 2021	NOTICE of Setting. Parties notified. Telephone Conference set for 1/25/2021 at 08:00 AM before Judge Drew B Tipton, filed. Telephonic Conference Instructions will be emailed to all parties. (KelliePapaioannouadi, 2) (Entered: 01/24/2021)	RECAP
7	Jan. 24, 2021	NOTICE of Setting. Parties notified. Telephone Conference set for 1/25/2021 at 08:00 AM before Judge Drew B Tipton, filed. Telephonic Conference Instructions will be emailed to all parties. (KelliePapaioannouadi, 2) (Entered: 01/24/2021)	RECAP
8	Jan. 24, 2021	RESPONSE in Opposition to 2 MOTION for Temporary Restraining Order, filed by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America. (Attachments: # 1 Proposed Order)(Hu, Daniel) (Entered: 01/24/2021)	RECAP
8	Jan. 24, 2021	RESPONSE in Opposition to 2 MOTION for Temporary Restraining Order, filed by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America. (Attachments: # 1 Proposed Order)(Hu, Daniel) (Entered: 01/24/2021) 1 Proposed Order View on PACER	RECAP
	Jan. 24, 2021	Conference set for 1/25/2021 at 8:00 AM to be held by Zoom.https://www.zoomgov.com/j/1610093418?pwd=SWY3VnQ4NnlkOE1nbkJOQ3M3VWpqQT09 Dial by your location +1 669 254 5252 US (San Jose) +1 646 828 7666 US (New York) Meeting ID: 161 009 3418 Passcode: 714482Per L.R. 83.7 Except by leave of the presiding judge, no photo- or electro-mechanical means of recordation or transmission of court proceedings is permitted. ***, filed. (KelliePapaioannou, 2)
	Jan. 24, 2021	Conference set for 1/25/2021 at 8:00 AM to be held by Zoom.https://www.zoomgov.com/j/1610093418?pwd=SWY3VnQ4NnlkOE1nbkJOQ3M3VWpqQT09 Dial by your location +1 669 254 5252 US (San Jose) +1 646 828 7666 US (New York) Meeting ID: 161 009 3418 Passcode: 714482Per L.R. 83.7 Except by leave of the presiding judge, no photo- or electro-mechanical means of recordation or transmission of court proceedings is permitted. ***, filed. (KelliePapaioannou, 2)
	Jan. 24, 2021	Remark (*PUBLIC ENTRY)
9	Jan. 25, 2021	RESPONSE to 6 Advisory, filed by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America. (Hu, Daniel) (Entered: 01/25/2021)	RECAP
9	Jan. 25, 2021	RESPONSE to 6 Advisory, filed by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America. (Hu, Daniel) (Entered: 01/25/2021)	RECAP
10	Jan. 25, 2021	NOTICE Certificate of Service re: 8 Response in Opposition to Motion, by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. (Hu, Daniel) (Entered: 01/25/2021)	RECAP
10	Jan. 25, 2021	NOTICE Certificate of Service re: 8 Response in Opposition to Motion, by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. (Hu, Daniel) (Entered: 01/25/2021)	RECAP
11	Jan. 25, 2021	AO 435 TRANSCRIPT REQUEST by USA for Transcript of Motion Hearing on 1/22/21 before Judge Tipton and Hearing on 1/25/21 before Judge Tipton. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (Hu, Daniel)Electronically forwarded to Judicial Transcribers of Texas 1/25/2021. Estimated Transcript Completion Date: 1/26/2021. Entered on 1/25/2021 (amartinez, 2). (Entered: 01/25/2021)	RECAP
11	Jan. 25, 2021	AO 435 TRANSCRIPT REQUEST by USA for Transcript of Motion Hearing on 1/22/21 before Judge Tipton and Hearing on 1/25/21 before Judge Tipton. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (Hu, Daniel)Electronically forwarded to Judicial Transcribers of Texas 1/25/2021. Estimated Transcript Completion Date: 1/26/2021. Entered on 1/25/2021 (amartinez, 2). (Entered: 01/25/2021)	RECAP
12	Jan. 25, 2021	ORDER granting 4 Motion for Leave to File Amicus Brief.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 01/25/2021)	RECAP
12	Jan. 25, 2021	ORDER granting 4 Motion for Leave to File Amicus Brief.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 01/25/2021)	RECAP
13	Jan. 25, 2021	AMICUS BRIEF in Support of Defendants by ACLU Foundation of Texas, Inc., filed.(KelliePapaioannou, 2) (Entered: 01/25/2021)	RECAP
13	Jan. 25, 2021	AMICUS BRIEF in Support of Defendants by ACLU Foundation of Texas, Inc., filed.(KelliePapaioannou, 2) (Entered: 01/25/2021)	RECAP
14	Jan. 25, 2021	NOTICE of filing exhibit by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. (Attachments: # 1 Exhibit)(Hu, Daniel) (Entered: 01/25/2021)	RECAP
14	Jan. 25, 2021	NOTICE of filing exhibit by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. (Attachments: # 1 Exhibit)(Hu, Daniel) (Entered: 01/25/2021) 1 Exhibit View on RECAP	RECAP
	Jan. 25, 2021	Minute Entry for proceedings held before Judge Drew B Tipton. ZOOM HEARING held on 1/25/2021. Regarding Advisory 6 . The Court instructs Defense Counsel to submit a copy of the email referenced in the Advisory (Dkt. 6) and to preserve any evidence, emails, texts, instant messages or any other communication from January 22, 2021 forward related to the release of individuals in custody that were subject to an Order of Removal. Defense Counsel is further instructed to verify and advise the Court whether the only individuals in custody that were subject to an Order of Removal that have been released since January 22, 2021 were pursuant to the California litigation referenced in (Dkt. #9). Defense Counsel is further instructed to advise the Court of the number of individuals in custody that were subject to an Order of Removal who have been released from custody in the United States since Friday January 22, 2021 and the locations from which they were released. Appearances:Adam Kirschner. William Thomas Thompson, Patrick K Sweeten, Daniel David Hu.(Digital # 8:01-8:35)(ERO:Annette Martinez), filed.(KelliePapaioannou, 2)
	Jan. 25, 2021	Minute Entry for proceedings held before Judge Drew B Tipton. ZOOM HEARING held on 1/25/2021. Regarding Advisory 6 . The Court instructs Defense Counsel to submit a copy of the email referenced in the Advisory (Dkt. 6) and to preserve any evidence, emails, texts, instant messages or any other communication from January 22, 2021 forward related to the release of individuals in custody that were subject to an Order of Removal. Defense Counsel is further instructed to verify and advise the Court whether the only individuals in custody that were subject to an Order of Removal that have been released since January 22, 2021 were pursuant to the California litigation referenced in (Dkt. #9). Defense Counsel is further instructed to advise the Court of the number of individuals in custody that were subject to an Order of Removal who have been released from custody in the United States since Friday January 22, 2021 and the locations from which they were released. Appearances:Adam Kirschner. William Thomas Thompson, Patrick K Sweeten, Daniel David Hu.(Digital # 8:01-8:35)(ERO:Annette Martinez), filed.(KelliePapaioannou, 2)
	Jan. 25, 2021	Miscellaneous Hearing
15	Jan. 26, 2021	AO 435 TRANSCRIPT REQUEST by Patrick K. Sweeten for Transcript of Motion hearing on 01/22/21 before Judge Tipton and Miscellaneous hearing on 01/25/21 before Judge Tipton. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (Sweeten, Patrick) Electronically forwarded to Judicial Transcribers of Texas on 1/26/2021 (amartinez, 2). (Entered: 01/26/2021)	RECAP
15	Jan. 26, 2021	AO 435 TRANSCRIPT REQUEST by Patrick K. Sweeten for Transcript of Motion hearing on 01/22/21 before Judge Tipton and Miscellaneous hearing on 01/25/21 before Judge Tipton. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (Sweeten, Patrick) Electronically forwarded to Judicial Transcribers of Texas on 1/26/2021 (amartinez, 2). (Entered: 01/26/2021)	RECAP
16	Jan. 26, 2021	ORDER Granting 2 Motion for Temporary Restraining Order. The Court Orders parties to propose a briefing schedule no later than Thursday, January 28, 2021 at 12:00 p.m.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2)	RECAP
16	Jan. 26, 2021	ORDER Granting 2 Motion for Temporary Restraining Order. The Court Orders parties to propose a briefing schedule no later than Thursday, January 28, 2021 at 12:00 p.m.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 01/26/2021)	RECAP
17	Jan. 26, 2021	TRANSCRIPT re: Motion for Temporary Restraining Order (Via Zoom) held on January 22, 2021 before Judge Drew B Tipton. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Ordering Party Daniel Hu Release of Transcript Restriction set for 4/26/2021., filed. (mahenry, ) (Entered: 01/26/2021)	RECAP
17	Jan. 26, 2021	TRANSCRIPT re: Motion for Temporary Restraining Order (Via Zoom) held on January 22, 2021 before Judge Drew B Tipton. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Ordering Party Daniel Hu Release of Transcript Restriction set for 4/26/2021., filed. (mahenry, ) (Entered: 01/26/2021)	RECAP
18	Jan. 26, 2021	NOTICE re: Miscellaneous Hearing,,,, by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. (Hu, Daniel) (Entered: 01/26/2021)	RECAP
18	Jan. 26, 2021	NOTICE re: Miscellaneous Hearing,,,, by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. (Hu, Daniel) (Entered: 01/26/2021)	RECAP
19	Jan. 26, 2021	TRANSCRIPT re: Motion Hearing (Via Zoom) held on January 25, 2021 before Judge Drew B Tipton. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Ordering Party Daniel Hu Release of Transcript Restriction set for 4/26/2021., filed. (mahenry, ) (Entered: 01/26/2021)	RECAP
19	Jan. 26, 2021	TRANSCRIPT re: Motion Hearing (Via Zoom) held on January 25, 2021 before Judge Drew B Tipton. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Ordering Party Daniel Hu Release of Transcript Restriction set for 4/26/2021., filed. (mahenry, ) (Entered: 01/26/2021)	RECAP
20	Jan. 27, 2021	Notice of Filing of Official Transcript as to 19 Transcript, 17 Transcript,. Party notified, filed. (BrittanyFoil, 6) (Entered: 01/27/2021)	RECAP
20	Jan. 27, 2021	Notice of Filing of Official Transcript as to 19 Transcript, 17 Transcript,. Party notified, filed. (BrittanyFoil, 6) (Entered: 01/27/2021)	RECAP
21	Jan. 27, 2021	MOTION for Adam Kirschner to Appear Pro Hac Vice by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. Motion Docket Date 2/17/2021. (Hu, Daniel) (Entered: 01/27/2021)	RECAP
21	Jan. 27, 2021	MOTION for Adam Kirschner to Appear Pro Hac Vice by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. Motion Docket Date 2/17/2021. (Hu, Daniel) (Entered: 01/27/2021)	RECAP
22	Jan. 27, 2021	MOTION for Brian C. Rosen-Shaud to Appear Pro Hac Vice by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. Motion Docket Date 2/17/2021. (Hu, Daniel) (Entered: 01/27/2021)	RECAP
22	Jan. 27, 2021	MOTION for Brian C. Rosen-Shaud to Appear Pro Hac Vice by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. Motion Docket Date 2/17/2021. (Hu, Daniel) (Entered: 01/27/2021)	RECAP
23	Jan. 27, 2021	ORDER granting 21 Motion for Adam Kirschner to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(fcarbia, 2) (Entered: 01/27/2021)	RECAP
23	Jan. 27, 2021	ORDER granting 21 Motion for Adam Kirschner to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(fcarbia, 2) (Entered: 01/27/2021)	RECAP
24	Jan. 27, 2021	ORDER granting 22 Motion for Brian C. Rosen-Shaud to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(fcarbia, 2) (Entered: 01/27/2021)	RECAP
24	Jan. 27, 2021	ORDER granting 22 Motion for Brian C. Rosen-Shaud to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(fcarbia, 2) (Entered: 01/27/2021)	RECAP
25	Jan. 27, 2021	MOTION for Lawrence J. Joseph to Appear Pro Hac Vice by Immigration Reform Law Institute, filed. Motion Docket Date 2/17/2021. (Joseph, Lawrence) (Entered: 01/27/2021)	RECAP
25	Jan. 27, 2021	MOTION for Lawrence J. Joseph to Appear Pro Hac Vice by Immigration Reform Law Institute, filed. Motion Docket Date 2/17/2021. (Joseph, Lawrence) (Entered: 01/27/2021)	RECAP
26	Jan. 27, 2021	NOTICE of Appearance by Adam Kirschner on behalf of Tae Johnson, Troy Miller, David Pekoske, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. (Kirschner, Adam) (Entered: 01/27/2021)	RECAP
26	Jan. 27, 2021	NOTICE of Appearance by Adam Kirschner on behalf of Tae Johnson, Troy Miller, David Pekoske, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. (Kirschner, Adam) (Entered: 01/27/2021)	RECAP
27	Jan. 27, 2021	ORDER granting 25 MOTION for Lawrence J. Joseph to Appear Pro Hac Vice (Signed by Judge Drew B Tipton) Parties notified.(legarza, 2) (Entered: 01/28/2021)	RECAP
27	Jan. 27, 2021	ORDER granting 25 MOTION for Lawrence J. Joseph to Appear Pro Hac Vice (Signed by Judge Drew B Tipton) Parties notified.(legarza, 2) (Entered: 01/28/2021)	RECAP
28	Jan. 28, 2021	EMERGENCY MOTION, MOTION to Intervene( Motion Docket Date 2/18/2021.) by FIEL Houston, Refugee and Immigrant Center for Education and Legal Services, filed. (Attachments: # 1 Exhibit Declaration of Cesar Espinosa, # 2 Exhibit Declaration of Michelle Garza, # 3 Exhibit Proposed Answer, # 4 Proposed Order)(Segura, Andre) (Entered: 01/28/2021) 1 Exhibit Declaration of Cesar Espinosa View on PACER 2 Exhibit Declaration of Michelle Garza View on PACER 3 Exhibit Proposed Answer View on RECAP 4 Proposed Order View on RECAP	RECAP
28	Jan. 28, 2021	EMERGENCY MOTION, MOTION to Intervene( Motion Docket Date 2/18/2021.) by FIEL Houston, Refugee and Immigrant Center for Education and Legal Services, filed. (Attachments: # 1 Exhibit Declaration of Cesar Espinosa, # 2 Exhibit Declaration of Michelle Garza, # 3 Exhibit Proposed Answer, # 4 Proposed Order)(Segura, Andre) (Entered: 01/28/2021)	RECAP
29	Jan. 28, 2021	NOTICE of Appearance by Brian C. Rosen-Shaud on behalf of Tae Johnson, Troy Miller, David Pekoske, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. (Rosen-Shaud, Brian) (Entered: 01/28/2021)	RECAP
29	Jan. 28, 2021	NOTICE of Appearance by Brian C. Rosen-Shaud on behalf of Tae Johnson, Troy Miller, David Pekoske, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. (Rosen-Shaud, Brian) (Entered: 01/28/2021)	RECAP
30	Jan. 28, 2021	STATEMENT on Briefing Schedule and Discovery re: 16 Order on Motion for Temporary Restraining Order by Tae Johnson, Troy Miller, David Pekoske, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed.(Kirschner, Adam) (Entered: 01/28/2021)	RECAP
30	Jan. 28, 2021	STATEMENT on Briefing Schedule and Discovery re: 16 Order on Motion for Temporary Restraining Order by Tae Johnson, Troy Miller, David Pekoske, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed.(Kirschner, Adam) (Entered: 01/28/2021)	RECAP
31	Jan. 28, 2021	ADVISORY by State of Texas, filed. (Attachments: # 1 Proposed Order)(Sweeten, Patrick) (Entered: 01/28/2021) 1 Proposed Order View on RECAP	RECAP
31	Jan. 28, 2021	ADVISORY by State of Texas, filed. (Attachments: # 1 Proposed Order)(Sweeten, Patrick) (Entered: 01/28/2021)	RECAP
32	Jan. 28, 2021	NOTICE of Setting. Parties notified. Status Conference set for 1/29/2021 at 11:00 AM before Judge Drew B Tipton, filed. All Parties to appear by ZOOM. Zoom link will be emailed to parties. Dial in instructions for the conference can be accessed within the High Profile Hearings with Public Access link at https://www.txs.uscourts.gov/ Per L.R. 83.7 Except by leave of the presiding judge, no photo- or electro-mechanical means of recordation or transmission of court proceedings is permitted. (KelliePapaioannouadi, 2) (Entered: 01/28/2021)	RECAP
32	Jan. 28, 2021	NOTICE of Setting. Parties notified. Status Conference set for 1/29/2021 at 11:00 AM before Judge Drew B Tipton, filed. All Parties to appear by ZOOM. Zoom link will be emailed to parties. Dial in instructions for the conference can be accessed within the High Profile Hearings with Public Access link at https://www.txs.uscourts.gov/ Per L.R. 83.7 Except by leave of the presiding judge, no photo- or electro-mechanical means of recordation or transmission of court proceedings is permitted. (KelliePapaioannouadi, 2) (Entered: 01/28/2021)	RECAP
33	Jan. 28, 2021	MOTION for Cody Wofsy to Appear Pro Hac Vice by FIEL Houston, Refugee and Immigrant Center for Education and Legal Services, filed. Motion Docket Date 2/18/2021. (Segura, Andre) (Entered: 01/28/2021)	RECAP
33	Jan. 28, 2021	MOTION for Cody Wofsy to Appear Pro Hac Vice by FIEL Houston, Refugee and Immigrant Center for Education and Legal Services, filed. Motion Docket Date 2/18/2021. (Segura, Andre) (Entered: 01/28/2021)	RECAP
34	Jan. 28, 2021	MOTION for Kathryn Huddleston to Appear Pro Hac Vice by FIEL Houston, Refugee and Immigrant Center for Education and Legal Services, filed. Motion Docket Date 2/18/2021. (Segura, Andre) (Entered: 01/28/2021)	RECAP
34	Jan. 28, 2021	MOTION for Kathryn Huddleston to Appear Pro Hac Vice by FIEL Houston, Refugee and Immigrant Center for Education and Legal Services, filed. Motion Docket Date 2/18/2021. (Segura, Andre) (Entered: 01/28/2021)	RECAP
35	Jan. 28, 2021	MOTION for Spencer Amdur to Appear Pro Hac Vice by FIEL Houston, Refugee and Immigrant Center for Education and Legal Services, filed. Motion Docket Date 2/18/2021. (Segura, Andre) (Entered: 01/28/2021)	RECAP
35	Jan. 28, 2021	MOTION for Spencer Amdur to Appear Pro Hac Vice by FIEL Houston, Refugee and Immigrant Center for Education and Legal Services, filed. Motion Docket Date 2/18/2021. (Segura, Andre) (Entered: 01/28/2021)	RECAP
36	Jan. 28, 2021	MOTION for Omar Jadwat to Appear Pro Hac Vice by FIEL Houston, Refugee and Immigrant Center for Education and Legal Services, filed. Motion Docket Date 2/18/2021. (Segura, Andre) (Entered: 01/28/2021)	RECAP
36	Jan. 28, 2021	MOTION for Omar Jadwat to Appear Pro Hac Vice by FIEL Houston, Refugee and Immigrant Center for Education and Legal Services, filed. Motion Docket Date 2/18/2021. (Segura, Andre) (Entered: 01/28/2021)	RECAP
37	Jan. 28, 2021	MOTION for Noor Zafar to Appear Pro Hac Vice by FIEL Houston, Refugee and Immigrant Center for Education and Legal Services, filed. Motion Docket Date 2/18/2021. (Segura, Andre) (Entered: 01/28/2021)	RECAP
37	Jan. 28, 2021	MOTION for Noor Zafar to Appear Pro Hac Vice by FIEL Houston, Refugee and Immigrant Center for Education and Legal Services, filed. Motion Docket Date 2/18/2021. (Segura, Andre) (Entered: 01/28/2021)	RECAP
38	Jan. 28, 2021	MOTION for Michael Tan to Appear Pro Hac Vice by FIEL Houston, Refugee and Immigrant Center for Education and Legal Services, filed. Motion Docket Date 2/18/2021. (Segura, Andre) (Entered: 01/28/2021)	RECAP
38	Jan. 28, 2021	MOTION for Michael Tan to Appear Pro Hac Vice by FIEL Houston, Refugee and Immigrant Center for Education and Legal Services, filed. Motion Docket Date 2/18/2021. (Segura, Andre) (Entered: 01/28/2021)	RECAP
39	Jan. 28, 2021	NOTICE of Appearance by Todd Lawrence Disher on behalf of State of Texas, filed. (Disher, Todd) (Entered: 01/28/2021)	RECAP
39	Jan. 28, 2021	NOTICE of Appearance by Todd Lawrence Disher on behalf of State of Texas, filed. (Disher, Todd) (Entered: 01/28/2021)	RECAP
40	Jan. 29, 2021	NOTICE re: Miscellaneous Hearing,,,, by Tae Johnson, Troy Miller, David Pekoske, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. (Attachments: # 1 Affidavit)(Kirschner, Adam) (Entered: 01/29/2021) 1 Affidavit View on RECAP	RECAP
40	Jan. 29, 2021	NOTICE re: Miscellaneous Hearing,,,, by Tae Johnson, Troy Miller, David Pekoske, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. (Attachments: # 1 Affidavit)(Kirschner, Adam) (Entered: 01/29/2021)	RECAP
41	Jan. 29, 2021	AO 435 TRANSCRIPT REQUEST by USA for Transcript of Miscellaneous Hearing, 01/29/21, Judge Tipton. 3-Day turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (Hu, Daniel) Audio and Log notes electronically uploaded to Judicial Transcribers on 1/29/21 at 4:34 pm by fc. Estimated completion date is: Feb 1, 2021. (Entered: 01/29/2021)	RECAP
41	Jan. 29, 2021	AO 435 TRANSCRIPT REQUEST by USA for Transcript of Miscellaneous Hearing, 01/29/21, Judge Tipton. 3-Day turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (Hu, Daniel) Audio and Log notes electronically uploaded to Judicial Transcribers on 1/29/21 at 4:34 pm by fc. Estimated completion date is: Feb 1, 2021. (Entered: 01/29/2021)	RECAP
42	Jan. 29, 2021	MOTION for Michael F. Knapp to Appear Pro Hac Vice by Tae Johnson, Troy Miller, David Pekoske, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. Motion Docket Date 2/19/2021. (Rosen-Shaud, Brian) (Entered: 01/29/2021)	RECAP
42	Jan. 29, 2021	MOTION for Michael F. Knapp to Appear Pro Hac Vice by Tae Johnson, Troy Miller, David Pekoske, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. Motion Docket Date 2/19/2021. (Rosen-Shaud, Brian) (Entered: 01/29/2021)	RECAP
43	Jan. 29, 2021	AO 435 TRANSCRIPT REQUEST by Todd Lawrence Disher for Transcript of Miscellaneous Hearing on 01/29/21 before Judge Drew B. Tipton. 3-Day turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (Disher, Todd) (Entered: 01/29/2021)	RECAP
43	Jan. 29, 2021	AO 435 TRANSCRIPT REQUEST by Todd Lawrence Disher for Transcript of Miscellaneous Hearing on 01/29/21 before Judge Drew B. Tipton. 3-Day turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (Disher, Todd) (Entered: 01/29/2021)	RECAP
	Jan. 29, 2021	Minute Entry for proceedings held before Judge Drew B Tipton. STATUS CONFERENCE held on 1/29/2021. Motion to Intervene 28 discussed. Responses to motion due by Wednesday, February 3, 2021. Discovery issues addressed. The parties agree and the Court limits interrogatories to seven, requests for admissions to five and no requests for production. Parties may attach any evidence to supplemental briefings. Primary briefing is limited to 40 pages. Replies limited to 25 pages. Times New Roman font 12pt to be used for the body and Times New Roman 11pt to be used for footnotes. The Court discourages excessive use of footnotes. The Court orders the United States to produce the Administrative Record by 2/3/2021. Briefing schedule to be entered. Appearances:Cody Wofsy. Andre Ivan Segura, Brian C Rosen-Shaud, Adam David Kirschner, Todd Lawrence Disher, Patrick K Sweeten, Daniel David Hu.(Digital # 11:03-12:46)(ERO:Frenchie Carbia), filed.(KelliePapaioannou, 2)
	Jan. 29, 2021	Minute Entry for proceedings held before Judge Drew B Tipton. STATUS CONFERENCE held on 1/29/2021. Motion to Intervene 28 discussed. Responses to motion due by Wednesday, February 3, 2021. Discovery issues addressed. The parties agree and the Court limits interrogatories to seven, requests for admissions to five and no requests for production. Parties may attach any evidence to supplemental briefings. Primary briefing is limited to 40 pages. Replies limited to 25 pages. Times New Roman font 12pt to be used for the body and Times New Roman 11pt to be used for footnotes. The Court discourages excessive use of footnotes. The Court orders the United States to produce the Administrative Record by 2/3/2021. Briefing schedule to be entered. Appearances:Cody Wofsy. Andre Ivan Segura, Brian C Rosen-Shaud, Adam David Kirschner, Todd Lawrence Disher, Patrick K Sweeten, Daniel David Hu.(Digital # 11:03-12:46)(ERO:Frenchie Carbia), filed.(KelliePapaioannou, 2)
	Jan. 29, 2021	Status Conference
44	Jan. 30, 2021	SCHEDULING ORDER Defendant's production of Administrative Record due by 2/3/2021. Parties responses to proposed intervenors (optional) due by 2/3/2021. Plaintiff's motion for Preliminary Injunction due by 2/5/2021. Discovery due by 2/10/2021. Defendant's Response due by 2/12/2021. Plaintiff's reply due by 2/16/2021 Preliminary Injunction Hearing set for 2/19/2021 at 9:00 am. before Judge Drew B Tipton(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 01/30/2021)	RECAP
44	Jan. 30, 2021	SCHEDULING ORDER Defendant's production of Administrative Record due by 2/3/2021. Parties responses to proposed intervenors (optional) due by 2/3/2021. Plaintiff's motion for Preliminary Injunction due by 2/5/2021. Discovery due by 2/10/2021. Defendant's Response due by 2/12/2021. Plaintiff's reply due by 2/16/2021 Preliminary Injunction Hearing set for 2/19/2021 at 9:00 am. before Judge Drew B Tipton(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 01/30/2021)	RECAP