Case: Texas v. Biden

2:22-cv-00014 | U.S. District Court for the Northern District of Texas

Filed Date: Jan. 28, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about the Central American Minors program and the Biden administration’s policy of allowing certain undocumented individuals from El Salvador, Guatemala, or Honduras with pending asylum applications to petition to bring their minor children into the United States. On January 28, 2022, the states of Texas, Alaska, Arkansas, Florida, Indiana, Missouri, Montana, and Oklahoma filed this lawsuit in the Northern District of Texas. The states sued the United States government under the …

This is a case about the Central American Minors program and the Biden administration’s policy of allowing certain undocumented individuals from El Salvador, Guatemala, or Honduras with pending asylum applications to petition to bring their minor children into the United States. On January 28, 2022, the states of Texas, Alaska, Arkansas, Florida, Indiana, Missouri, Montana, and Oklahoma filed this lawsuit in the Northern District of Texas. The states sued the United States government under the Administrative Procedure Act (“APA”), Immigration and Nationality Act (“INA”), and the United States Constitution. Seeking injunctive and declaratory relief, the states claimed that the federal government’s actions were arbitrary and capricious, violated the APA’s notice and comment rule making regime, and violated the INA and, by extension, the take care clause of the Constitution. The case was assigned to Chief Judge Barbara M.G. Lynn.

After filing this lawsuit, the states filed an additional document indicating that this case was related to Texas v. Biden, 2:21-cv-00067, proceeding before Judge Matthew J. Kacsmaryk also in the Northern District of Texas. On February 2, 2022, Chief Judge Lynn issued an order indicating that the court would evaluate whether this case should be transferred as a result. In late March, the court determined that the cases were not sufficiently related. Shortly thereafter, the case was transferred from the Amarillo division to Chief Justice Lynn’s division in Dallas. 

In mid-March 2022, the states filed an amended complaint with seven additional states—Alabama, Arizona, Idaho, Kentucky, Louisiana, South Carolina, and Utah—joining as plaintiffs. On May 26, the court granted two parents who are applicants of CAM to intervene in the case as defendants.

As of June 8, 2022, the litigation is ongoing.

Summary Authors

Jane Fisher (4/23/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/62635461/parties/state-of-texas-v-biden/


Judge(s)
Attorney for Plaintiff

Bates, Christopher (Texas)

Capps, Charles F (Texas)

Christmas, Natalie (Texas)

Cleveland, Bryan Gregg (Texas)

Attorney for Defendant
Expert/Monitor/Master/Other

Asimow, Daniel B (Texas)

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Documents in the Clearinghouse

Document
1

2:22-cv-00014

Complaint

The State of Texas v. Biden

Jan. 28, 2022

Jan. 28, 2022

Complaint
14

2:22-cv-00014

Amended Complaint

The State of Texas v. Biden

March 14, 2022

March 14, 2022

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/62635461/state-of-texas-v-biden/

Last updated March 13, 2024, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants filed by State of Montana, State of Alaska, State of Texas, State of Missouri, State of Arkansas, State of Oklahoma, State of Florida, State of Indiana. (Filing fee $402; Receipt number 0539-12558634) Clerk to issue summons(es) for federal defendant(s). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Cover Sheet, # 2 Certificate of Interested Parties, # 3 Additional Page(s)) (Reitz, Aaron) (Attachment 2 replaced with flattened document on 1/31/2022) (awc). (Entered: 01/28/2022)

1 Cover Sheet

View on RECAP

2 Certificate of Interested Parties

View on PACER

3 Additional Page(s)

View on PACER

Jan. 28, 2022

Jan. 28, 2022

Clearinghouse
2

New Case Notes: A filing fee has been paid. File to: No court file needed. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Reno). Clerk to provide copy to plaintiff if not received electronically. (awc) (Entered: 01/31/2022)

Jan. 31, 2022

Jan. 31, 2022

RECAP
3

ADDITIONAL ATTACHMENTS (JS44 Civil Cover Sheet) to 1 Complaint, by Plaintiff State of Texas. (Attachments: # 1 Additional Page(s)) (Reitz, Aaron) Modified text on 2/1/2022 (daa). (Entered: 01/31/2022)

1 Additional Page(s)

View on RECAP

Jan. 31, 2022

Jan. 31, 2022

RECAP
4

NOTICE of Attorney Appearance by Brian Walters Stoltz-DOJ on behalf of Joseph R Biden, Jr, Anthony J. Blinken, Nancy I Jackson, Ur Jaddou, Alejandro Mayorkas, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Department of State, U.S. Department of State, Bureau of Population, Refugees, and Migration, United States of America. (Filer confirms contact info in ECF is current.) (Stoltz-DOJ, Brian) (Entered: 01/31/2022)

Jan. 31, 2022

Jan. 31, 2022

PACER
5

NOTICE of Intent to Oppose Plaintiffs' Notice of Related Case re: 3 Additional Attachments to Main Document filed by Joseph R Biden, Jr, Anthony J. Blinken, Nancy I Jackson, Ur Jaddou, Alejandro Mayorkas, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Department of State, U.S. Department of State, Bureau of Population, Refugees, and Migration, United States of America (Stoltz-DOJ, Brian) (Entered: 01/31/2022)

Jan. 31, 2022

Jan. 31, 2022

RECAP
6

NOTICE of Attorney Appearance by Joseph Anton Darrow on behalf of Joseph R Biden, Jr, Anthony J. Blinken, Nancy I Jackson, Ur Jaddou, Alejandro Mayorkas, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Department of State, U.S. Department of State, Bureau of Population, Refugees, and Migration, United States of America. (Filer confirms contact info in ECF is current.) (Darrow, Joseph) (Entered: 01/31/2022)

Jan. 31, 2022

Jan. 31, 2022

PACER
7

Summons issued as to Joseph R Biden, Jr, United States of America, U.S. Department of State, U.S. Department of State, Bureau of Population, Refugees, and Migration, U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, Nancy I Jackson, Alejandro Mayorkas, U.S. Attorney, and U.S. Attorney General. (nhp) Modified text on 2/2/2022 (nhp). (Entered: 02/01/2022)

Feb. 1, 2022

Feb. 1, 2022

PACER
8

NOTICE of Attorney Appearance by Erez Reuveni on behalf of Joseph R Biden, Jr, Anthony J. Blinken, Nancy I Jackson, Ur Jaddou, Alejandro Mayorkas, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Department of State, U.S. Department of State, Bureau of Population, Refugees, and Migration, United States of America. (Filer confirms contact info in ECF is current.) (Reuveni, Erez) (Entered: 02/01/2022)

Feb. 1, 2022

Feb. 1, 2022

PACER
9

RESPONSE filed by Joseph R Biden, Jr, Anthony J. Blinken, Nancy I Jackson, Ur Jaddou, Alejandro Mayorkas, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Department of State, U.S. Department of State, Bureau of Population, Refugees, and Migration, United States of America re: 3 Additional Attachments to Main Document, 5 Notice (Other), (Darrow, Joseph) (Entered: 02/01/2022)

Feb. 1, 2022

Feb. 1, 2022

RECAP
10

Summons issued as to Anthony J. Blinken, Ur Jaddou, U.S. Attorney, and U.S. Attorney General. (nhp) (Entered: 02/02/2022)

Feb. 1, 2022

Feb. 1, 2022

PACER
11

ORDER: The Court will determine if this case should be transferred based upon the two cases referenced. The Court desires no further filings on the matter. (Ordered by Chief Judge Barbara M. G. Lynn on 2/2/2022) (nhp) (Entered: 02/02/2022)

Feb. 2, 2022

Feb. 2, 2022

RECAP
12

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12588650) filed by State of Alaska Attorney Cori Marie Mills added to party State of Alaska(pty:pla) (Mills, Cori) (Entered: 02/09/2022)

Feb. 9, 2022

Feb. 9, 2022

RECAP
13

SUMMONS Returned Executed as to All Defendants. (Attachments: # 1 Additional Page(s) Service of Process, # 2 Additional Page(s) Service of Process, # 3 Additional Page(s) Service of Process, # 4 Additional Page(s) Service of Process, # 5 Additional Page(s) Service of Process, # 6 Additional Page(s) Service of Process, # 7 Additional Page(s) Service of Process, # 8 Additional Page(s) Service of Process, # 9 Additional Page(s) Service of Process) (Reitz, Aaron) (Entered: 02/16/2022)

Feb. 16, 2022

Feb. 16, 2022

PACER
14

AMENDED COMPLAINT against All Defendants filed by State of Montana, State of Alaska, State of Texas, State of Missouri, State of Arkansas, State of Oklahoma, State of Florida, State of Indiana, State of South Carolina, State of Utah, State of Louisiana, State of Alabama, State of Arizona, State of Idaho, State of Kentucky. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Ghetti, Michelle) (Entered: 03/14/2022)

March 14, 2022

March 14, 2022

Clearinghouse
15

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by State of Alabama, State of Alaska, State of Arizona, State of Arkansas, State of Florida, State of Idaho, State of Indiana, State of Kentucky, State of Louisiana, State of Missouri, State of Montana, State of Oklahoma, State of South Carolina, State of Texas, State of Utah. (Ghetti, Michelle) (Main Document 15 replaced with flattened image on 3/15/2022) (nhp). (Entered: 03/14/2022)

March 14, 2022

March 14, 2022

PACER
16

NOTICE of Attorney Appearance by Ryan Daniel Walters on behalf of State of Texas. (Filer confirms contact info in ECF is current.) (Walters, Ryan) (Entered: 03/15/2022)

March 15, 2022

March 15, 2022

PACER
17

NOTICE of Attorney Appearance by Debra Janece McComas on behalf of Jesus, Rosa, Timoteo, Uzias. (Filer confirms contact info in ECF is current.). Party Jesus added. (McComas, Debra) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER
18

UNOPPOSED MOTION to Proceed with Local Counsel Located in the Dallas Division with Brief in Support filed by Jesus, Rosa, Timoteo, Uzias (Attachments: # 1 Declaration(s) of Debra J. McComas, # 2 Proposed Order) (McComas, Debra) Modified title on 3/23/2022 (daa). (Entered: 03/22/2022)

1 Declaration(s) of Debra J. McComas

View on PACER

2 Proposed Order Proposed Order

View on PACER

March 22, 2022

March 22, 2022

RECAP
19

MOTION to Intervene Under Fed. R. Civ. P. 24 and Brief In Support filed by Jesus, Rosa, Timoteo, Uzias with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Proposed Answer of Proposed Intervenor Defendants, # 2 Proposed Order) (McComas, Debra) Modified text on 3/23/2022 (daa). (Entered: 03/22/2022)

1 Exhibit(s) Proposed Answer of Proposed Intervenor Defendants

View on PACER

2 Proposed Order Proposed Order Granting Proposed Intervenors Motion to Intervene

View on PACER

March 22, 2022

March 22, 2022

RECAP
20

MOTION To Proceed Under Pseudonyms filed by Jesus, Rosa, Timoteo, Uzias with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (McComas, Debra) Modified text on 3/23/2022 (daa). (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER
21

Appendix in Support filed by Jesus, Rosa, Timoteo, Uzias re 19 MOTION to Intervene Under Fed. R. Civ. P. 24 and Brief In Support, 20 MOTION To Proceed Under Pseudonyms (McComas, Debra) (Entered: 03/23/2022)

March 23, 2022

March 23, 2022

PACER
22

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Jesus, Rosa, Timoteo, Uzias. (McComas, Debra) (Entered: 03/23/2022)

March 23, 2022

March 23, 2022

PACER
23

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12690327) filed by Jesus, Rosa, Timoteo, Uzias (Attachments: # 1 Proposed Order) Attorney Linda B Evarts added to party Jesus(pty:intvd), Rosa(pty:intvd), Timoteo(pty:intvd), Uzias(pty:intvd) (Evarts, Linda) Modified text on 3/24/2022 (daa). (Entered: 03/23/2022)

1 Proposed Order

View on PACER

March 23, 2022

March 23, 2022

RECAP
24

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12690801) filed by Jesus, Rosa, Timoteo, Uzias (Attachments: # 1 Proposed Order) Attorney Mariko Hirose added to party Jesus(pty:intvd), Rosa(pty:intvd), Timoteo(pty:intvd), Uzias(pty:intvd) (Hirose, Mariko) Modified text on 3/24/2022 (daa). (Entered: 03/23/2022)

March 23, 2022

March 23, 2022

PACER
25

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12690818) filed by Jesus, Rosa, Timoteo, Uzias (Attachments: # 1 Proposed Order) Attorney Kathryn Claire Meyer added to party Jesus(pty:intvd), Rosa(pty:intvd), Timoteo(pty:intvd), Uzias(pty:intvd) (Meyer, Kathryn) Modified text on 3/24/2022 (daa). (Entered: 03/23/2022)

March 23, 2022

March 23, 2022

PACER
26

CONSENTED-TO Motion for Extension of Time to File Answer To Amended Complaint filed by Joseph R Biden, Jr, Anthony J. Blinken, Nancy I Jackson, Ur Jaddou, Alejandro Mayorkas, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Department of State, U.S. Department of State, Bureau of Population, Refugees, and Migration, United States of America (Attachments: # 1 Proposed Order) (Darrow, Joseph) Modified title on 3/28/2022 (daa). (Entered: 03/25/2022)

March 25, 2022

March 25, 2022

PACER
27

ORDER granting 26 Defendant's Agreed Motion for an Extension of Time to Answer or Otherwise Respond. Defendants shall have up to and including May 8, 2022, to answer or otherwise respond to the Amended Complaint (ECF No. 14). (Ordered by Chief Judge Barbara M. G. Lynn on 3/28/2022) (daa) (Entered: 03/28/2022)

March 28, 2022

March 28, 2022

PACER
28

ORDER: In light of this finding, and the fact that no party resides in the Amarillo Division, the parties are to confer and advise if they and the potential intervenors will agree to an intra-division transfer of this case to the undersigned's docket in the Dallas Division. (Ordered by Chief Judge Barbara M. G. Lynn on 3/29/2022) (nhp) (Entered: 03/29/2022)

March 29, 2022

March 29, 2022

RECAP
29

ORDER: Before the Court is the Motion to Intervene Under Fed. R. Civ. P. 24 (ECF No. 19). The parties are to file any responses to the Motion to Intervene on or before April 11, 2022. Replies are due on or before April 25, 2022. (Ordered by Chief Judge Barbara M. G. Lynn on 3/29/2022) (nhp) (Entered: 03/29/2022)

March 29, 2022

March 29, 2022

RECAP
30

ORDER granting 18 UNOPPOSED MOTION to Proceed with Local Counsel. (Ordered by Chief Judge Barbara M. G. Lynn on 3/29/2022) (nhp) (Entered: 03/29/2022)

March 29, 2022

March 29, 2022

RECAP
31

ELECTRONIC ORDER granting 23, 24, 25 Applications for Admission Pro Hac Vice of Linda B. Evarts, Mariko Hirose, and Kathryn Claire Meyer. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Chief Judge Barbara M. G. Lynn on 3/29/2022) (chmb) (Entered: 03/29/2022)

March 29, 2022

March 29, 2022

PACER
32

ELECTRONIC ORDER granting 12 Application for Admission Pro Hac Vice of Cori Marie Mills. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Chief Judge Barbara M. G. Lynn on 3/29/2022) (chmb) (Entered: 03/29/2022)

March 29, 2022

March 29, 2022

PACER

Order on Application for Admission Pro Hac Vice AND Order on Application for Admission Pro Hac Vice AND Order on Application for Admission Pro Hac Vice

March 29, 2022

March 29, 2022

PACER

Order on Application for Admission Pro Hac Vice

March 29, 2022

March 29, 2022

PACER
33

NOTICE of Joint Advisory re: 28 Order, filed by State of Texas (Walters, Ryan) (Entered: 04/04/2022)

April 4, 2022

April 4, 2022

RECAP
34

ORDER transferring case to the Dallas Division of the Northern District of Texas. (Ordered by Chief Judge Barbara M. G. Lynn on 4/6/2022) (nhp) (Entered: 04/06/2022)

April 6, 2022

April 6, 2022

RECAP

Case Transferred Out - Divisional Transfer

April 6, 2022

April 6, 2022

PACER

Case copied to 3:22-cv-780-X. Transfer to Dallas Division complete; clerk to set Related Case hyperlink, clear unnecessary flags, etc. (cea)

April 6, 2022

April 6, 2022

PACER
35

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13122093) filed by State of Missouri (Attachments: # 1 Proposed Order) (Sauer, Dean) Modified - termed motion - application refiled in correct case on 9/9/2022 (nht). (Entered: 09/08/2022)

Sept. 8, 2022

Sept. 8, 2022

PACER

Case Details

State / Territory: Texas

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Jan. 28, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs include the states of Alabama, Alaska, Arizona, Arkansas, Florida, Idaho, Indiana, Kentucky, Louisiana, Missouri, Montana, Oklahoma, South Carolina, Texas, and Utah.

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Dep't of State, Federal

U.S. Dep't of Homeland Sec., Federal

U.S. Citizenship and Immigration Servs., Federal

United States of America (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Family reunification

Immigration/Border:

Admission - criteria

Admission - procedure

Asylum - procedure

Family Separation

Refugees

Temporary protected status

Undocumented immigrants - rights and duties

National Origin/Ethnicity:

Hispanic