Case: West Virginia v. Department of Homeland Security

2:21-cv-00022 | U.S. District Court for the Northern District of West Virginia

Filed Date: Aug. 19, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

In this case, the state of West Virginia challenged the Biden administration's attempt to repeal the Migrant Protections Protocol (MPP) policy, which required asylum applicants to return to Mexico while their claims were being processed instead of being held in detention or paroled in the United States. West Virginia sued the Department of Homeland Security (DHS) in the U.S. District Court for the Northern District of Texas on August 19, 2021, alleging that its termination of the “Remain in Mex…

In this case, the state of West Virginia challenged the Biden administration's attempt to repeal the Migrant Protections Protocol (MPP) policy, which required asylum applicants to return to Mexico while their claims were being processed instead of being held in detention or paroled in the United States. West Virginia sued the Department of Homeland Security (DHS) in the U.S. District Court for the Northern District of Texas on August 19, 2021, alleging that its termination of the “Remain in Mexico” policy (RMX) was arbitrary, capricious, and an abuse of discretion in violation of the Administrative Procedure Act (APA), and seeking declaratory relief to that effect. West Virginia also requested that the court remand the termination of RMX with instructions for DHS to consider the impact the termination would have on border security and the trafficking of fentanyl across the Southwest border into the United States. The case was assigned to Judge Thomas Kleeh.

The plaintiffs filed an amended complaint on December 15, 2021, adding a new claim alleging that President Biden failed to "take Care that the Laws be faithfully executed" in violation of Article II of the U.S. Constitution.

On December 30, 2021, DHS moved to stay the proceedings pending the conclusion of proceedings in Biden v. Texas, a case challenging the Biden administration’s decision to end the MPP policy. The court denied that motion without prejudice, but granted a stay pending resolution of a petition for a writ of certiorari in that case. Following the Supreme Court's grant of certiorari, DHS renewed its motion to stay the proceedings pending the Supreme Court’s decision. The court granted DHS's motion on March 14, 2022.

On June 30, 2022, the Supreme Court issued its opinion in Biden v. Texas, holding that the Biden Administration lawfully and properly rescinded the MPP policy. The court lifted the stay in this case.

On March 13, 2023, West Virginia filed a motion for preliminary injunction and to hold unlawful and set aside an agency action. West Virginia asked the court to find that DHS's termination of MPP was arbitrary and capricious and to vacate the agency’s action. They also asked the court to order DHS to engage in a good faith-effort to re-implement MPP or a similar program. They sought to challenge an October 29, 2021 memorandum issued by the Secretary of the Department of Homeland Security, which announced the termination of MPP and denied that there were any fentanyl-related reliance interests associated with the policy. West Virginia argued that DHS had failed to consider the effect the cancellation of the policy would have on fentanyl trafficking into the country and specifically into West Virginia. 

On April 25, 2023, West Virginia moved to withdraw its motion for a preliminary injunction. On May 2, 2023, the district court lifted the stay and ordered the parties to meet and confer.

As of May 19, 2023, this case was ongoing. 

Summary Authors

Jordan Katz (3/27/2022)

Rhea Sharma (3/26/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60219748/parties/state-of-west-virginia-v-united-states-department-of-homeland-security/


Judge(s)

Kleeh, Thomas Shawn (West Virginia)

Attorney for Plaintiff

Buffington, Douglas P. (West Virginia)

Capehart, Curtis R.A. (West Virginia)

Krivonyak, Chanin W. (West Virginia)

Attorney for Defendant

Fudim, Elissa P. (West Virginia)

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Documents in the Clearinghouse

Document
1

2:21-cv-00022

Complaint

State of West Virginia v. United States Department of Homeland Security

Aug. 19, 2021

Aug. 19, 2021

Complaint
15

2:21-cv-00022

First Amended Complaint

State of West Virginia v. United States Department of Homeland Security

Dec. 22, 2021

Dec. 22, 2021

Complaint
29

2:21-cv-00022

Order of Administrative Stay

State of West Virginia v. United States Department of Homeland Security

Jan. 26, 2022

Jan. 26, 2022

Order/Opinion
31

2:21-cv-00022

Order of Stay Pending Decision in Biden v. Texas

State of West Virginia v. United States Department of Homeland Security

March 14, 2022

March 14, 2022

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60219748/state-of-west-virginia-v-united-states-department-of-homeland-security/

Last updated May 2, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against United States Department of Homeland Security, Alejandro Mayorkas filed by State of West Virginia. Filing Fee $402.00 PAID. Receipt #AWVNDC-3320700. (Attachments: # 1 Civil Cover Sheet)[Kleeh](cnd) Modified docket text on 8/19/2021 (cnd). (Entered: 08/19/2021)

Aug. 19, 2021

Aug. 19, 2021

Clearinghouse
3

CERTIFICATE OF SERVICE by State of West Virginia re 1 Complaint, (Attachments: # 1 Envelope, # 2 Summons)(Capehart, Curtis) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

PACER
4

CERTIFICATE OF SERVICE by State of West Virginia re 1 Complaint, (Attachments: # 1 Envelope, # 2 Summons)(Capehart, Curtis) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

PACER
5

VERIFICATION OF ATTORNEY ADMISSION as to Douglas Buffington, II re 1 Complaint. (copy Atty Buffington) (cnd) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

PACER
6

NOTICE of Appearance by Christopher James Prezioso on behalf of Alejandro Mayorkas, United States Department of Homeland Security (Prezioso, Christopher) (Entered: 11/02/2021)

Nov. 2, 2021

Nov. 2, 2021

RECAP
7

ORDER SCHEDULING STATUS CONFERENCE: A Status Conference is SCHEDULED for 11/8/2021 10:30 AM in Elkins District Judge Courtroom, 2nd Floor before District Judge Thomas S. Kleeh. Signed by District Judge Thomas S. Kleeh on 11/3/2021. (cnd) (Entered: 11/03/2021)

Nov. 3, 2021

Nov. 3, 2021

PACER
8

MOTION for Extension of Time to File Answer re 1 Complaint, by Alejandro Mayorkas, United States Department of Homeland Security. (Attachments: # 1 Proposed Order)(Prezioso, Christopher) (Entered: 11/03/2021)

Nov. 3, 2021

Nov. 3, 2021

PACER
9

MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before District Judge Thomas S. Kleeh: Status Conference held on 11/8/2021. (Court Reporter Jill Cutter) (cnd) (Entered: 11/08/2021)

Nov. 8, 2021

Nov. 8, 2021

PACER
10

ORDER FOLLOWING NOVEMBER 8, 2021 STATUS CONFERENCE: The Court GRANTED Defendants' 8 Motion for Extension to Answer or Otherwise Respond to Plaintiff's Complaint. The Court further ORDERED that the parties MEET AND CONFER on or before 12/3/2021. Defendants shall have until 12/10/2021 to answer or respond to Plaintiff's Complaint; United States Department of Homeland Security and Alejandro Mayorkas answer due 12/10/2021. The Court DIRECTS any motion for injunctive relief to be filed on or before 5:00 pm on 1/3/2022. Signed by District Judge Thomas S. Kleeh on 11/8/2021. (cnd) (Entered: 11/08/2021)

Nov. 8, 2021

Nov. 8, 2021

PACER
11

MOTION Department of Justice Application for Admission Pro Hac Vice Elissa Fudim by Alejandro Mayorkas, United States Department of Homeland Security. (Attachments: # 1 Proposed Order)(Prezioso, Christopher) (Entered: 11/09/2021)

Nov. 9, 2021

Nov. 9, 2021

PACER
12

ORDER APPROVING DEPARTMENT OF JUSTICE ATTORNEY'S APPLICATION TO APPEAR PRO HAC VICE: It is ORDERED that Elissa Fudim's 11 Applicationi/Motion for Admissioin Pro Hac Vice is hereby APPROVED. Attorney Elissa P. Fudim for Alejandro Mayorkas, United States Department of Homeland Security added. Signed by District Judge Thomas S. Kleeh on 11/10/2021. (cnd) (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

PACER
13

MOTION for Leave to File Amended Complaint by State of West Virginia. (Attachments: # 1 Proposed Order Leave to Amend Complaint)(Capehart, Curtis) (Entered: 12/09/2021)

Dec. 9, 2021

Dec. 9, 2021

PACER
14

ORDER: It is ORDERED that the State may file an Amended Complaint on or before 12/22/2021 and the Defendants may file an Answer to the Amended Complaint on or before 1/21/2022. Signed by District Judge Thomas S. Kleeh on 12/9/2021. (cnd) (Entered: 12/09/2021)

Dec. 9, 2021

Dec. 9, 2021

PACER
15

AMENDED COMPLAINT against All Defendants, filed by State of West Virginia.(Capehart, Curtis) (Entered: 12/22/2021)

Dec. 22, 2021

Dec. 22, 2021

Clearinghouse
16

MOTION for Extension of Time to File Motion for Preliminary Injunction by State of West Virginia. (Capehart, Curtis) (Entered: 12/22/2021)

Dec. 22, 2021

Dec. 22, 2021

PACER
17

ORDER: It is ORDERED that any motion for a preliminary injunction be filed on or before 1/19/2022. Signed by District Judge Thomas S. Kleeh on 12/23/2021. (cnd) (Entered: 12/23/2021)

Dec. 23, 2021

Dec. 23, 2021

PACER
18

MOTION to Stay by Alejandro Mayorkas, United States Department of Homeland Security. (Prezioso, Christopher) (Entered: 12/30/2021)

Dec. 30, 2021

Dec. 30, 2021

PACER
19

MEMORANDUM IN SUPPORT OF by Alejandro Mayorkas, United States Department of Homeland Security re 18 MOTION to Stay . (Prezioso, Christopher) (Entered: 12/30/2021)

Dec. 30, 2021

Dec. 30, 2021

PACER
20

MOTION to Stay ADMINISTRATIVE STAY PENDING BRIEFING ON MOTION FOR STAY by Alejandro Mayorkas, United States Department of Homeland Security. (Prezioso, Christopher) (Entered: 12/30/2021)

Dec. 30, 2021

Dec. 30, 2021

PACER
21

ORDER DIRECTING RESPONSE: The Court DIRECTS Plaintiff to file a response to Defendants' 18 MOTION to Stay, 20 MOTION to Stay by 1/7/2022. Signed by District Judge Thomas S. Kleeh on 1/4/2022. (cnd) (Entered: 01/04/2022)

Jan. 4, 2022

Jan. 4, 2022

PACER
22

Memorandum in Opposition re 18 MOTION to Stay, 20 MOTION to Stay ADMINISTRATIVE STAY PENDING BRIEFING ON MOTION FOR STAY filed by State of West Virginia. (Capehart, Curtis) (Entered: 01/07/2022)

Jan. 7, 2022

Jan. 7, 2022

RECAP
23

REPLY to Response to Motion re 18 MOTION to Stay, 20 MOTION to Stay ADMINISTRATIVE STAY PENDING BRIEFING ON MOTION FOR STAY filed by Alejandro Mayorkas, United States Department of Homeland Security. (Prezioso, Christopher) (Entered: 01/11/2022)

Jan. 11, 2022

Jan. 11, 2022

RECAP
24

MOTION for Extension of Time to File Motion for Preliminary Injunction by State of West Virginia. (Attachments: # 1 Proposed Order)(Capehart, Curtis) (Entered: 01/18/2022)

1 Proposed Order

View on PACER

Jan. 18, 2022

Jan. 18, 2022

RECAP
25

MOTION for Extension of Time to File Answer re 15 Amended Complaint by Alejandro Mayorkas, United States Department of Homeland Security. (Prezioso, Christopher) (Entered: 01/18/2022)

Jan. 18, 2022

Jan. 18, 2022

PACER
26

ORDER: It is ORDERED that the 24 Motion for Extension of Time to File is granted and the Motion for Preliminary Injunction may now be filed by 1/26/2022. Signed by District Judge Thomas S. Kleeh on 1/19/2022. (cnd) (Entered: 01/19/2022)

Jan. 19, 2022

Jan. 19, 2022

PACER
27

Proposed Order re 25 MOTION for Extension of Time to File Answer re 15 Amended Complaint by Alejandro Mayorkas, United States Department of Homeland Security. (Prezioso, Christopher) (Entered: 01/19/2022)

Jan. 19, 2022

Jan. 19, 2022

PACER
28

ORDER GRANTING DEFENDANTS' MOTION FOR EXTENSION OF TIME TO FILE FIRST RESPONSIVE PLEADING: It is ORDERED that Defendant's 25 Motion is GRANTED and that 2/21/2022 is designated as the date by which Defendants must answer or otherwise respond to Plaintiff's 15 Amended Complaint. Signed by District Judge Thomas S. Kleeh on 1/19/2022. (cnd) (Entered: 01/19/2022)

Jan. 19, 2022

Jan. 19, 2022

PACER
29

ORDER OF ADMINISTRATIVE STAY. The 20 motion for administrative stay is GRANTED and Defendants' 18 motion to stay pending the conclusion of proceedings in Texas v. Biden is DENIED without prejudice with leave to refile. Signed by District Judge Thomas S. Kleeh on 1/26/22. (lmm) (Entered: 01/26/2022)

Jan. 26, 2022

Jan. 26, 2022

Clearinghouse
30

MOTION to Stay RENEWED MOTION FOR A STAY PENDING DECISION IN BIDEN V. TEXAS by Alejandro Mayorkas, United States Department of Homeland Security. (Attachments: # 1 Proposed Order)(Prezioso, Christopher) (Entered: 02/25/2022)

Feb. 25, 2022

Feb. 25, 2022

PACER
31

ORDER OF STAY PENDING DECISION IN BIDEN V TEXAS, NO. 21-954, 2022 WL 497412, AT *1 (U.S. Feb. 18, 2022): The Court hereby GRANTS Defendants' 30 Renewed Motion for Stay and ORDERS a STAY of this action pending resolution of Biden v. Texas, No. 21-954. Signed by District Judge Thomas S. Kleeh on 3/14/2022. (cnd) (Entered: 03/14/2022)

March 14, 2022

March 14, 2022

Clearinghouse
32

MOTION for Preliminary Injunction by State of West Virginia. (Capehart, Curtis) (Entered: 03/13/2023)

March 13, 2023

March 13, 2023

PACER
33

MEMORANDUM of Law in Support by State of West Virginia re 32 MOTION for Preliminary Injunction . (Capehart, Curtis) (Entered: 03/13/2023)

March 13, 2023

March 13, 2023

RECAP
34

STIPULATION by Alejandro Mayorkas, United States Department of Homeland Security. (Prezioso, Christopher) (Entered: 03/21/2023)

March 21, 2023

March 21, 2023

PACER
35

NOTICE of Appearance by Maximillian F. Nogay on behalf of Alejandro Mayorkas, United States Department of Homeland Security (Nogay, Maximillian) (Entered: 03/21/2023)

March 21, 2023

March 21, 2023

PACER
36

MOTION to Strike 32 MOTION for Preliminary Injunction, 33 MEMORANDUM by Alejandro Mayorkas, United States Department of Homeland Security. (Prezioso, Christopher) (Entered: 04/21/2023)

April 21, 2023

April 21, 2023

PACER
37

ORDER SCHEDULING HEARING re 36 MOTION to Strike 32 MOTION for Preliminary Injunction, 32 MOTION for Preliminary Injunction: Motion Hearing set for 5/1/2023 02:00 PM in Clarksburg District Judge Courtroom, 2nd Floor before Chief District Judge Thomas S Kleeh. Signed by Chief District Judge Thomas S Kleeh on 4/21/2023. (cnd) (Entered: 04/21/2023)

April 21, 2023

April 21, 2023

PACER
38

MOTION for Leave to File Second Amended Complaint by State of West Virginia. (Attachments: # 1 Attachment Second Amended Complaint, # 2 Attachment Ex. A to Second Amended Complaint)(Capehart, Curtis) (Entered: 04/21/2023)

1

View on RECAP

April 21, 2023

April 21, 2023

PACER
39

MOTION To Appear By Remote Means Elissa P. Fudim by Alejandro Mayorkas, United States Department of Homeland Security. (Prezioso, Christopher) (Entered: 04/24/2023)

April 24, 2023

April 24, 2023

PACER
40

MOTION to Withdraw 32 MOTION for Preliminary Injunction, 33 MEMORANDUM by State of West Virginia. (Capehart, Curtis) (Entered: 04/25/2023)

April 25, 2023

April 25, 2023

PACER
41

ORDER GRANTING MOTION FOR ATTORNEY FUDIM TO APPEAR BY REMOTE MEANS: The Court GRANTS Defendants' 39 Motion to Appear by Remote Means on 5/1/2023. Signed by Chief District Judge Thomas S Kleeh on 4/28/2023. (cnd) (Entered: 04/28/2023)

April 28, 2023

April 28, 2023

PACER
42

NOTICE of Appearance by Chanin W. Krivonyak on behalf of State of West Virginia (Krivonyak, Chanin) (Entered: 04/28/2023)

April 28, 2023

April 28, 2023

PACER
43

MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before Chief District Judge Thomas S Kleeh: Motion Hearing held on 5/1/2023 re: 32 MOTION for Preliminary Injunction filed by State of West Virginia and 36 MOTION to Strike 32 Motion for Preliminary Injunction filed by Defendants. (Court Reporter Rachel Kocher) (jb) (Entered: 05/01/2023)

May 1, 2023

May 1, 2023

PACER
44

ORDER LIFTING STAY AND DIRECTING PARTIES TO MEET AND CONFER. Signed by Chief District Judge Thomas S Kleeh on 5/2/2023. (cnd) (Entered: 05/02/2023)

May 2, 2023

May 2, 2023

PACER
44

ORDER LIFTING STAY AND DIRECTING PARTIES TO MEET AND CONFER. Signed by Chief District Judge Thomas S Kleeh on 5/2/2023. (cnd) (Entered: 05/02/2023)

May 2, 2023

May 2, 2023

PACER
45

Notice (Other)

May 26, 2023

May 26, 2023

RECAP
45

Notice (Other)

May 26, 2023

May 26, 2023

RECAP
46

Order (PUBLIC) AND Order on Motion for Extension of Time to File Response/Reply

May 31, 2023

May 31, 2023

PACER
46

Order (PUBLIC) AND Order on Motion for Extension of Time to File Response/Reply

May 31, 2023

May 31, 2023

PACER
47

Stipulation of Dismissal

July 3, 2023

July 3, 2023

PACER
47

Stipulation of Dismissal

July 3, 2023

July 3, 2023

PACER
48

Order Dismissing Case

July 5, 2023

July 5, 2023

PACER
48

Order Dismissing Case

July 5, 2023

July 5, 2023

PACER

Case Details

State / Territory: West Virginia

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Aug. 19, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The State of West Virginia.

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Homeland Security, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Immigration/Border:

Asylum - procedure

Refugees