Case: Texas v. Walensky

6:22-cv-00013 | U.S. District Court for the Southern District of Texas

Filed Date: April 22, 2022

Case Ongoing

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Case Summary

This lawsuit challenged a Biden Administration order which implemented a wind-down of the Title 42 policy. This policy was put in place during the COVID-19 pandemic to prevent migrants from crossing the border and being placed into detention centers, which could increase the spread of COVID-19. Throughout the COVID pandemic, the Title 42 process was used instead of the Title 8 process to process migrants at the border. However, on April 1, 2022, the Center for Disease Control and Prevention (CDC) entered an order terminating Title 42 as of May 23, 2022 (Termination Order). The CDC's director stated that "there was no longer a serious danger that the entry of covered noncitizens [would] result in the introduction, transmission, and spread of COVID-19."

As a result, on April 22, 2022, Texas filed this lawsuit in the U.S. District Court for the Southern District of Texas under 5 U.S.C. §§ 702-703 and 28 U.S.C. §§ 2201-2202. Texas sued the CDC and its Director, the Secretary of Health and Human Services, the U.S. Department of Homeland Security and its Secretary, U.S. Immigration and Customs Enforcement and its Acting Director, and U.S. Customs and Border Protection and its Commissioner. Texas alleged that the Termination Order violated the Administrative Procedure Act because the defendants did not conduct the statutorily required notice and comment process and because the Termination Order was arbitrary and capricious. Texas requested injunctive and declaratory relief, as well as attorney's fees. The case was assigned to Judge Drew B. Tipton.

Simultaneous with the complaint, Texas filed a motion for preliminary injunction. They argued the Termination Order was not promulgated with the required notice-and-comment period and that the defendant's decision to terminate Title 42 was unreasoned, as it was inconsistent with other COVIVD-19 orders, and because the defendants did not consider all relevant factors. Texas requested the court postpone or preliminary enjoin the implementation of the Termination Order; they also requested the court expedite consideration of the motion and enter a decision before the Termination Order went into effect on May 23, 2022.

On April 24, Texas filed a motion for temporary restraining order and expedited discovery. They argued that the defendants had already started implementing the Termination Order in advance of the May 23 effective date and, resting largely on the reasoning in the preliminary injunction motion, requested the court to enter emergency relief requiring the defendants to continue enforcing Title 42 as it was used prior to the Termination Order being issued.

On April 28, the defendants provided notice that a judge in another case, Arizona v. CDC, had entered a temporary restraining order enjoining them from implementing the Termination Order early. The case is still ongoing.

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Summary Authors

Caitlin Kierum (5/2/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63256884/parties/state-of-texas-v-walensky/

Attorney for Plaintiff

Crapo, Matt A (Texas)

Hajec, Christopher J (Texas)

Hilton, Christopher D. (Texas)

Attorney for Defendant

Hu, Daniel David (Texas)

Kossak, Jonathan D (Texas)

Attorney for Plaintiff

Crapo, Matt A (Texas)

Hajec, Christopher J (Texas)

Hilton, Christopher D. (Texas)

Olson, Leif A. (Texas)

Reitz, Aaron Francis (Texas)

Attorney for Defendant

Hu, Daniel David (Texas)

Kossak, Jonathan D (Texas)

Lin, Jean (Texas)

Robinson, John (Texas)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 6:22-cv-00013	Complaint State of Texas v. Walensky	April 22, 2022	April 22, 2022 Complaint
2 6:22-cv-00013	Emergency Motion to Postpone or Preliminarily Enjoin Termination Order State of Texas v. Walensky	April 22, 2022	April 22, 2022 Pleading / Motion / Brief
5 6:22-cv-00013	Motion for Temporary Restraining Order and Expedited Discovery State of Texas v. Walensky	April 24, 2022	April 24, 2022 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/63256884/state-of-texas-v-walensky/

Last updated Dec. 21, 2024, 12:03 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants (Filing fee $ 402 receipt number CTXSDC-28064894) filed by STATE OF TEXAS. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Civil Cover Sheet)(Hilton, Christopher) (Entered: 04/22/2022) 1 Exhibit View on RECAP 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER 5 Exhibit View on PACER 6 Exhibit View on PACER 7 Exhibit View on PACER 8 Exhibit View on PACER 9 Civil Cover Sheet View on PACER	April 22, 2022	April 22, 2022 RECAP
2	MOTION for Preliminary Injunction by STATE OF TEXAS, filed. Motion Docket Date 5/13/2022. (Hilton, Christopher) (Entered: 04/22/2022)	April 22, 2022	April 22, 2022 RECAP
3	PROPOSED ORDER re: 2 MOTION for Preliminary Injunction, filed.(Hilton, Christopher) (Entered: 04/22/2022)	April 22, 2022	April 22, 2022 RECAP
4	Request for Issuance of Summons as to All Defendants, filed. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons, # 16 Summons, # 17 Summons, # 18 Summons, # 19 Summons, # 20 Summons, # 21 Summons, # 22 Summons, # 23 Summons, # 24 Summons, # 25 Summons, # 26 Summons, # 27 Summons, # 28 Summons, # 29 Summons)(Hilton, Christopher) (Entered: 04/22/2022)	April 22, 2022	April 22, 2022 PACER
5	MOTION for Temporary Restraining Order by STATE OF TEXAS, filed. Motion Docket Date 5/16/2022. (Attachments: # 1 Exhibit 1 - August 2021 Order, # 2 Exhibit 2 - Termination Order, # 3 Exhibit 3 - St. John declaration, # 4 Exhibit 4 - Nunez-Neto declaration, # 5 Proposed Order)(Olson, Leif) (Entered: 04/24/2022) 1 Exhibit 1 - August 2021 Order View on PACER 2 Exhibit 2 - Termination Order View on PACER 3 Exhibit 3 - St. John declaration View on PACER 4 Exhibit 4 - Nunez-Neto declaration View on PACER 5 Proposed Order View on PACER	April 24, 2022	April 24, 2022 RECAP
	Summons Not Issued as to Rochelle Walensky due to these deficiencies: Case Number/Style do not match case. Attorney for Plaintiff notified of deficiencies by NEF, filed.(BrittanyBoniface, 6)	April 25, 2022	April 25, 2022 PACER
6	Summons Issued as to Xavier Becerra, Center for Disease Control and Prevention, Tae Johnson, Christopher Magnus, Alejandro Mayorkas, U.S. Customs & Border Protection, US Department of Health & Human Services, US Department of Homeland Security, US Immigration & Customs Enforcement. Issued summons delivered to plaintiff by NEF, filed.(BrittanyBoniface, 6) (Entered: 04/25/2022)	April 25, 2022	April 25, 2022 PACER
7	Request for Issuance of Summons as to Rochelle Walensky, filed. (Attachments: # 1 Amended req issue summons, # 2 Amended req issue summons)(Hilton, Christopher) (Entered: 04/25/2022)	April 25, 2022	April 25, 2022 PACER
	Summons Not Issued as to Rochelle Walensky due to these deficiencies: Case Number/Style do not match case. Attorney or Plaintiff notified of deficiencies by Phone, filed.(BrittanyBoniface, 6)	April 25, 2022	April 25, 2022 PACER
8	Request for Issuance of Summons as to Rochelle Walensky, filed. (Attachments: # 1 2nd Amnd req issue summons, # 2 mnd req issue summons)(Hilton, Christopher) (Entered: 04/25/2022)	April 25, 2022	April 25, 2022 PACER
9	Summons Issued as to Rochelle Walensky. Issued summons delivered to plaintiff by NEF, filed.(BrittanyBoniface, 6) (Entered: 04/25/2022)	April 25, 2022	April 25, 2022 PACER
10	NOTICE of Setting. Parties notified. Status Conference set for 4/26/2022 at 02:00 PM before Judge Drew B Tipton, filed. All Parties to appear by ZOOM. Zoom link will be emailed to parties. All other participants may use the dial in instructions: Dial by your location +1 669 254 5252 US (San Jose) +1 646 828 7666 US (New York) +1 669 216 1590 US (San Jose) +1 551 285 1373 US Meeting ID: 160 994 8471 Passcode: 754354. (KelliePapaioannou, 2) (Entered: 04/25/2022)	April 25, 2022	April 25, 2022 PACER
	Summons Issued/Not Issued	April 25, 2022	April 25, 2022 PACER
11	RETURN of Service of SUMMONS Executed as to All Defendants, filed. (Attachments: # 1 Executed Summons, # 2 Executed Summons, # 3 Executed Summons, # 4 Executed Summons, # 5 Executed Summons, # 6 Executed Summons, # 7 Executed Summons, # 8 Executed Summons, # 9 Executed Summons)(Hilton, Christopher) (Entered: 04/26/2022)	April 26, 2022	April 26, 2022 PACER
	Minute Entry for proceedings held before Judge Drew B Tipton. STATUS CONFERENCE held on 4/26/2022. Parties agree the Motion for Temporary Restraining Order 5 need not be addressed by the Court at this time and it will be terminated as a result. The Plaintiff will confer with the plaintiffs in a related case in Louisiana and inform the Court about how they propose proceeding in this case. The Defendant moves to stay this case in favor of the related case. Appearances:Daniel Hu, Jean Lin. Leif A. Olson, Aaron Francis Reitz.(Digital # 2:01-2:20)(ERO:Sasha Ozuna), filed.(KelliePapaioannou, 2)	April 26, 2022	April 26, 2022 PACER
	Status Conference	April 26, 2022	April 26, 2022 PACER
12	MOTION for Matt A. Crapo to Appear Pro Hac Vice by State Of Texas, filed. Motion Docket Date 5/18/2022. (Crapo, Matt) (Entered: 04/27/2022)	April 27, 2022	April 27, 2022 PACER
13	MOTION for Jonathan D. Kossak to Appear Pro Hac Vice by Xavier Becerra, Center for Disease Control and Prevention, Tae Johnson, Christopher Magnus, Alejandro Mayorkas, U.S. Customs & Border Protection, US Department of Health & Human Services, US Department of Homeland Security, US Immigration & Customs Enforcement, Rochelle Walensky, filed. Motion Docket Date 5/18/2022. (Hu, Daniel) (Entered: 04/27/2022)	April 27, 2022	April 27, 2022 PACER
14	MOTION for Jean Lin to Appear Pro Hac Vice by Xavier Becerra, Center for Disease Control and Prevention, Tae Johnson, Christopher Magnus, Alejandro Mayorkas, U.S. Customs & Border Protection, US Department of Health & Human Services, US Department of Homeland Security, US Immigration & Customs Enforcement, Rochelle Walensky, filed. Motion Docket Date 5/18/2022. (Hu, Daniel) (Entered: 04/27/2022)	April 27, 2022	April 27, 2022 PACER
15	MOTION for John Robinson to Appear Pro Hac Vice by Xavier Becerra, Center for Disease Control and Prevention, Tae Johnson, Christopher Magnus, Alejandro Mayorkas, U.S. Customs & Border Protection, US Department of Health & Human Services, US Department of Homeland Security, US Immigration & Customs Enforcement, Rochelle Walensky, filed. Motion Docket Date 5/18/2022. (Hu, Daniel) (Entered: 04/27/2022)	April 27, 2022	April 27, 2022 PACER
16	ORDER granting 12 Motion for Matt A. Crapo to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 04/27/2022)	April 27, 2022	April 27, 2022 PACER
17	ORDER granting 14 Motion for Jean Lin to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 04/28/2022)	April 27, 2022	April 27, 2022 PACER
18	ORDER granting 15 Motion for John Robinson to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 04/28/2022)	April 27, 2022	April 27, 2022 PACER
19	ORDER granting 13 Motion for Jonathan D. Kossak to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 04/28/2022)	April 27, 2022	April 27, 2022 PACER
20	NOTICE of Temporary Restraining Order in Related Case by Xavier Becerra, Center for Disease Control and Prevention, Tae Johnson, Christopher Magnus, Alejandro Mayorkas, U.S. Customs & Border Protection, US Department of Health & Human Services, US Department of Homeland Security, US Immigration & Customs Enforcement, Rochelle Walensky, filed. (Attachments: # 1 Exhibit A (Arizona TRO))(Robinson, John) (Entered: 04/28/2022) 1 Exhibit A (Arizona TRO) View on PACER	April 28, 2022	April 28, 2022 RECAP
21	MOTION for Christopher Hajec to Appear Pro Hac Vice by State Of Texas, filed. Motion Docket Date 5/20/2022. (Hajec, Christopher) (Entered: 04/29/2022)	April 29, 2022	April 29, 2022 PACER
22	ORDER granting 21 Motion for Christopher J. Hajec to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 05/02/2022)	May 2, 2022	May 2, 2022 PACER
23	STATUS REPORT by State Of Texas, filed.(Olson, Leif) (Entered: 06/03/2022)	June 3, 2022	June 3, 2022 RECAP
24	NOTICE of Dismissal as to All Parties by State Of Texas, filed. (Olson, Leif) (Entered: 06/13/2022)	June 13, 2022	June 13, 2022 RECAP
	Case Terminated 6/13/2022 RE: 24 NOTICE of Dismissal as to All Parties. (KelliePapaioannou, 2)	June 13, 2022	June 13, 2022 PACER
	Remark (*PUBLIC ENTRY)	June 14, 2022	June 14, 2022 PACER