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Case: Indiana v. Biden

1:22-cv-00192 | U.S. District Court for the Northern District of Indiana

Filed Date: June 6, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 6, 2022, the State of Indiana filed suit against President Joseph R. Biden, the United States, the U.S. Department of Homeland Security, Secretary of Homeland Security Alejandro Mayorkas, the U.S. Citizenship and Immigrations Services, Director of U.S. Citizenship and Immigration Services Ur Jaddou, U.S. Immigration and Customs Enforcement, Acting Director of U.S. Immigration and Customs Enforcement Tae D. Johnson, U.S. Customs and Border Protection, and Commissioner for U.S. Customs an…

On June 6, 2022, the State of Indiana filed suit against President Joseph R. Biden, the United States, the U.S. Department of Homeland Security, Secretary of Homeland Security Alejandro Mayorkas, the U.S. Citizenship and Immigrations Services, Director of U.S. Citizenship and Immigration Services Ur Jaddou, U.S. Immigration and Customs Enforcement, Acting Director of U.S. Immigration and Customs Enforcement Tae D. Johnson, U.S. Customs and Border Protection, and Commissioner for U.S. Customs and Border Protection Christ Magnus. Indiana, represented by their Attorney General's office, challenged the Biden Administration's practice of releasing some asylum seekers from detention while the federal government adjudicated their claims for humanitarian protection (a process that often takes years). The lawsuit was filed in the U.S. District Court for the Northern District of Indiana and assigned to Magistrate Judge Susan Collins.

Indiana claimed the defendants were in violation of 8 U.S.C. 1182, 8 U.S.C § 1225(b)(1), and the Administrative Procedure Act. The plaintiffs asserted that immigration detainees were supposed to either be (1) detained, (2) returned, or (3) granted parole, but that the Biden Administration had released over 500,000 asylum seekers with only a notice to appear. Indiana also claimed that thousands of paroled immigrants hadn't been reviewed by the federal government, and that the Biden Administration had created new notices and policies that would release even more detainees. Indiana argued that many of the individuals were sex offenders, would end up bringing drugs into the state, and would otherwise burden the state's social services and schools. Indiana asked the Court to declare unlawful and stop the Biden Administration's allegedly illegal use if its limited parole authority. Indiana also asked the Court to compel the Biden Administration to follow existing law, award Indiana costs and reasonable attorney's fees, and award any other just relief.

On September 7, 2022, Indiana amended their complaint to include updated statistics and a new exhibit of the Biden Administration's updated Parole + Alternatives to Detention Policy. Indiana also added the argument that not criminally charging immigration detainees was dangerous, and that COVID was not an excuse for the policy due to available treatments and the CDC's Title 42 Order suspending the right to introduce migrants into the U.S. The following week, Judge Collins ordered the parties to engage in limited jurisdictional discovery until December 15, 2022, to determine if Indiana had Article III standing. As of October 26, 2022, the case was ongoing.

Summary Authors

Zoe Van Dyke (10/19/2022)

Documents in the Clearinghouse

Document
1

1:22-cv-00192

Complaint for Declaratory and Injunctive Relief

June 6, 2022

June 6, 2022

Complaint
18

1:22-cv-00192

Amended Complaint for Declaratory and Injunctive Relief

Sept. 7, 2022

Sept. 7, 2022

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63362437/indiana-state-of-v-biden/

Last updated Oct. 26, 2022, 1:27 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AINNDC-4936663.), filed by State of Indiana. (Attachments: # 1 Exhibit A - Parole and ADT Memo from Florida case, # 2 Civil Cover Sheet, # 3 Proposed Summons)(DeNardi, Betsy) (Entered: 06/06/2022)

1 Exhibit A - Parole and ADT Memo from Florida case

View on PACER

2 Civil Cover Sheet

View on PACER

3 Proposed Summons

View on PACER

June 6, 2022

June 6, 2022

Clearinghouse
2

NOTICE of Appearance by Betsy M DeNardi on behalf of State of Indiana (DeNardi, Betsy) (Entered: 06/06/2022)

June 6, 2022

June 6, 2022

PACER
3

NOTICE of Appearance by Cory C Voight on behalf of State of Indiana (Voight, Cory) (Entered: 06/06/2022)

June 6, 2022

June 6, 2022

PACER

**New case** Judge Holly A Brady and Magistrate Judge Susan L Collins added. (kms)

June 7, 2022

June 7, 2022

PACER

Add and Terminate Judges

June 7, 2022

June 7, 2022

PACER
4

NOTICE of Appearance by Erin Ryan on behalf of All Defendants (Ryan, Erin) (Entered: 06/09/2022)

June 9, 2022

June 9, 2022

PACER
5

Proposed Summons filed by Indiana State of. (DeNardi, Betsy) (Entered: 06/09/2022)

June 9, 2022

June 9, 2022

PACER
6

Summons Issued as to Joseph R Biden, Jr, Department of Homeland Security, Ur Jaddou, Tae D Johnson, Chris Magnus, Alejandro Mayorkas, US Citizenship and Immigration Services, US Customs and Border Protection, US Immigration and Customs Enforcement and United States of America. NOTE: The attached document is accessible by court personnel only. (nal) (Entered: 06/10/2022)

June 10, 2022

June 10, 2022

PACER
7

NOTICE of Hearing: Telephonic Rule 16 Preliminary Pretrial Conference set for 7/19/2022 at 10:30 AM in US District Court - Fort Wayne before Magistrate Judge Susan L Collins. Court to initiate call.(mr) (Entered: 06/13/2022)

June 13, 2022

June 13, 2022

PACER
8

MAGISTRATE JUDGE CONSENT FORMS sent to all parties. (mr) (Entered: 06/13/2022)

June 13, 2022

June 13, 2022

PACER
9

Consent MOTION to Vacate 7 Notice of Hearing/Deadlines respectfully requesting that the Order scheduling a pretrial conference be vacated until the Defendants have been served and have answered or otherwise responded to the Complaint by Defendants Joseph R Biden, Jr, Department of Homeland Security, Ur Jaddou, Tae D Johnson, Chris Magnus, Alejandro Mayorkas, US Citizenship and Immigration Services, US Customs and Border Protection, US Immigration and Customs Enforcement, United States of America. (Ryan, Erin) (Entered: 06/22/2022)

June 22, 2022

June 22, 2022

PACER
10

ORDER: Defendants are DIRECTED to file on or before 7/7/2022, an amended Consent Motion with a corrected page 3 as outlined. Signed by Magistrate Judge Susan L Collins on 6/30/2022. (mrm) (Entered: 06/30/2022)

June 30, 2022

June 30, 2022

PACER
11

Consent MOTION to Vacate 7 Notice of Hearing/Deadlines updated pursuant to the Court's June 30, 2022 Order by Defendants Joseph R Biden, Jr, Department of Homeland Security, Ur Jaddou, Tae D Johnson, Chris Magnus, Alejandro Mayorkas, US Citizenship and Immigration Services, US Customs and Border Protection, US Immigration and Customs Enforcement, United States of America. (Ryan, Erin) (Entered: 06/30/2022)

June 30, 2022

June 30, 2022

PACER
12

ORDER for Magistrate Judge Susan Collins: 11 Defendants' Consent Motion to Vacate the Preliminary Pretrial Conference and the Deadline to File a Proposed Joint Case Management Plan is granted. The telephonic Rule 16 Preliminary Pretrial Conference set for 7/19/2022 at 10:30 am is VACATED. Hearing to be reset after Defendants have responded to the Complaint. 9 Defendants' Consent Motion to Vacate Preliminary Pretrial Conference is deemed moot by the filing of ECF 11. Text entry order.(mr) (Entered: 07/01/2022)

July 1, 2022

July 1, 2022

PACER

~Util - Terminate Motions AND 1 - Terminate Hearings AND Order

July 1, 2022

July 1, 2022

PACER

1 - Terminate Hearings AND ~Util - Terminate Motions AND Order

July 1, 2022

July 1, 2022

PACER

1 - Terminate Hearings AND Order AND ~Util - Terminate Motions

July 1, 2022

July 1, 2022

PACER
13

SUMMONS Returned Executed by Indiana State of. All Defendants. (Attachments: # 1 Exhibit A - USA Service, # 2 Exhibit B - Biden Service, # 3 Exhibit C - INND District Attorney Service, # 4 Exhibit D - Magnus Service, # 5 Exhibit E - Mayorkas Service, # 6 Exhibit F - Jaddou Service, # 7 Exhibit G - Customs and Border Service, # 8 Exhibit H - Immigration and Customs Service, # 9 Exhibit I - Johnson Service, # 10 Exhibit J - Dept. of Homeland Service, # 11 Exhibit K - Citizenship and Immigration Service)(DeNardi, Betsy) (Entered: 07/11/2022)

July 11, 2022

July 11, 2022

PACER
14

Joint MOTION for Extension of Time to File Answer re 1 Complaint, to permit Plaintiff time to seek leave to file its Amended Complaint by Defendants Joseph R Biden, Jr, Department of Homeland Security, Ur Jaddou, Tae D Johnson, Chris Magnus, Alejandro Mayorkas, US Citizenship and Immigration Services, US Customs and Border Protection, US Immigration and Customs Enforcement, United States of America. (Ryan, Erin) (Entered: 08/05/2022)

Aug. 5, 2022

Aug. 5, 2022

PACER
15

ORDER for Magistrate Judge Susan Collins: The 14 Joint Motion for an Extension of Time for Defendants to Answer or Otherwise Respond to the Complaint is granted. Defendants granted to and including 9/23/2022 to file an Answer or otherwise respond to the Complaint. Text entry order.(mr) (Entered: 08/08/2022)

Aug. 8, 2022

Aug. 8, 2022

PACER

~Util - Terminate Motions AND ~Util - Set Deadlines AND Order

Aug. 8, 2022

Aug. 8, 2022

PACER

~Util - Set Deadlines AND Order AND ~Util - Terminate Motions

Aug. 8, 2022

Aug. 8, 2022

PACER

~Util - Terminate Motions AND Order AND ~Util - Set Deadlines

Aug. 8, 2022

Aug. 8, 2022

PACER

~Util - Set Deadlines AND ~Util - Terminate Motions AND Order

Aug. 8, 2022

Aug. 8, 2022

PACER
16

MOTION to Amend/Correct Complaint by Plaintiff Indiana State of. (Attachments: # 1 Amended Complaint, # 2 Exhibit A to Complaint, # 3 Exhibit B to Complaint)(DeNardi, Betsy) (Entered: 08/30/2022)

Aug. 30, 2022

Aug. 30, 2022

PACER
17

ORDER: Plaintiff's motion to amend 16 is GRANTED. See Fed. R. Civ. P. 15(a) (2) (stating that the court should "freely give leave [to amend] when justice so requires"). Plaintiff is afforded to and including 09/07/2022 to file the proposed amended complaint (ECF 16-1) and exhibits (ECF 16-2, 16-3). Signed by Magistrate Judge Susan L Collins on 08/31/2022. (jdb) (Entered: 08/31/2022)

Aug. 31, 2022

Aug. 31, 2022

PACER
18

AMENDED COMPLAINT against All Defendants, filed by Indiana State of. (Attachments: # 1 Exhibit A - Parole and ADT Memo from Florida case, # 2 Exhibit B - Parole + ATD Policy dated 7.18.2022)(DeNardi, Betsy) (Entered: 09/07/2022)

Sept. 7, 2022

Sept. 7, 2022

Clearinghouse
19

Joint MOTION to Stay Defendants' deadline to answer or otherwise respond to the Amended Complaint, Joint MOTION for Discovery requesting that the Court permit the parties time to conduct jurisdictional discovery by Defendants Joseph R Biden, Jr, Department of Homeland Security, Ur Jaddou, Tae D Johnson, Chris Magnus, Alejandro Mayorkas, US Citizenship and Immigration Services, US Customs and Border Protection, US Immigration and Customs Enforcement, United States of America. (Ryan, Erin) (Entered: 09/16/2022)

Sept. 16, 2022

Sept. 16, 2022

RECAP
20

ORDER for Magistrate Judge Susan Collins: The 19 Joint Motion to Hold Defendants' Answer Date in Abeyance to Allow the Parties Time to Conduct Jurisdictional Discovery is granted. Defendants' deadline to answer or respond to Plaintiff's Complaint is STAYED. The parties are afforded to and including 12/15/2022 to engage in limited jurisdictional discovery concerning whether Plaintiff has Article III standing to pursue this suit. Parties are ORDERED to file a joint status report on or before 12/22/2022, that includes a proposed briefing schedule for any motions to dismiss by Defendants. (mr) (Entered: 09/19/2022)

Sept. 19, 2022

Sept. 19, 2022

PACER

1 - Terminate Deadlines AND ~Util - Set Deadlines/Hearings AND Order AND ~Util - Terminate Motions

Sept. 19, 2022

Sept. 19, 2022

PACER

~Util - Set Deadlines/Hearings AND ~Util - Terminate Motions AND 1 - Terminate Deadlines AND Order

Sept. 19, 2022

Sept. 19, 2022

PACER

1 - Terminate Deadlines AND Order AND ~Util - Set Deadlines/Hearings AND ~Util - Terminate Motions

Sept. 19, 2022

Sept. 19, 2022

PACER

~Util - Set Deadlines/Hearings AND 1 - Terminate Deadlines AND ~Util - Terminate Motions AND Order

Sept. 19, 2022

Sept. 19, 2022

PACER

Case Details

State / Territory: Indiana

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: June 6, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

State of Indiana

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States of America (District of Columbia, District of Columbia), Federal

U.S. Department of Homeland Security (District of Columbia, District of Columbia), Federal

U.S. Citizenship and Immigration Services (District of Columbia, District of Columbia), Federal

U.S. Immigration and Customs Enforcement (District of Columbia, District of Columbia), Federal

U.S. Customs and Border Protection (District of Columbia, District of Columbia), Federal

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

Ex parte Young (federal or state officials)

Availably Documents:

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Pattern or Practice

Placement in detention facilities

Discrimination-basis:

Immigration status

Immigration/Border:

Admission - criteria

Admission - procedure

Asylum - criteria

Asylum - procedure

Deportation - criteria

Deportation - judicial review

Deportation - procedure

Detention - criteria

Detention - procedures

Legalization/Amnesty

Refugees

Status/Classification

Temporary protected status

Undocumented immigrants - rights and duties