Case: Texas v. Department of Homeland Security

6:23-cv-00007 | U.S. District Court for the Southern District of Texas

Filed Date: Jan. 24, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

This case concerns a challenge by 21 states to a Biden administration program allowing up to 360,000 people from Cuba, Haiti, Venezuela, and Nicaragua to enter and work in the U.S. for up to 2 years each year. On January 24, 2023, 21 states, led by Texas, filed suit against the Department of Homeland Security (DHS) and various federal officials who lead agencies overseeing border security and immigration in the U.S. District Court for the Southern District of Texas. The plaintiffs sued the Unit…

This case concerns a challenge by 21 states to a Biden administration program allowing up to 360,000 people from Cuba, Haiti, Venezuela, and Nicaragua to enter and work in the U.S. for up to 2 years each year.

On January 24, 2023, 21 states, led by Texas, filed suit against the Department of Homeland Security (DHS) and various federal officials who lead agencies overseeing border security and immigration in the U.S. District Court for the Southern District of Texas. The plaintiffs sued the United States under federal question jurisdiction for a violation of numerous statutes. Plaintiffs put forth two central claims: first, that the parole program failed to follow proper notice and comment procedures and was arbitrary and capricious under the Administrative Procedure Act. Second, that the federal government/DHS exceeded its statutory authority under the program. Plaintiffs filed an amended complaint on February 14, 2023, that included more factual allegations but maintained the same legal claims. The case was assigned to/presided over by Judge Drew B. Tipton.

Represented by the various states' attorneys general, the states sought a preliminary injunction invalidating the program and declaratory relief in the form of declaring such a program to be unconstitutional on February 14, 2023. The states claimed that the parole granted in this situation was inconsistent with the limited bases for which parole may be granted under the Immigration and Nationality Act. The states claimed that if the program was not ended immediately then the harm to their citizens would be irreparable, varied, and only grow over time. Following the motion for the preliminary injunction, on February 17, 2023, the court notified the parties of its intent to consolidate the motion for the preliminary injunction with the court's consideration of the merits via a bench trial.

The federal government sought to have the venue of the case changed to either the Austin Division of the Western District of Texas or the District of Columbia, arguing that the case lacked a connection between plaintiffs' claims and the division and suggesting that plaintiff states had forum-shopped. According to plaintiffs, no individual in the division had successfully sought to sponsor a beneficiary under the parole program. As such, it was unlikely that a beneficiary who would cause the adverse consequences alleged by plaintiffs resided in the division. Furthermore, plaintiffs argued that the interest of justice favored transferring the case either to Austin or D.C., and if not there, to another judge within the district. The court denied the motion to transfer the case on March 10, 2023, reducing the federal government's concerns to a public perception of bias that the court failed to find compelling. 2023 WL 2457480.

On March 29, 2023, seven named individuals filed a motion to intervene as defendants in the case and seeking to defend the lawfulness of the program. The states opposed their intervention, claiming it was untimely, while the federal government was silent on the matter. The court granted the motion to intervene on April 19, 2023, finding that the application was timely and wouldn't cause undue delay. Furthermore, the court recognized that plaintiffs had a different motivation for defending the program than the federal government. While the federal government supported the parole program as an enforcement measure to increase security and reduce the influx of migrants at the border, the seven individuals sought to defend the program for the benefits that it provided to their communities. The intervenors also successfully demonstrated that they were exclusively concerned with the welfare of individuals directly benefiting from the parole program, in contrast to the federal government, which must balance advocacy for individuals entering the U.S. through the parole program with the duty to protect American citizens. 2023 WL 3025080.

Plaintiff states filed a motion for a temporary restraining order (TRO) on May 12, 2023, reiterating their arguments that the parole program was adopted without the required procedures or consideration of the relevant facts and contradicts the law. Therefore, the states argued, the court should either stay the effective date of the program or temporarily enjoin the federal government from implementing or operating it. The motion was spurred by the expiration of Title 42 on May 12 and the federal government's proposed parole with conditions policy, whereby migrants, after meeting certain screening requirements and scheduling an appointment with Immigration and Customs Enforcement (ICE), would be allowed to enter the U.S. on parole for an initial grant of 60 days. Plaintiffs also argued that the TRO should apply nationwide, not just in Texas or in plaintiff states. When plaintiffs filed the TRO motion, the trial had already been set for June. All defendants opposed the TRO.

On May 17, 2023, all parties, except for Florida, entered into a protective order to protect privileged documents and information while facilitating discovery. 

This case is ongoing.

Summary Authors

Zach Antin (2/14/2023)

Hannah Juge (5/20/2023)

Related Cases

Texas & Missouri v. United States, Northern District of Texas (2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/66754800/parties/state-of-texas-v-us-department-of-homeland-security/


Attorney for Defendant

Bentrott, Jane Petersen (Texas)

Hatoum, Daniel (Texas)

Expert/Monitor/Master/Other

Gould, Brandon R (Texas)

Kippins, Michael (Texas)

Polubinski, Edmund Polubinski (Texas)

show all people

Documents in the Clearinghouse

Document
1

6:23-cv-00007

Complaint

State of Texas v. U.S. Department of Homeland

Jan. 24, 2023

Jan. 24, 2023

Complaint
20

6:23-cv-00007

Amended Complaint

State of Texas v. U.S. Department of Homeland Security

Feb. 14, 2023

Feb. 14, 2023

Complaint
85

6:23-cv-00007

Memorandum Opinion and Order

State of Texas v. United States Department of Homeland Security

March 10, 2023

March 10, 2023

Order/Opinion

661 F.Supp.3d 661

133

6:23-cv-00007

Order

State of Texas v. United States Department of Homeland Security

April 19, 2023

April 19, 2023

Order/Opinion

2023 WL 2023

Docket

See docket on RECAP: https://www.courtlistener.com/docket/66754800/state-of-texas-v-us-department-of-homeland-security/

Last updated March 10, 2024, 4 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (Filing fee $ 402 receipt number ATXSDC-29363625) filed by STATE OF TEXAS. (Attachments: # 1 Civil Cover Sheet, # 2 Continuation Civil Cover Sheet Attachment)(Olson, Leif) (Attachment 1 replaced with flattened PDF on 1/24/2023) (BrittanyBoniface, 6). (Entered: 01/24/2023)

1 Civil Cover Sheet Civil Cover Sheet

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2 Continuation Civil Cover Sheet Attachment

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Jan. 24, 2023

Jan. 24, 2023

Clearinghouse
2

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 4/25/2023 at 02:00 PM by video before Judge Drew B Tipton.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 01/25/2023)

Jan. 25, 2023

Jan. 25, 2023

RECAP
3

NOTICE of Appearance by Erez Reuveni on behalf of Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Citizenship and Immigration Services, U.S. Customs & Border Protection, U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement, filed. (Reuveni, Erez) (Entered: 01/26/2023)

Jan. 26, 2023

Jan. 26, 2023

PACER
4

Unopposed MOTION for Leave to File Excess Pages by Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Citizenship and Immigration Services, U.S. Customs & Border Protection, U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement, filed. Motion Docket Date 2/16/2023. (Attachments: # 1 Proposed Order)(Reuveni, Erez) (Entered: 01/26/2023)

Jan. 26, 2023

Jan. 26, 2023

PACER
5

Opposed MOTION to Transfer Case to Austin Division, Western District of Texas or District of Columbia; Alternatively, to Brownsville, Corpus Christi, Houston, Laredo, or McAllen in the Southern District by Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Citizenship and Immigration Services, U.S. Customs & Border Protection, U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement, filed. Motion Docket Date 2/16/2023. (Attachments: # 1 Proposed Order)(Reuveni, Erez) (Entered: 01/26/2023)

1 Proposed Order

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Jan. 26, 2023

Jan. 26, 2023

PACER
6

Corrected MOTION to Transfer Case to Austin Division, Western District of Texas or District of Columbia; Alternatively, to Brownsville, Corpus Christi, Houston, Laredo, or McAllen in the Southern District by Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Citizenship and Immigration Services, U.S. Customs & Border Protection, U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement, filed. Motion Docket Date 2/16/2023. (Reuveni, Erez) (Entered: 01/26/2023)

Jan. 26, 2023

Jan. 26, 2023

RECAP
7

ORDER Granting 4 Motion for Leave to File Excess Pages.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 01/30/2023)

Jan. 30, 2023

Jan. 30, 2023

RECAP
8

MOTION for Joshua M. Divine to Appear Pro Hac Vice by State of Missouri, filed. Motion Docket Date 2/22/2023. (Divine, Joshua) (Entered: 02/01/2023)

Feb. 1, 2023

Feb. 1, 2023

PACER
9

MOTION for Charles F. Capps to Appear Pro Hac Vice by State of Missouri, filed. Motion Docket Date 2/22/2023. (Capps, Charles) (Entered: 02/01/2023)

Feb. 1, 2023

Feb. 1, 2023

PACER
10

ORDER granting 8 Motion for Joshua M. Divine to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 02/01/2023)

Feb. 1, 2023

Feb. 1, 2023

PACER
11

ORDER granting 9 Motion for Charles F. Capps to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 02/01/2023)

Feb. 1, 2023

Feb. 1, 2023

PACER
12

NOTICE of Appearance by Aaron F. Reitz on behalf of State of Texas, filed. (Reitz, Aaron) (Entered: 02/01/2023)

Feb. 1, 2023

Feb. 1, 2023

PACER
13

NOTICE of Appearance by Ryan D. Walters on behalf of State of Texas, filed. (Walters, Ryan) (Entered: 02/01/2023)

Feb. 1, 2023

Feb. 1, 2023

PACER
14

NOTICE of Appearance by Gene P. Hamilton on behalf of State of Texas, filed. (Hamilton, Gene) (Entered: 02/01/2023)

Feb. 1, 2023

Feb. 1, 2023

RECAP
15

Request for Issuance of Summons as to All Defendants, filed. (Attachments: # 1 Summons A. Mayorkas, # 2 Summons U.S. Citizenship and Immigration Services, # 3 Summons U. Jaddou, # 4 Summons U.S. Customs and Border Protection, # 5 Summons T. Miller, # 6 Summons U.S. Immigration and Customs Enforcement, # 7 Summons T. Johnson)(Olson, Leif) (Entered: 02/02/2023)

Feb. 2, 2023

Feb. 2, 2023

PACER

Summons Not Issued as to All Defendants due to these deficiencies: Case Number/Style do not match case, incomplete summons. Attorney for Plaintiff notified of deficiencies by email, filed.(BrittanyBoniface, 6)

Feb. 3, 2023

Feb. 3, 2023

PACER

Summons Issued/Not Issued

Feb. 3, 2023

Feb. 3, 2023

PACER
16

Request for Issuance of Summons as to All Defendants, Attorney General of the United States, U.S. Attorney for the Southern District of Texas, filed.(Olson, Leif) (Entered: 02/06/2023)

Feb. 6, 2023

Feb. 6, 2023

PACER
17

Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General. Issued summons returned to plaintiff by NEF, filed.(BrittanyBoniface, 6) (Entered: 02/07/2023)

Feb. 7, 2023

Feb. 7, 2023

PACER
18

MOTION for Justin L. Matheny to Appear Pro Hac Vice by State of Mississippi, filed. Motion Docket Date 3/1/2023. (Matheny, Justin) (Entered: 02/08/2023)

Feb. 8, 2023

Feb. 8, 2023

PACER
19

ORDER granting 18 Motion for Justin L. Matheny to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 02/09/2023)

Feb. 9, 2023

Feb. 9, 2023

RECAP
20

AMENDED COMPLAINT against All Defendants filed by State of Mississippi, State of Iowa, State of Tennessee, State of Alabama, State of Utah, State of Texas, State of South Carolina, State of Montana, State of Idaho, State of Alaska, Commonwealth of Kentucky, State of Missouri, State of Wyoming, State of Nebraska, State of Ohio, State of Kansas, State of Arkansas, State of West Virginia, State of Louisiana, State of Florida, State of Oklahoma.(Olson, Leif) (Entered: 02/14/2023)

Feb. 14, 2023

Feb. 14, 2023

Clearinghouse
21

Unopposed MOTION for Leave to File Excess Pages by Commonwealth of Kentucky, State of Alabama, State of Alaska, State of Arkansas, State of Florida, State of Idaho, State of Iowa, State of Kansas, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of Ohio, State of Oklahoma, State of South Carolina, State of Tennessee, State of Texas, State of Utah, State of West Virginia, State of Wyoming, filed. Motion Docket Date 3/7/2023. (Attachments: # 1 Proposed Order)(Olson, Leif) (Entered: 02/14/2023)

Feb. 14, 2023

Feb. 14, 2023

PACER
22

MOTION for Preliminary Injunction by Commonwealth of Kentucky, State of Alabama, State of Alaska, State of Arkansas, State of Florida, State of Idaho, State of Iowa, State of Kansas, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of Ohio, State of Oklahoma, State of South Carolina, State of Tennessee, State of Texas, State of Utah, State of West Virginia, State of Wyoming, filed. Motion Docket Date 3/7/2023. (Attachments: # 1 Exhibit A - DHS press release, # 2 Exhibit B - Pilot Program webpage, # 3 Exhibit C - Gipson decl. (DPS), # 4 Exhibit D - Lopez decl. (TEA), # 5 Exhibit E - Bricker decl. (HHSC), # 6 Exhibit F - Walz decl. (TDCJ), # 7 Proposed Order)(Olson, Leif) (Entered: 02/14/2023)

1 Exhibit A - DHS press release

View on PACER

2 Exhibit B - Pilot Program webpage

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3 Exhibit C - Gipson decl. (DPS)

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4 Exhibit D - Lopez decl. (TEA)

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5 Exhibit E - Bricker decl. (HHSC)

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6 Exhibit F - Walz decl. (TDCJ)

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7 Proposed Order

View on RECAP

Feb. 14, 2023

Feb. 14, 2023

RECAP
23

ORDER granting 21 Motion for Leave to File Excess Pages.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 02/15/2023)

Feb. 15, 2023

Feb. 15, 2023

PACER
24

MOTION for Eric Wessan to Appear Pro Hac Vice by State of Iowa, filed. Motion Docket Date 3/8/2023. (BrittanyBoniface, 6) (Entered: 02/15/2023)

Feb. 15, 2023

Feb. 15, 2023

PACER
25

MOTION for Michael R. Williams to Appear Pro Hac Vice by State of West Virginia, filed. Motion Docket Date 3/8/2023. (Williams, Michael) (Entered: 02/15/2023)

Feb. 15, 2023

Feb. 15, 2023

PACER
26

ORDER granting 24 Motion for Eric Wessan to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 02/15/2023)

Feb. 15, 2023

Feb. 15, 2023

PACER
27

ORDER granting 25 Motion for Michael Williams to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 02/15/2023)

Feb. 15, 2023

Feb. 15, 2023

PACER
28

MOTION for Lindsay S. See to Appear Pro Hac Vice by State of West Virginia, filed. Motion Docket Date 3/8/2023. (Attachments: # 1 Exhibit Good Standing Certificate)(See, Lindsay) (Entered: 02/15/2023)

Feb. 15, 2023

Feb. 15, 2023

PACER
29

MOTION for Edmund G. LaCour Jr. to Appear Pro Hac Vice by State of Alabama, filed. Motion Docket Date 3/8/2023. (Attachments: # 1 Exhibit Certificate of Good Standing)(LaCour, Edmund) (Entered: 02/15/2023)

Feb. 15, 2023

Feb. 15, 2023

PACER
30

MOTION for Nicholas J. Bronni to Appear Pro Hac Vice by State of Arkansas, filed. Motion Docket Date 3/8/2023. (Bronni, Nicholas) (Entered: 02/15/2023)

Feb. 15, 2023

Feb. 15, 2023

PACER
31

MOTION for Jesse A. Burris to Appear Pro Hac Vice by State of Kansas, filed. Motion Docket Date 3/8/2023. (Burris, Jesse) (Entered: 02/15/2023)

Feb. 15, 2023

Feb. 15, 2023

PACER
32

ORDER granting 28 Motion for Lindsay See to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 02/15/2023)

Feb. 15, 2023

Feb. 15, 2023

PACER
33

ORDER granting 29 Motion for Edmund LaCour Jr. to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 02/15/2023)

Feb. 15, 2023

Feb. 15, 2023

PACER
34

RESPONSE in Opposition to 5 Opposed MOTION to Transfer Case to Austin Division, Western District of Texas or District of Columbia; Alternatively, to Brownsville, Corpus Christi, Houston, Laredo, or McAllen in the Southern District, filed by Commonwealth of Kentucky, State of Alabama, State of Alaska, State of Arkansas, State of Florida, State of Idaho, State of Iowa, State of Kansas, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of Ohio, State of Oklahoma, State of South Carolina, State of Tennessee, State of Texas, State of Utah, State of West Virginia, State of Wyoming. (Olson, Leif) (Entered: 02/15/2023)

Feb. 15, 2023

Feb. 15, 2023

RECAP
35

ORDER Granting 31 MOTION for Jesse A. Burris to Appear Pro Hac Vice. (Signed by Judge Drew B Tipton) Parties notified.(SashaOzuna, 2) (Entered: 02/16/2023)

Feb. 15, 2023

Feb. 15, 2023

PACER
36

ORDER Granting 30 MOTION for Nicholas J. Bronni to Appear Pro Hac Vice. (Signed by Judge Drew B Tipton) Parties notified.(SashaOzuna, 2) (Entered: 02/16/2023)

Feb. 15, 2023

Feb. 15, 2023

RECAP
37

NOTICE of Setting re: 6 Corrected MOTION to Transfer Case to Austin Division, Western District of Texas or District of Columbia; Alternatively, to Brownsville, Corpus Christi, Houston, Laredo, or McAllen in the Southern District. Parties notified. Motion Hearing and Scheduling Conference set for 2/21/2023 at 04:00 PM by video before Judge Drew B Tipton, filed. Zoom link to be emailed to counsel. (KelliePapaioannou, 2) (Entered: 02/16/2023)

Feb. 16, 2023

Feb. 16, 2023

RECAP
38

MOTION for Clark L. Hildabrand to Appear Pro Hac Vice by State of Tennessee, filed. Motion Docket Date 3/9/2023. (Attachments: # 1 Hildabrand - TN Certificate of Good Standing)(Hildabrand, Clark) (Entered: 02/16/2023)

Feb. 16, 2023

Feb. 16, 2023

PACER
39

MOTION for Ryan Schelhaas to Appear Pro Hac Vice by State of Wyoming, filed. Motion Docket Date 3/9/2023. (Schelhaas, Ryan) (Entered: 02/16/2023)

Feb. 16, 2023

Feb. 16, 2023

PACER
40

RETURN of Service of SUMMONS Executed as to Troy Miller served on 2/10/2023, answer due 4/11/2023, filed. (Attachments: # 1 Ex A Advisory re SOP, # 2 Ex B Ack of Receipt)(Olson, Leif) (Entered: 02/16/2023)

Feb. 16, 2023

Feb. 16, 2023

PACER
41

RETURN of Service of SUMMONS Executed as to Alejandro Mayorkas served on 2/10/2023, answer due 4/11/2023, filed. (Attachments: # 1 Ex A Advisory re SOP, # 2 Ex B Ack of Receipt)(Olson, Leif) (Entered: 02/16/2023)

Feb. 16, 2023

Feb. 16, 2023

PACER
42

RETURN of Service of SUMMONS Executed as to U.S. Customs & Border Protection served on 2/10/2023, answer due 4/11/2023, filed. (Attachments: # 1 Ex A Advisory re SOP, # 2 Ex B Ack of Receipt)(Olson, Leif) (Entered: 02/16/2023)

Feb. 16, 2023

Feb. 16, 2023

PACER
43

ORDER Granting 38 MOTION for Clark L. Hildabrand to Appear Pro Hac Vice. (Signed by Judge Drew B Tipton) Parties notified.(SashaOzuna, 2) (Entered: 02/16/2023)

Feb. 16, 2023

Feb. 16, 2023

PACER
44

ORDER granting 39 Motion for Ryan Schelhaas to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Drew B Tipton) Parties notified.(vrios, 2) (Entered: 02/16/2023)

Feb. 16, 2023

Feb. 16, 2023

PACER
45

Unopposed MOTION for Leave to File Excess Pages by Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Citizenship and Immigration Services, U.S. Customs & Border Protection, U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement, filed. Motion Docket Date 3/13/2023. (Attachments: # 1 Proposed Order)(Reuveni, Erez) (Entered: 02/19/2023)

Feb. 19, 2023

Feb. 19, 2023

PACER
46

REPLY in Support of 6 Corrected MOTION to Transfer Case to Austin Division, Western District of Texas or District of Columbia; Alternatively, to Brownsville, Corpus Christi, Houston, Laredo, or McAllen in the Southern District, filed by Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Citizenship and Immigration Services, U.S. Customs & Border Protection, U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement. (Attachments: # 1 Exhibit Ex A - Suits by TX AG vs. Biden Admnistration in Texas Federal Court, # 2 Exhibit Ex B - Texas District Court Divisions, # 3 Exhibit Ex C - Declaration of Blas Nuez-Neto)(Reuveni, Erez) (Entered: 02/19/2023)

1 Exhibit Ex A - Suits by TX AG vs. Biden Admnistration in Texas Federal Court

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2 Exhibit Ex B - Texas District Court Divisions

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3 Exhibit Ex C - Declaration of Blas Nuez-Neto

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Feb. 19, 2023

Feb. 19, 2023

PACER
47

MOTION for James Percival to Appear Pro Hac Vice by State of Florida, filed. Motion Docket Date 3/13/2023. (Percival, James) (Entered: 02/20/2023)

Feb. 20, 2023

Feb. 20, 2023

PACER
48

NOTICE of Appearance by David Bryant on behalf of State of Texas, filed. (Bryant, M) (Entered: 02/21/2023)

Feb. 21, 2023

Feb. 21, 2023

PACER
49

ORDER granting 45 Motion for Leave to File Excess Pages.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 02/21/2023)

Feb. 21, 2023

Feb. 21, 2023

PACER
50

MOTION for Eric J. Hamilton to Appear Pro Hac Vice by State of Nebraska, filed. Motion Docket Date 3/14/2023. (Hamilton, Eric) (Entered: 02/21/2023)

Feb. 21, 2023

Feb. 21, 2023

PACER
51

ORDER granting 50 Motion for Eric J. Hamilton to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Drew B Tipton) Parties notified.(SashaOzuna, 2) (Entered: 02/21/2023)

Feb. 21, 2023

Feb. 21, 2023

PACER
52

ORDER granting 47 Motion for James Percival to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Drew B Tipton) Parties notified.(SashaOzuna, 2) (Entered: 02/21/2023)

Feb. 21, 2023

Feb. 21, 2023

PACER
53

MOTION for Sylvia May Mailman to Appear Pro Hac Vice by State of Ohio, filed. Motion Docket Date 3/14/2023. (Mailman, Sylvia) (Entered: 02/21/2023)

Feb. 21, 2023

Feb. 21, 2023

PACER
54

ORDER granting 53 Motion for Sylvia May Mailman to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Drew B Tipton) Parties notified.(SashaOzuna, 2) (Entered: 02/21/2023)

Feb. 21, 2023

Feb. 21, 2023

PACER
55

MOTION for Thomas T. Hydrick to Appear Pro Hac Vice by State of South Carolina, filed. Motion Docket Date 3/14/2023. (Hydrick, Thomas) (Entered: 02/21/2023)

Feb. 21, 2023

Feb. 21, 2023

PACER
56

ORDER granting 55 Motion for Thomas T. Hydrick to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Drew B Tipton) Parties notified.(NeldaGarcia, 2) (Entered: 02/22/2023)

Feb. 21, 2023

Feb. 21, 2023

PACER

Minute Entry for proceedings held before Judge Drew B Tipton. MOTION HEARING held on 2/21/2023. Plaintiffs request an expedited bench trial. Parties to confer and submit proposed scheduling order to the Court by close of business 2/24/2023. Motions for extra record discovery due by 2/24/2023. Any Response due by 3/3/2023. The Court hears argument re: 6 Corrected MOTION to Transfer Case. The Court carries the motion. Parties may file supplemental briefing regarding the Motion to Transfer Case. Appearances: Erez Reuveni, M David Bryant, Jr, Leif A. Olson, Ryan Daniel Walters.(Digital # 4:02-5:59)(Court Reporter: Heather Alcaraz), filed.(KelliePapaioannou, 2)

Feb. 21, 2023

Feb. 21, 2023

PACER
57

AO 435 TRANSCRIPT REQUEST by Defendants/Erez Reuveni for Transcript of Motion Hearing and Scheduling Conference, 2/21/2023 at 04:00 PM, Judge Tipton. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Heather Alcaraz, filed. (Reuveni, Erez) (Main Document 57 replaced with flattened PDF on 2/23/2023) (BrittanyBoniface, 6). (Entered: 02/22/2023)

Feb. 22, 2023

Feb. 22, 2023

RECAP

Motion Hearing

Feb. 22, 2023

Feb. 22, 2023

PACER
58

MOTION for Melissa Holyoak to Appear Pro Hac Vice by State of Utah, filed. Motion Docket Date 3/15/2023. (Holyoak, Melissa) (Entered: 02/22/2023)

Feb. 22, 2023

Feb. 22, 2023

PACER
59

AO 435 TRANSCRIPT REQUEST by State of Texas/Leif A. Olson for Transcript of Motion hearing and Scheduling Conference 02/21/23, Hon. Drew B. Tipton. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Heather Alcaraz, filed. (Olson, Leif) (Entered: 02/22/2023)

Feb. 22, 2023

Feb. 22, 2023

PACER
60

ORDER granting 58 Motion for Melissa A. Holyoak to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Drew B Tipton) Parties notified.(SashaOzuna, 2) (Entered: 02/22/2023)

Feb. 22, 2023

Feb. 22, 2023

PACER
61

MOTION for David M.S. Dewhirst to Appear Pro Hac Vice by State of Idaho, filed. Motion Docket Date 3/16/2023. (Attachments: # 1 Certificate of Good Standing)(Dewhirst, David) (Entered: 02/23/2023)

Feb. 23, 2023

Feb. 23, 2023

PACER
62

MOTION for Elizabeth B. Murrill to Appear Pro Hac Vice by State of Louisiana, filed. Motion Docket Date 3/16/2023. (Murrill, Elizabeth) (Entered: 02/23/2023)

Feb. 23, 2023

Feb. 23, 2023

PACER
63

ORDER granting 62 Motion for Elizabeth B. Murrill to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Drew B Tipton) Parties notified.(SashaOzuna, 2) (Entered: 02/23/2023)

Feb. 23, 2023

Feb. 23, 2023

PACER
64

ORDER granting 61 Motion for David M.S. Dewhirst to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Drew B Tipton) Parties notified.(SashaOzuna, 2) (Entered: 02/23/2023)

Feb. 23, 2023

Feb. 23, 2023

PACER
65

MOTION for Christian B. Corrigan to Appear Pro Hac Vice by State of Montana, filed. Motion Docket Date 3/16/2023. (Corrigan, Christian) (Entered: 02/23/2023)

Feb. 23, 2023

Feb. 23, 2023

PACER
66

NOTICE of Appearance by Christopher A. Robison on behalf of State of Alaska, filed. (Robison, Christopher) (Entered: 02/23/2023)

Feb. 23, 2023

Feb. 23, 2023

PACER
67

ADVISORY by Commonwealth of Kentucky, State of Alabama, State of Alaska, State of Arkansas, State of Florida, State of Idaho, State of Iowa, State of Kansas, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of Ohio, State of Oklahoma, State of South Carolina, State of Tennessee, State of Texas, State of Utah, State of West Virginia, State of Wyoming, filed. (Attachments: # 1 Proposed Order)(Walters, Ryan) (Entered: 02/24/2023)

1 Proposed Order

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Feb. 24, 2023

Feb. 24, 2023

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68

MOTION for Garry M. Gaskins, II to Appear Pro Hac Vice by State of Oklahoma, filed. Motion Docket Date 3/20/2023. (Gaskins, Garry) (Entered: 02/27/2023)

Feb. 27, 2023

Feb. 27, 2023

PACER
69

TRANSCRIPT re: Motion Hearing held on 2/21/23 before Judge Drew B Tipton. Court Reporter/Transcriber Heather Alcaraz. Ordering Party Erez Reuveni Release of Transcript Restriction set for 5/30/2023., filed. (Alcaraz, Heather) (Entered: 02/27/2023)

Feb. 27, 2023

Feb. 27, 2023

PACER
70

MOTION for Marc Manley to Appear Pro Hac Vice by Commonwealth of Kentucky, filed. Motion Docket Date 3/20/2023. (Manley, Marc) (Entered: 02/27/2023)

Feb. 27, 2023

Feb. 27, 2023

PACER
71

ORDER. Motions requesting extra-record discovery or evidence filed no later than 12:00pm on 3/3/2023. Responses due by 12:00pm on 3/10/2023. (Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 02/27/2023)

Feb. 27, 2023

Feb. 27, 2023

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72

Notice of Filing of Official Transcript as to 69 Transcript. Party notified, filed. (BrittanyBoniface, 6) (Entered: 02/28/2023)

Feb. 28, 2023

Feb. 28, 2023

PACER
73

Unopposed MOTION for Leave to File Excess Pages by Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Citizenship and Immigration Services, U.S. Customs & Border Protection, U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement, filed. Motion Docket Date 3/21/2023. (Attachments: # 1 Proposed Order)(Reuveni, Erez) (Entered: 02/28/2023)

Feb. 28, 2023

Feb. 28, 2023

PACER
74

Supplemental MEMORANDUM in support re: 6 Corrected MOTION to Transfer Case to Austin Division, Western District of Texas or District of Columbia; Alternatively, to Brownsville, Corpus Christi, Houston, Laredo, or McAllen in the Southern District, 46 Reply in Support of Motion,, by Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Citizenship and Immigration Services, U.S. Customs & Border Protection, U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement, filed.(Reuveni, Erez) (Entered: 02/28/2023)

Feb. 28, 2023

Feb. 28, 2023

RECAP
75

ORDER granting 68 Motion for Garry M. Gaskins, II to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Drew B Tipton) Parties notified.(SashaOzuna, 2) (Entered: 03/01/2023)

March 1, 2023

March 1, 2023

PACER
76

ORDER granting 65 Motion for Christian B. Corrigan to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Drew B Tipton) Parties notified.(SashaOzuna, 2) (Entered: 03/01/2023)

March 1, 2023

March 1, 2023

PACER
77

ORDER granting 70 Motion for Marc Manley to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Drew B Tipton) Parties notified.(SashaOzuna, 2) (Entered: 03/01/2023)

March 1, 2023

March 1, 2023

PACER
78

Joint MOTION for Extension of Time to file joint proposed schedule and motions for discovery by Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Citizenship and Immigration Services, U.S. Customs & Border Protection, U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement, filed. Motion Docket Date 3/23/2023. (Attachments: # 1 Proposed Order)(Reuveni, Erez) (Entered: 03/02/2023)

March 2, 2023

March 2, 2023

PACER
79

ORDER granting 78 Joint MOTION for Extension of Time to file joint proposed schedule and motions for discovery. (Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 03/03/2023)

March 3, 2023

March 3, 2023

RECAP
80

MOTION for Matt A. Crapo to Appear Pro Hac Vice by Immigration Reform Law Institute, filed. Motion Docket Date 3/24/2023. (Attachments: # 1 Certificate of Good Standing)(Crapo, Matt) (Entered: 03/03/2023)

1 Certificate of Good Standing

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March 3, 2023

March 3, 2023

RECAP
81

Unopposed MOTION for Leave to File Amicus Brief by Immigration Reform Law Institute, filed. Motion Docket Date 3/24/2023. (Attachments: # 1 Memorandum of Law of Immigration Reform Law Institute as Amicus Curiae in Support of Plaintiffs' Motion for Preliminary Injunction)(Crapo, Matt) (Entered: 03/03/2023)

1 Memorandum of Law of Immigration Reform Law Institute as Amicus Curiae in Suppo

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March 3, 2023

March 3, 2023

RECAP
82

PROPOSED ORDER to 81 Unopposed MOTION for Leave to File Amicus Brief (Proposed Order), filed by Immigration Reform Law Institute. (Crapo, Matt) (Entered: 03/03/2023)

March 3, 2023

March 3, 2023

RECAP
83

ORDER granting 80 Motion for Matt A. Crapo to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 03/06/2023)

March 3, 2023

March 3, 2023

RECAP
84

ADVISORY by Commonwealth of Kentucky, State of Alabama, State of Alaska, State of Arkansas, State of Florida, State of Idaho, State of Iowa, State of Kansas, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of Ohio, State of Oklahoma, State of South Carolina, State of Tennessee, State of Texas, State of Utah, State of West Virginia, State of Wyoming, filed. (Attachments: # 1 Proposed Order)(Walters, Ryan) (Entered: 03/06/2023)

1 Proposed Order

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March 6, 2023

March 6, 2023

RECAP
85

MEMORANDUM OPINION AND ORDER denying 6 Corrected Motion to Transfer Case.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 03/10/2023)

March 10, 2023

March 10, 2023

Clearinghouse
86

ORDER granting 73 Motion for Leave to File Excess Pages.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 03/10/2023)

March 10, 2023

March 10, 2023

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87

ORDER granting 81 Motion for Leave to File Brief.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 03/10/2023)

March 10, 2023

March 10, 2023

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88

MEMORANDUM OF LAW of Immigration Reform Law Institute as Amicus Curiae in Support of 22 MOTION for Preliminary Injunction by Immigration Reform Law Institute, filed.(KelliePapaioannou, 2) (Entered: 03/10/2023)

March 10, 2023

March 10, 2023

RECAP
89

NOTICE of service of administrative records by Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Citizenship and Immigration Services, U.S. Customs & Border Protection, U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement, filed. (Attachments: # 1 Cuba Certification, # 2 Cuba Administrative Record Index, # 3 Haiti Certification, # 4 Haiti Administrative Record Index, # 5 Nicaragua Certification, # 6 Nicaragua Administrative Record Index, # 7 Venezuela Certification, # 8 Venezuela Administrative Record Index)(Reuveni, Erez) (Entered: 03/17/2023)

1 Cuba Certification

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2 Cuba Administrative Record Index

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3 Haiti Certification

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4 Haiti Administrative Record Index

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5 Nicaragua Certification

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6 Nicaragua Administrative Record Index

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7 Venezuela Certification

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8 Venezuela Administrative Record Index

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March 17, 2023

March 17, 2023

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90

ORDER Final Pretrial Conference set for 6/12/2023 at 01:00 PM in 4th Floor Courtroom of the Victoria, Texas Courthouse. Bench Trial set for 6/13/2023 at 09:00 AM in 4th Floor Courtroom of the Victoria, Texas Courthouse before Judge Drew B Tipton.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 03/22/2023)

March 22, 2023

March 22, 2023

RECAP
91

MOTION for James K. Rogers to Appear Pro Hac Vice by State of Texas, filed. Motion Docket Date 4/13/2023. (Rogers, James) (Main Document 91 replaced with flattened PDF on 3/24/2023) (BrittanyBoniface, 6). (Entered: 03/23/2023)

March 23, 2023

March 23, 2023

RECAP
92

ADMINISTRATIVE TRANSCRIPT/RECORD from U.S. Department of Justice by Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Citizenship and Immigration Services, U.S. Customs & Border Protection, U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement, filed. (Attachments: # 1 Unredacted attachment, # 2 Unredacted attachment, # 3 Unredacted attachment, # 4 Unredacted attachment, # 5 Unredacted attachment, # 6 Unredacted attachment, # 7 Unredacted attachment)(Reuveni, Erez) (Entered: 03/24/2023)

March 24, 2023

March 24, 2023

PACER
93

ADMINISTRATIVE TRANSCRIPT/RECORD from U.S. Department of Justice by Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Citizenship and Immigration Services, U.S. Customs & Border Protection, U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement, filed. (Attachments: # 1 Unredacted attachment, # 2 Unredacted attachment, # 3 Unredacted attachment, # 4 Unredacted attachment, # 5 Unredacted attachment, # 6 Unredacted attachment, # 7 Unredacted attachment, # 8 Unredacted attachment)(Reuveni, Erez) (Entered: 03/24/2023)

March 24, 2023

March 24, 2023

PACER
94

ADMINISTRATIVE TRANSCRIPT/RECORD from U.S. Department of Justice by Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Citizenship and Immigration Services, U.S. Customs & Border Protection, U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement, filed. (Attachments: # 1 Unredacted attachment, # 2 Unredacted attachment, # 3 Unredacted attachment, # 4 Unredacted attachment, # 5 Unredacted attachment, # 6 Unredacted attachment, # 7 Unredacted attachment)(Reuveni, Erez) (Entered: 03/24/2023)

1 Unredacted attachment

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2 Unredacted attachment

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3 Unredacted attachment

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4 Unredacted attachment

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5 Unredacted attachment

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6 Unredacted attachment

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7 Unredacted attachment

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March 24, 2023

March 24, 2023

RECAP
95

ADMINISTRATIVE TRANSCRIPT/RECORD from U.S. Department of Justice by Ur Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, U.S. Citizenship and Immigration Services, U.S. Customs & Border Protection, U.S. Department of Homeland Security, U.S. Immigration & Customs Enforcement, filed. (Attachments: # 1 Unredacted attachment, # 2 Unredacted attachment, # 3 Unredacted attachment, # 4 Unredacted attachment, # 5 Unredacted attachment, # 6 Unredacted attachment, # 7 Unredacted attachment)(Reuveni, Erez) (Entered: 03/24/2023)

1 Unredacted attachment

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2 Unredacted attachment

View on PACER

3 Unredacted attachment

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4 Unredacted attachment

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5 Unredacted attachment

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6 Unredacted attachment

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7 Unredacted attachment

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March 24, 2023

March 24, 2023

PACER
96

MOTION for Benjamin M. Flowers to Appear Pro Hac Vice by State of Ohio, filed. Motion Docket Date 4/14/2023. (Flowers, Benjamin) (Entered: 03/24/2023)

March 24, 2023

March 24, 2023

RECAP

Case Details

State / Territory: Texas

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Jan. 24, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

20 states (Texas, Alabama, Alaska, Arkansas, Florida, Idaho, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, South Carolina, Tennessee, Utah, West Virginia, Wyoming)

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

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

Mandamus, 28 U.S.C. § 1361

FISA Title VII targeting order (Sections 702, 703, 704), 50 U.S.C. 1881a, 1881b, 1881c

Ex parte Young (federal or state officials)

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:

Admission - criteria

Admission - procedure

Cuban/Haitian entrant

Status/Classification

Visas - criteria

Visas - procedures

Work authorization - criteria

Work authorization - procedures