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

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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…

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.

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Summary Authors

Zach Antin (2/14/2023)

Hannah Juge (5/20/2023)

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
133 6:23-cv-00007	Order State of Texas v. United States Department of Homeland Security	April 19, 2023	April 19, 2023 Order/Opinion

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Docket

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

Last updated July 4, 2023, 3 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 View on PACER 2 Continuation Civil Cover Sheet Attachment View on PACER	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 View on PACER	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 View on PACER 3 Exhibit C - Gipson decl. (DPS) View on PACER 4 Exhibit D - Lopez decl. (TEA) View on PACER 5 Exhibit E - Bricker decl. (HHSC) View on PACER 6 Exhibit F - Walz decl. (TDCJ) View on PACER 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 View on PACER 2 Exhibit Ex B - Texas District Court Divisions View on PACER 3 Exhibit Ex C - Declaration of Blas Nuez-Neto View on PACER	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
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
	Motion Hearing	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 View on PACER	Feb. 24, 2023	Feb. 24, 2023 RECAP
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 RECAP
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 View on RECAP	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 View on RECAP	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 View on RECAP	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 RECAP
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 RECAP
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 View on RECAP 2 Cuba Administrative Record Index View on RECAP 3 Haiti Certification View on RECAP 4 Haiti Administrative Record Index View on RECAP 5 Nicaragua Certification View on RECAP 6 Nicaragua Administrative Record Index View on RECAP 7 Venezuela Certification View on RECAP 8 Venezuela Administrative Record Index View on RECAP	March 17, 2023	March 17, 2023 RECAP
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 View on RECAP 2 Unredacted attachment View on RECAP 3 Unredacted attachment View on RECAP 4 Unredacted attachment View on RECAP 5 Unredacted attachment View on RECAP 6 Unredacted attachment View on RECAP 7 Unredacted attachment View on RECAP	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 View on PACER 2 Unredacted attachment View on PACER 3 Unredacted attachment View on PACER 4 Unredacted attachment View on PACER 5 Unredacted attachment View on PACER 6 Unredacted attachment View on PACER 7 Unredacted attachment View on PACER	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

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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: