Case: Florida v. Mayorkas

3:23-cv-09962 | U.S. District Court for the Northern District of Florida

Filed Date: May 10, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 10, 2023, the State of Florida filed a complaint against the Secretary of the United States Department of Homeland Security (“DHS”) and the Chief of Border Patrol in the U.S. District Court for the Northern District of Florida. Florida challenged a new DHS policy known as Parole with Conditions whereby some asylum seekers are released from detention — on immigration parole — while the federal government adjudicates their claims for humanitarian protection. The new DHS policy was set to c…

On May 10, 2023, the State of Florida filed a complaint against the Secretary of the United States Department of Homeland Security (“DHS”) and the Chief of Border Patrol in the U.S. District Court for the Northern District of Florida. Florida challenged a new DHS policy known as Parole with Conditions whereby some asylum seekers are released from detention — on immigration parole — while the federal government adjudicates their claims for humanitarian protection. The new DHS policy was set to come into effect due to the expiration of “Title 42,” a COVID-19 border restriction policy on May 11, thereby creating a “surge of aliens” into the state. Florida, thus, alleged that the Parole with Conditions policy was in violation of the Administrative Procedure Act (“APA”), contending that the policy was in excess of the authority granted to DHS, was arbitrary and capricious agency action, and because DHS did not conduct notice-and-comment requirements. Represented by the State’s Attorney General, Florida requested declaratory relief that the policy was unlawful and injunctive relief to enjoin the policy’s enforcement. The case was assigned to District Judge T. Kent Wetherell II. 

The State of Florida filed a motion for temporary restraining order (TRO) against the policy’s enforcement on May 11. Judge Wetherell granted the TRO for 14 days. 672 F.Supp.3d 1206. In response, the defendants filed a motion asking Judge Wetherell to convert the TRO into a preliminary injunction and to stay the injunction pending appeal from the Eleventh Circuit. The parties then filed a joint stipulation on May 14 asking Judge Wetherell to expeditiously decide whether Florida is entitled to a preliminary injunction, requesting the filings to date be considered as motions and responses to a motion for preliminary relief. Judge Wetherell denied the defendants’ motion to stay the TRO, but granted a preliminary injunction, enjoining the defendants from enforcing the new parole policy on May 16. The defendants promptly appealed the injunction the following day to the U.S. Court of Appeals for the Eleventh Circuit. 

On May 31, 2023, the State of Florida filed an amended complaint, realleging all that was included in the initial complaint but further challenged a Notice to Appear/On Recognizance (NTA/OR) policy referenced in the Parole with Conditions policy. The State sought review of the NTA/OR agency action, and alleged it also violated the APA for being in excess of the authority granted to DHS, being arbitrary and capricious, and because DHS did not conduct notice-and-comment requirements.

The parties then began discovery on the issue of standing and the case was stayed due to the pending appeal at the Eleventh Circuit. The appeal was consolidated with an appeal of the final judgment in Florida v. United States, No. 3:21-cv-1066 (N.D. Fla. Mar. 8, 2023). Oral arguments occurred in the Appeals Court on January 26, 2024. On February 13, 2024, the Eleventh Circuit ordered a limited remand to the District Court to determine whether Florida had standing. This was done in light of the U.S. Supreme Court’s decision in United States v. Texas, 599 U.S. 670 (2023) holding that Texas lacked standing to sue over a similar policy. Proceedings would then continue at the appellate level in light of the District Court’s determinations. 

On February 20, 2024, on remand, the District Court determined that United States v. Texas did not impact the Court’s determination that Florida had standing to challenge the policies at issue in these cases. Florida thus had Article III standing. 2024 WL 677713. The case was thus sent back to the Eleventh Circuit, and is ongoing. 

Summary Authors

Kavitha Babu (3/15/2024)

Related Cases

Florida v. United States, Northern District of Florida (2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67367309/parties/state-of-florida-v-mayorkas/


Attorney for Plaintiff

BELL, DANIEL WILLIAM (Florida)

CHRISTMAS, NATALIE (Florida)

GUARD, JOHN MATTHEW (Florida)

Attorney for Defendant

DARROW, JOSEPH ANTON (Florida)

FABIAN, SARAH B (Florida)

show all people

Documents in the Clearinghouse

Document
1

3:23-cv-09962

Complaint for Temporary Restraining Order, Preliminary and Permanent Injunctive Relief, and Declaratory Relief

May 10, 2023

May 10, 2023

Complaint
10

3:23-cv-09962

Temporary Restraining Order

May 11, 2023

May 11, 2023

Order/Opinion

672 F.Supp.3d 672

30

3:23-cv-09962

Preliminary Injunction

May 16, 2023

May 16, 2023

Order/Opinion

2023 WL 2023

43

3:23-cv-09962

Amended Complaint for Temporary Restraining Order, Preliminary and Permanent Injunctive Relief, and Declaratory Relief

May 31, 2023

May 31, 2023

Complaint
85

23-11528

Order of the Court

Florida v. United States of America

U.S. Court of Appeals for the Eleventh Circuit

Feb. 13, 2024

Feb. 13, 2024

Order/Opinion
67

3:23-cv-09962

Order of the Court

Florida v. United States

U.S. Court of Appeals for the Eleventh Circuit

Feb. 14, 2024

Feb. 14, 2024

Order/Opinion
69

3:23-cv-09962

Corrected Order Regarding Jurisdiction

Florida v. United States of America

Feb. 20, 2024

Feb. 20, 2024

Order/Opinion

2024 WL 2024

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67367309/state-of-florida-v-mayorkas/

Last updated March 15, 2024, 2:07 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Temporary Restraining Order, Preliminary and Permanent Injunctive Relief, and Declaratory Relief against All Defendants ( Filing fee $ 402 receipt number AFLNDC-7864201.), filed by State of Florida. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Proposed Summons) (PERCIVAL, JAMES) (Entered: 05/10/2023)

1 Civil Cover Sheet

View on RECAP

2 Exhibit Proposed Summons

View on RECAP

May 10, 2023

May 10, 2023

Clearinghouse

Action Required by District Judge

May 10, 2023

May 10, 2023

PACER

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 1 COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF, AND DECLARATORY RELIEF. (jfj)

May 10, 2023

May 10, 2023

PACER
2

Emergency MOTION for Temporary Restraining Order by State of Florida. (Attachments: # 1 Exhibit Emails with Counsel) (PERCIVAL, JAMES) (Entered: 05/11/2023)

1 Exhibit Emails with Counsel

View on PACER

May 11, 2023

May 11, 2023

RECAP

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 2 Emergency MOTION for Temporary Restraining Order. (jfj)

May 11, 2023

May 11, 2023

PACER
3

ORDER REQUIRING EXPEDITED RESPONSE. Florida shall email a copy of this Order on the attorneys who represented the defendants in Florida. Defendants shall have until 4:00 p.m. eastern time to respond to Florida's emergency motion for a TRO (Doc. 2 ). The response shall be e-filed through CM/ECF and emailed to flnd_wetherell@flnd.uscourts.gov. Signed by JUDGE T KENT WETHERELL II on 05/11/23. (jfj) (Entered: 05/11/2023)

May 11, 2023

May 11, 2023

RECAP

Action Required by District Judge

May 11, 2023

May 11, 2023

PACER
4

Summons Issued as to Alejandro Mayorkas, Raul Ortiz, United States. (Attachments: # 1 Summons, # 2 Summons) (jfj) (Entered: 05/11/2023)

May 11, 2023

May 11, 2023

PACER

Set/Reset Hearings

May 11, 2023

May 11, 2023

PACER
5

NOTICE of Filing Copy of Challenged Policy by State of Florida re 2 Emergency MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit The Challenged Policy) (PERCIVAL, JAMES) (Entered: 05/11/2023)

May 11, 2023

May 11, 2023

PACER

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 5 Notice. (jfj)

May 11, 2023

May 11, 2023

PACER
6

NOTICE of Appearance by JOSEPH ANTON DARROW on behalf of All Defendants (DARROW, JOSEPH) (Entered: 05/11/2023)

May 11, 2023

May 11, 2023

PACER
7

MOTION for Extension of Time to File Response/Reply as to 3 Order, Notice of Receiving Complaint and TRO by Alejandro Mayorkas, Raul Ortiz, United States. (Attachments: # 1 Exhibit A - May 10, 2023 Memorandum) (DARROW, JOSEPH) (Entered: 05/11/2023)

1 Exhibit A - May 10, 2023 Memorandum

View on RECAP

May 11, 2023

May 11, 2023

RECAP
8

ORDER. Defendants' motion for extension of time (Doc. 7 ) is GRANTED in part, and Defendants shall have until 5:00 p.m. eastern time today to respond to Plaintiff's emergency motion for a TRO. Signed by JUDGE T KENT WETHERELL II on 05/11/23. (jfj) (Entered: 05/11/2023)

May 11, 2023

May 11, 2023

RECAP
9

RESPONSE in Opposition re 2 Emergency MOTION for Temporary Restraining Order filed by ALEJANDRO MAYORKAS, RAUL ORTIZ, UNITED STATES. (Attachments: # 1 Exhibit A - Policy on Parole With Conditions, # 2 Exhibit B - Matthew Hudak Declaration) (DARROW, JOSEPH) (Entered: 05/11/2023)

1 Exhibit A - Policy on Parole With Conditions

View on PACER

2 Exhibit B - Matthew Hudak Declaration

View on PACER

May 11, 2023

May 11, 2023

RECAP

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 9 OPPOSITION TO EMERGENCY MOTION FOR A TEMPORARY RESTRAINING ORDER. (jfj)

May 11, 2023

May 11, 2023

PACER
10

TEMPORARY RESTRAINING ORDER re 2 Emergency MOTION for Temporary Restraining Order. ORDERED that: DHS is enjoined from implementing or enforcing the parole policy contained in the May 10, 2023, Memorandum from U.S. Border Patrol Chief Raul Ortiz, titled "Policy on Parole with Conditions in Limited Circumstances Prior to Issuance of a Charging Document (Parole with Conditions)." This TRO will take effect at 11:59 p.m. eastern time to correspond with the expiration of the Title 42 Order and to give Defendants an opportunity to seek an emergency stay from a higher court. This TRO will expire 14 days from the date of this Order. See Fed. R. Civ. P. 65(b)(2). A preliminary injunction hearing is scheduled for May 19, 2023, at 9:00 a.m. in the United States Courthouse, 1 North Palafox Street, Courtroom 4 North, Pensacola, Florida. Signed by JUDGE T KENT WETHERELL II on 5/11/2023. (pmc) (Entered: 05/11/2023)

May 11, 2023

May 11, 2023

Clearinghouse

Set Hearing: Preliminary Injunction Hearing set for 5/19/2023 at 9:00 AM in U.S. Courthouse Pensacola before JUDGE T KENT WETHERELL II. (pmc)

May 11, 2023

May 11, 2023

PACER
11

MOTION to Compel Production of Administrative Record and for Limited Discovery by STATE OF FLORIDA. (Attachments: # 1 Exhibit Conferral with counsel) (PERCIVAL, JAMES) (Entered: 05/12/2023)

1 Exhibit Conferral with counsel

View on RECAP

May 12, 2023

May 12, 2023

RECAP

Action Required by District Judge

May 12, 2023

May 12, 2023

PACER

Action Required by Magistrate Judge

May 12, 2023

May 12, 2023

PACER

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 11 MOTION to Compel Production of Administrative Record and for Limited Discovery. (alb) Modified on 5/12/2023 (jfj) Motion now referred to Magistrate Judge.

May 12, 2023

May 12, 2023

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ZACHARY C BOLITHO notified that action is needed Re: 11 TIME SENSITIVE MOTION FOR LIMITED DISCOVERY AND TO COMPEL PRODUCTION OF THE ADMINISTRATIVE RECORD. Referred to ZACHARY C BOLITHO. (jfj)

May 12, 2023

May 12, 2023

PACER
12

ORDER entered re Florida's 11 Motion to Compel Production of Administrative Record and for Limited Discovery. Defendants shall have until May 15, 2023 at 12:00 p.m. (EST) to respond to Florida's motion. The Court will hold a telephone hearing on Florida's motion on May 15, 2023 at 3:30 p.m. (EST). Call-in instructions will be circulated by the Court the morning of May 15, 2023. Signed by MAGISTRATE JUDGE ZACHARY C BOLITHO on 5/12/2023. (hmw) (Entered: 05/12/2023)

May 12, 2023

May 12, 2023

PACER
13

Emergency MOTION to Stay re 10 Temporary Restraining Order,,, and Vacatur Pending Appeal by ALEJANDRO MAYORKAS, RAUL ORTIZ, UNITED STATES. (Attachments: # 1 Exhibit A - May 12, 2023 Declaration of Matthew Hudak, # 2 Exhibit B - May 12, 2023 Declaration of Daniel Bible, # 3 Text of Proposed Order Proposed Order) (DARROW, JOSEPH) (Entered: 05/12/2023)

1 Exhibit A - May 12, 2023 Declaration of Matthew Hudak

View on PACER

2 Exhibit B - May 12, 2023 Declaration of Daniel Bible

View on PACER

3 Text of Proposed Order Proposed Order

View on PACER

May 12, 2023

May 12, 2023

RECAP
14

RESPONSE to Motion re 13 Emergency MOTION to Stay re 10 Temporary Restraining Order,,, and Vacatur Pending Appeal filed by STATE OF FLORIDA. (PERCIVAL, JAMES) (Entered: 05/13/2023)

May 13, 2023

May 13, 2023

RECAP
15

ORDER SHORTENING RESPONSE PERIOD - Plaintiff shall have until noon central time on Monday, May 15, 2023, to respond to Defendants' motion to stay 13 and explain why the TRO should not be converted into a preliminary injunction. By that same deadline, 5/15/2023, each party may submit a proposed preliminary injunction for the Court's consideration in the event the Court decides to deny the motion to stay and grant Plaintiff's request to convert the TRO into a preliminary injunction. (Internal deadline for referral to judge if response not filed earlier: 5/15/2023). Signed by JUDGE T KENT WETHERELL II on 5/13/2023. (erl) (Entered: 05/13/2023)

May 13, 2023

May 13, 2023

RECAP
16

NOTICE of Joint Stipulation Regarding Further Proceedings by STATE OF FLORIDA (PERCIVAL, JAMES) (Entered: 05/14/2023)

May 14, 2023

May 14, 2023

RECAP

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 26 Response to Order to Show Cause, 27 NOTICE Declaration - Attachment A by ALEJANDRO MAYORKAS, RAUL ORTIZ, UNITED STATES re 26 Response to Order to Show Cause. (jfj)

May 15, 2023

May 15, 2023

PACER
17

ORDER TO SHOW CAUSE. It has come to the Court's attention that there are published news reports stating that DHS "paroled" 2,500 aliens after the Court entered its temporary restraining order. No later than 2:00 p.m. central time today, Defendants shall file a report with the Court addressing the allegations in the article referenced above, and if the allegations are true, Defendants shall show cause why they should not be held in contempt for violating the temporary restraining order. (SEE FULL ORDER) Signed by JUDGE T KENT WETHERELL II on 05/15/23. (Show Cause Response due by 2:00 p.m. central time on 5/15/2023. (jfj)

May 15, 2023

May 15, 2023

RECAP
18

ORDER. The preliminary injunction hearing scheduled for May 19, 2023, is cancelled. The parties shall confer in an effort to reach a stipulation regarding the number of daily encounters during the days or weeks leading up to the expiration of the Title 42 Order and the number of daily encounters since. The stipulation shall be filed as soon as possible today, preferably by the deadline for the proposed preliminary injunctions. If the parties cannot reach a stipulation, they shall explain in their proposed preliminary injunctions why the Court cannot take judicial notice of the statements that have been attributed to the DHS Secretary about the lower- than-expected number of encounters in evaluating the weight of the evidence currently before the Court and in determining whether to stay the TRO and/or enter a preliminary injunction. (SEE FULL ORDER) Signed by JUDGE T KENT WETHERELL II on 05/15/23. (jfj)

May 15, 2023

May 15, 2023

RECAP
19

According to the parties' [16] Notice of Joint Stipulation Regarding Further Proceedings, Florida has withdrawn its [11] Motion to Compel Production of Administrative Record and for Limited Discovery without prejudice to filing a similar motion later in the proceedings as may be appropriate. The Clerk of Court, therefore, is directed to terminate the motion [11]. The hearing scheduled for today at 3:30pm (EST) is canceled. (See Doc. 12). Signed by MAGISTRATE JUDGE ZACHARY C BOLITHO on 5/15/2023. (hmw)

May 15, 2023

May 15, 2023

PACER
20

NOTICE of Appearance by SARAH B FABIAN on behalf of All Defendants (FABIAN, SARAH)

May 15, 2023

May 15, 2023

RECAP
21

RESPONSE in Opposition re [13] Emergency MOTION to Stay re [10] Temporary Restraining Order,,, and Vacatur Pending Appeal filed by STATE OF FLORIDA. (PERCIVAL, JAMES)

May 15, 2023

May 15, 2023

RECAP
22

NOTICE of Filing Proposed Order by STATE OF FLORIDA (PERCIVAL, JAMES)

May 15, 2023

May 15, 2023

RECAP
23

NOTICE of Appearance by DANIEL WILLIAM BELL on behalf of STATE OF FLORIDA (BELL, DANIEL)

May 15, 2023

May 15, 2023

RECAP
24

NOTICE filing Proposed Order by ALEJANDRO MAYORKAS, RAUL ORTIZ, UNITED STATES (FABIAN, SARAH)

May 15, 2023

May 15, 2023

RECAP
25

NOTICE by STATE OF FLORIDA re [21] Response in Opposition to Motion, [22] Notice (Other) (PERCIVAL, JAMES)

May 15, 2023

May 15, 2023

RECAP
26

RESPONSE TO ORDER TO SHOW CAUSE by ALEJANDRO MAYORKAS, RAUL ORTIZ, UNITED STATES. (Attachments: # (1) Exhibit) (FABIAN, SARAH)

1 Exhibit

View on RECAP

May 15, 2023

May 15, 2023

RECAP
27

NOTICE Declaration - Attachment A by ALEJANDRO MAYORKAS, RAUL ORTIZ, UNITED STATES re [26] Response to Order to Show Cause (FABIAN, SARAH)

May 15, 2023

May 15, 2023

RECAP
28

NOTICE Joint Notice of Compliance with ECF No. 18 by ALEJANDRO MAYORKAS, RAUL ORTIZ, UNITED STATES re [18] Order,,, (FABIAN, SARAH)

May 15, 2023

May 15, 2023

RECAP
29

ORDER DENYING STAY. DHS's motion to stay the TRO (Doc. [13]) is DENIED. The Court will rule on DHS's request to convert the TRO into a preliminary injunction in the next day or so. Signed by JUDGE T KENT WETHERELL II on 5/15/2023. (pmc)

May 15, 2023

May 15, 2023

RECAP
30

PRELIMINARY INJUNCTION. DHS is enjoined from implementing or enforcing the parole policy contained in the May 10, 2023, Memorandum from U.S. Border Patrol Chief Raul Ortiz, titled "Policy on Parole with Conditions in Limited Circumstances Prior to Issuance of a Charging Document (Parole with Conditions)," pending disposition of this case or further order of the Court. The parties shall file a status report 14 days from the date of this Order explaining how they intend to proceed with this case in this Court pending resolution of DHS's expected appeal of the preliminary injunction, and unless the parties agree that this case should be stayed pending appeal, the status report shall include a proposed scheduling order. Signed by JUDGE T KENT WETHERELL II on 05/16/23. (Status Report due by 5/30/2023.) (jfj)

May 16, 2023

May 16, 2023

Clearinghouse
31

ORDER. The Order to Show Cause is discharged as to the 2,576 aliens released under the Parole with Conditions policy after the TRO went into effect, but DHS shall file periodic reports on the status of those aliens containing the information described above. The first report is due 60 days from the date of this Order, which roughly corresponds to the period within which those aliens are required report to ICE to be issued NTAs under the Parole with Conditions policy. Consideration of the Order to Show Cause is deferred as to the 167 aliens who may have released under the Parole with Conditions policy even though their processing may not have been fully complete when the TRO took effect, and DHS shall file supplemental information about the circumstances of those aliens' releases on or before Friday, May 19, 2023. Signed by JUDGE T KENT WETHERELL II on 05/16/23. (Report due by 7/17/2023.) (jfj)

May 16, 2023

May 16, 2023

RECAP
32

NOTICE OF APPEAL as to [30] Preliminary Injunction,,,, Set Deadlines/Hearings,,, by ALEJANDRO MAYORKAS, RAUL ORTIZ, UNITED STATES. ( (DARROW, JOSEPH)

May 17, 2023

May 17, 2023

RECAP

Set Deadlines re 32 Notice of Appeal: Clerk to check status of Appeal on 8/15/2023. Certificate of Readiness (FRAP 11) due by 6/1/2023. (jfj)

May 18, 2023

May 18, 2023

PACER
33

Appeal Instructions re: [32] Notice of Appeal : The Transcript Request Form is available on the Internet at https://www.flnd.uscourts.gov/form/eleventh-circuit-transcript-information-form **PLEASE NOTE** Separate forms must be filed for each court reporter in both the district court and the appeals court. Transcript Order Form due by 5/31/2023. (jfj)

May 18, 2023

May 18, 2023

RECAP
34

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re [32] Notice of Appeal. (jfj)

May 18, 2023

May 18, 2023

RECAP
37

USCA PROCEDURAL LETTER re: [32] NOTICE OF APPEAL as to [30] Preliminary Injunction. USCA Appeal # 23-11644-G (jfj)

May 18, 2023

May 18, 2023

RECAP
35

RESPONSE by ALEJANDRO MAYORKAS, RAUL ORTIZ, UNITED STATES re [31] Order,,,, Set Deadlines/Hearings,,, . (Attachments: # (1) Exhibit BeMiller Declaration) (FABIAN, SARAH)

1 Exhibit BeMiller Declaration

View on RECAP

May 19, 2023

May 19, 2023

RECAP

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 35 DEFENDANTS' FURTHER RESPONSE TO ORDER TO SHOW CAUSE. (jfj)

May 22, 2023

May 22, 2023

PACER
36

ORDER. This case is before the Court based on Defendants' further response to the Order to Show Cause (Doc. [35]). The Order to Show Cause (Doc. [17]) is discharged, subject to the follow- up reporting required for the 2,752 aliens released under the Parole with Conditions policy after the TRO took effect. See Doc. [31] at 4 (1). Signed by JUDGE T KENT WETHERELL II on 05/22/23. (jfj)

May 22, 2023

May 22, 2023

RECAP
38

Consent MOTION to Extend Time to File a Status Report by STATE OF FLORIDA. (PERCIVAL, JAMES)

May 25, 2023

May 25, 2023

RECAP
39

NOTICE of Proof of Service by STATE OF FLORIDA (Attachments: # (1) Exhibit Certified Mail Receipts, # (2) Exhibit USPS Tracking) (CHRISTMAS, NATALIE)

May 25, 2023

May 25, 2023

RECAP
40

NOTICE of Appearance by DARRICK WILLIAM MONSON on behalf of STATE OF FLORIDA (MONSON, DARRICK)

May 25, 2023

May 25, 2023

RECAP
41

ORDER GRANTING EXTENSION OF TIME. Upon due consideration of Plaintiff's consent motion for extension of time (Doc. [38]), it is ORDERED that the motion is GRANTED, and the deadline for the parties to file their status report / proposed case management schedule is extended to the later of June 6, 2023, or 7 days after the Eleventh Circuit rules on Defendants' emergency motion for a stay. Signed by JUDGE T KENT WETHERELL II on 05/26/23. (Status Report due by 6/6/2023, or 7 days after the Eleventh Circuit rules on Defendants' emergency motion for a stay.) (jfj)

May 26, 2023

May 26, 2023

RECAP
42

TRANSCRIPT REQUEST by ALEJANDRO MAYORKAS, RAUL ORTIZ, UNITED STATES (DARROW, JOSEPH)

May 30, 2023

May 30, 2023

RECAP

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 43 AMENDED COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF, AND DECLARATORY RELIEF. (jfj)

May 31, 2023

May 31, 2023

PACER
43

FIRST AMENDED COMPLAINT against All Defendants All Defendants., filed by STATE OF FLORIDA. (Attachments: # (1) Exhibit Red Line Showing Changes) (PERCIVAL, JAMES)

1 Exhibit Red Line Showing Changes

View on RECAP

May 31, 2023

May 31, 2023

Clearinghouse
44

Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Northern District of Florida certifies that the record is complete for purposes of this appeal re: [32] Notice of Appeal, Appeal No. 23-11644-G. The entire record on appeal is available electronically. (jfj)

May 31, 2023

May 31, 2023

PACER
45

NOTICE of Filing Joint Status Report by STATE OF FLORIDA re [30] Preliminary Injunction,,,, Set Deadlines/Hearings,,, (PERCIVAL, JAMES)

June 12, 2023

June 12, 2023

RECAP
46

NOTICE of Filing Challenged Policy by STATE OF FLORIDA (Attachments: # 1 Exhibit NTA/OR Policy) (PERCIVAL, JAMES) (Entered: 06/13/2023)

1 Exhibit NTA/OR Policy

View on RECAP

June 13, 2023

June 13, 2023

RECAP

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 45 JOINT STATUS REPORT, 46 NOTICE OF FILING CHALLENGED POLICY. (jfj)

June 13, 2023

June 13, 2023

PACER
47

NOTICE OF TELEPHONIC SCHEDULING CONFERENCE. TAKE NOTICE that a telephonic scheduling conference in this case has been set before Judge T. Kent Wetherell as described below: DATE: Wednesday, June 21, 2023 at TIME: 1:00 P.M. C.T. (SEE FULL ORDER) Signed by JUDGE T KENT WETHERELL II on 06/13/23. (Telephonic Scheduling Conference set for 6/21/2023 at 01:00 PM before JUDGE T KENT WETHERELL II.) (jfj) (Entered: 06/13/2023)

June 13, 2023

June 13, 2023

RECAP
48

Minute Entry for proceedings held before JUDGE T KENT WETHERELL II: Telephonic Scheduling Conference held on 6/21/2023. Order to be entered. (Court Reporter Julie Wycoff). (pmc) (Entered: 06/21/2023)

June 21, 2023

June 21, 2023

RECAP
49

ORDER. Upon due consideration of the parties' joint status report (Doc. 45 ), and based on the discussions held at the telephonic scheduling conference on June 21, 2023, it is ORDERED that: The parties may begin discovery on the issue of standing immediately. The deadline for Defendants to answer or otherwise respond to the amended complaint is tolled pending further order. The parties shall file a status report within 7 days after the Supreme Court issues its opinion in United States v. Texas, No. 22-58, along with a proposed case management schedule. (SEE FUL ORDER) Signed by JUDGE T KENT WETHERELL II on 06/21/23. (jfj) (Entered: 06/21/2023)

June 21, 2023

June 21, 2023

RECAP
50

NOTICE of Compliance by STATE OF FLORIDA re 49 Order,, (PERCIVAL, JAMES) (Entered: 06/28/2023)

June 28, 2023

June 28, 2023

RECAP

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 50 Notice - JOINT STATUS REPORT. (jfj)

June 29, 2023

June 29, 2023

PACER
51

ORDER STAYING CASE. This case is before the Court based on the parties' joint status report (Doc. 50 ), which states that the parties agree that this case should be stayed pending the Eleventh Circuit's decision Case Nos. 23-11528 and 23-11644. Accordingly, it is ORDERED that this case is STAYED pending further order. The parties shall file a status report 7 days after the Eleventh Circuit's decision or 90 days from the date of this Order, whichever occurs first. Signed by JUDGE T KENT WETHERELL II on 06/29/23. (Status Report due by 9/27/2023.) (jfj) (Entered: 06/29/2023)

June 29, 2023

June 29, 2023

RECAP
52

ORDER. Upon the Court's own motion and in the interest of justice, it is ORDERED that the Order Staying Case (Doc. [51]) is clarified insofar as the stay does not affect Defendants' reporting obligations under Docs. [31] and [36]. Signed by JUDGE T KENT WETHERELL II on 07/03/23. (jfj)

July 3, 2023

July 3, 2023

RECAP
53

RESPONSE by ALEJANDRO MAYORKAS, RAUL ORTIZ, UNITED STATES re [31] Order,,,, Set Deadlines/Hearings,,, [36] Order, . (Attachments: # (1) Exhibit Declaration of Daniel Bible) (FABIAN, SARAH)

1 Exhibit Declaration of Daniel Bible

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July 17, 2023

July 17, 2023

RECAP

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 53 DEFENDANTS' RESPONSE TO COURT'S MAY 16 and 22, 2023 ORDERS. (jfj)

July 18, 2023

July 18, 2023

PACER
54

ORDER REQURING PERIODIC REPORTS. DHS shall file supplemental reports every 30 days providing updated information about the status of the 2,572 aliens released under the PWC policy after the policy was enjoined by the Court. The next report is due on August 18, 2023. The supplemental reports shall include the same information required by the May 16 and 23 Orders, as well as a summary of any developments (e.g., check- ins, NTAs issued) since the prior report. Signed by JUDGE T KENT WETHERELL II on 07/18/23. (Supplemental Report due by 8/18/2023.) (jfj)

July 18, 2023

July 18, 2023

RECAP

Set Deadlines re 32 Notice of Appeal: Clerk to check status of Appeal on 11/15/2023. USCA #23-11644. (jfj)

Aug. 15, 2023

Aug. 15, 2023

PACER

Set Deadline re 54 ORDER REQURING PERIODIC REPORTS - Supplemental Report due by 9/18/2023. (jfj)

Aug. 18, 2023

Aug. 18, 2023

PACER
55

STATUS REPORT Defendants' Supplemental Report for August 2023 by ALEJANDRO MAYORKAS, RAUL ORTIZ, UNITED STATES. (Attachments: # (1) Exhibit A - Bible Declaration and Supporting Data) (DARROW, JOSEPH)

1 Exhibit A - Bible Declaration and Supporting Data

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Aug. 18, 2023

Aug. 18, 2023

RECAP

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 55 DEFENDANTS' AUGUST 2023 SUPPLEMENTAL REPORT. (jfj)

Aug. 21, 2023

Aug. 21, 2023

PACER
56

SPECIAL REPORT by ALEJANDRO MAYORKAS, RAUL ORTIZ, UNITED STATES. (Attachments: # (1) Affidavit, # (2) Exhibit 1 part 1, # (3) Exhibit 1 part 2, # (4) Exhibit 1 part 3, # (5) Exhibit 1 part 4) (FUDIM, ELISSA)

1 Affidavit

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2 Exhibit 1 part 1

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3 Exhibit 1 part 2

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4 Exhibit 1 part 3

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5 Exhibit 1 part 4

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Sept. 18, 2023

Sept. 18, 2023

RECAP

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 56 DEFENDANTS' SEPTEMBER 2023 SUPPLEMENTAL REPORT. (jfj)

Sept. 19, 2023

Sept. 19, 2023

PACER

Set Deadline re 54 ORDER REQURING PERIODIC REPORTS - Supplemental Report due by 10/18/2023. (jfj)

Sept. 19, 2023

Sept. 19, 2023

PACER
57

STATUS REPORT by STATE OF FLORIDA. (PERCIVAL, JAMES)

Sept. 26, 2023

Sept. 26, 2023

RECAP

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 57 Joint Status Report. (jfj)

Sept. 27, 2023

Sept. 27, 2023

PACER
58

ORDER. Defendants' next status report shall explain (a) why all aliens who have "checked in" have not been issued an NTA or other charging document by now; (b) how long after the alien checks in it is taking for Defendants to issue an NTA or other charging document and why it is taking so long to do so; and (c) the purported legal basis pursuant to which the aliens who have checked-in but are not yet in immigration proceedings are still in the country. Each subsequent status report shall also explain what enforcement action, if any, was taken against each of the 100 aliens who were still unaccounted for in the September status report as they are located. Signed by JUDGE T KENT WETHERELL II on 09/27/23. (jfj)

Sept. 27, 2023

Sept. 27, 2023

RECAP
59

ORDER. Upon due consideration of the parties' joint status report (Doc. [57]), it is ORDERED that this case remains stayed and the parties shall file a status report 6 months from the date of this Order if the Eleventh Circuit has not decided the appeal by then. The stay does not affect Defendants' continuing obligation to file periodic status reports regarding the aliens released after the temporary injunction went into effect. Signed by JUDGE T KENT WETHERELL II on 09/27/23. (Status Report due by 3/27/2024.) (jfj)

Sept. 27, 2023

Sept. 27, 2023

RECAP
60

MOTION to Withdraw as Attorney by STATE OF FLORIDA. (HART, JOSEPH)

Sept. 27, 2023

Sept. 27, 2023

RECAP

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 60 MOTION to Withdraw as Attorney. (jfj)

Sept. 28, 2023

Sept. 28, 2023

PACER
61

ORDER. Upon due consideration of the motion to withdraw as counsel (Doc. [60]), it is ORDERED that the motion is GRANTED, and attorney Joseph E. Hart shall have no further obligation to represent Plaintiff in this case. The Clerk shall terminate Mr. Hart as counsel of record for Plaintiff in CM/ECF. Signed by JUDGE T KENT WETHERELL II on 09/28/23. (jfj)

Sept. 28, 2023

Sept. 28, 2023

RECAP
62

STATUS REPORT Defendants' Supplemental Report for October 2023 by ALEJANDRO MAYORKAS, RAUL ORTIZ, UNITED STATES. (Attachments: # (1) Exhibit Bible Declaration and Supporting Data) (RYAN, ERIN)

1 Exhibit Bible Declaration and Supporting Data

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Oct. 18, 2023

Oct. 18, 2023

RECAP

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 62 DEFENDANTS' OCTOBER 2023 SUPPLEMENTAL REPORT. (jfj)

Oct. 19, 2023

Oct. 19, 2023

PACER

Set Deadline re 54 ORDER REQURING PERIODIC REPORTS - Supplemental Report due by 11/17/2023. (jfj)

Oct. 19, 2023

Oct. 19, 2023

PACER
63

STATUS REPORT Defendants' Supplemental Report for November 2023 by ALEJANDRO MAYORKAS, RAUL ORTIZ, UNITED STATES. (Attachments: # (1) Exhibit Bible Declaration and Supporting Data) (DARROW, JOSEPH)

1 Exhibit Bible Declaration and Supporting Data

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Nov. 17, 2023

Nov. 17, 2023

RECAP

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 63 DEFENDANTS' NOVEMBER 2023 SUPPLEMENTAL REPORT. (jfj)

Nov. 20, 2023

Nov. 20, 2023

PACER

Set Deadline re 54 ORDER REQURING PERIODIC REPORTS - Supplemental Report due by 12/18/2023. (jfj)

Nov. 20, 2023

Nov. 20, 2023

PACER

Set Deadlines re 32 Notice of Appeal: Clerk to check status of Appeal on 2/27/2024. Oral argument scheduled. Argument Date: Friday, 01/26/2024. Argument Location: Atlanta. USCA #23-11644-G. (jfj)

Nov. 29, 2023

Nov. 29, 2023

PACER

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 64 DEFENDANTS' DECEMBER 2023 SUPPLEMENTAL REPORT. (jfj)

Dec. 19, 2023

Dec. 19, 2023

PACER

Set Deadline re 54 ORDER REQURING PERIODIC REPORTS - Supplemental Report due by 1/18/2024. (jfj)

Dec. 19, 2023

Dec. 19, 2023

PACER
64

SPECIAL REPORT by ALEJANDRO MAYORKAS, RAUL ORTIZ, UNITED STATES. (Attachments: # (1) Affidavit Daniel Bible, # (2) Exhibit 1 (part 1), # (3) Exhibit 1 (part 2), # (4) Exhibit 1 (part 3), # (5) Exhibit 1 (part 4)) (FUDIM, ELISSA)

1 Affidavit Daniel Bible

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2 Exhibit 1 (part 1)

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3 Exhibit 1 (part 2)

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4 Exhibit 1 (part 3)

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5 Exhibit 1 (part 4)

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Dec. 19, 2023

Dec. 19, 2023

RECAP
65

ORDER. The next status report and all subsequent status reports shall: provide an updated summary of the status of all 2,572 aliens who were released after the court enjoined the PWC policy - i.e., checked in and issued an NTA, checked in but not issued an NTA, or not checked in/unaccounted for (e.g., Doc. [64] at 3); provide an updated summary chart of the check-in locations (e.g., Doc. [64] at 4); identify the number of unaccounted for aliens who have checked in since the last report, along with the date and location of the check-in, whether an NTA was issued at check in, and whether any enforcement action was taken against the alien other than the issuance of an NTA; identify the number of aliens who have been issued an NTA since the last report, along with when and how the NTA was issued, whether the alien was released or detained after the NTA was issued, and what legal authority the releases were based; and identify how many of the 2,572 aliens who were released after the PWC policy was enjoined are still in the country and, of those, how many are detained. Signed by JUDGE T KENT WETHERELL II on 12/20/23. (jfj)

Dec. 20, 2023

Dec. 20, 2023

RECAP
66

STATUS REPORT Defendants' Supplemental Report for January 2024 by ALEJANDRO MAYORKAS, RAUL ORTIZ, UNITED STATES. (Attachments: # (1) Declaration of Marc A. Rapp, # (2) Exhibit 1 - Supplemental Data) (RYAN, ERIN)

1 Declaration of Marc A. Rapp

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2 Exhibit 1 - Supplemental Data

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Jan. 18, 2024

Jan. 18, 2024

RECAP

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 66 DEFENDANTS' JANUARY 2024 SUPPLEMENTAL REPORT. (jfj)

Jan. 19, 2024

Jan. 19, 2024

PACER

Case Details

State / Territory: Florida

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: May 10, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

State of Florida

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Homeland Security, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Order Duration: 2023 - None

Issues

Immigration/Border:

Admission - procedure

Detention - procedures

Legalization/Amnesty