Case: State of Texas v. Mayorkas

6:23-cv-00001 | U.S. District Court for the Southern District of Texas

Filed Date: Jan. 5, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenges a Biden Administration Final Rule titled “Public Charge Ground of Inadmissibility" (the "Rule"), which altered the definition of aliens who are a “public charge” under the Welfare Reform Act. On January 5, 2023, the State of Texas filed a lawsuit against President Biden, the DHS and its Secretary, the U.S. Citizenship and Immigration Services (“USCIS”), and its Director. The lawsuit was filed in the United States District Court for the Southern District of Texas and assigne…

This case challenges a Biden Administration Final Rule titled “Public Charge Ground of Inadmissibility" (the "Rule"), which altered the definition of aliens who are a “public charge” under the Welfare Reform Act. On January 5, 2023, the State of Texas filed a lawsuit against President Biden, the DHS and its Secretary, the U.S. Citizenship and Immigration Services (“USCIS”), and its Director. The lawsuit was filed in the United States District Court for the Southern District of Texas and assigned to Judge Drew B. Tipton.

The Complaint stated that the Welfare Reform Act requires the Executive to consider an itemized list of factors when making “public charge” determinations and that the law automatically rendered most family-sponsored applicants inadmissible on public charge grounds unless they obtain an enforceable affidavit of support from a sponsor. The Complaint further argued that the Rule required aliens to be “primarily dependent” on cash public benefits to be considered a “public charge” while ignoring non-cash public benefits. The Complaint alleged that by focusing solely only on cash benefits, the Rule disregarded Congressional mandates requiring the Executive to consider an itemized list of factors when making a “public charge” determination, and that the Rule was designed to ensure that virtually no alien is ever found to be a “public charge.”

Specifically, the Plaintiffs claimed that the Rule violated the Administrative Procedures Act (APA) by attempting to redefine terms that Congress defined in statute. The Plaintiffs also argued that the Rule violated the APA as arbitrary and capricious and failed to observe procedures required by law. The Complaint requested that the court set aside the Rule, declare it invalid, and enjoin the Defendants from enforcing it.

On April 14, 2023, the Defendants filed a Motion to Dismiss the Complaint on jurisdictional grounds, arguing that the State of Texas failed to establish Article III standing because Texas’s alleged injury was speculative, and Texas has not demonstrated traceability or redressability. The Court denied the Motion to Dismiss on August 29, 2023, reasoning that the jurisdictional question would be better addressed at the Summary Judgment stage.

The State of Texas filed a Motion for Summary Judgment on September 8, 2023, and the Defendants filed a Cross Motion Opposing Summary Judgment on October 20, 2023. After almost a year of various extensions and amicus briefs, the court denied the Plaintiffs' Motion for Summary Judgment on September 30, 2024, reasoning that Texas lacked standing because the state had failed to show that an increase in aliens was imminent or had occurred. The Court granted the Defendants' Cross Motion and entered judgment for the Defendants. As Texas did not have standing, the Court did not address the merits of the case. 

On December 2, 2024, the State of Texas filed a notice of Appeal to the United States Fifth Circuit Court of Appeals, under docket number 24-40775. On February 14, 2025, both parties filed an unopposed Motion to Stay the case for ninety days to allow the Trump administration time to familiarize itself with the pending litigation. The State of Texas filed its Brief on February 20, 2025. On the same day, the case caption was updated to State of Texas v. Noem.

On February 25, 2025, the court granted the parties’ unopposed Motion to Stay Proceedings for ninety days. The case remains ongoing.

Summary Authors

Colton French (3/1/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/66702773/parties/state-of-texas-v-mayorkas/


Attorney for Plaintiff

Eldred, Charles Kenneth (Texas)

Attorney for Defendant

Duke, Lance G (Texas)

Eiswerth, Christopher A. (Texas)

Expert/Monitor/Master/Other

D'Andrea, Gina (Texas)

Dubner, Jeffrey B. (Texas)

show all people

Documents in the Clearinghouse

Document
1

6:23-cv-00001

Original Complaint

Jan. 5, 2023

Jan. 5, 2023

Complaint
39

6:23-cv-00001

Memorandum Opinion and Order

Aug. 29, 2023

Aug. 29, 2023

Order/Opinion

2023 WL 5616184

71

6:23-cv-00001

Final Judgment

Sept. 30, 2024

Sept. 30, 2024

Order/Opinion
70

6:23-cv-00001

Memorandum Opinion and Order

Sept. 30, 2024

Sept. 30, 2024

Order/Opinion

2024 WL 4355197

80

6:23-cv-00001

USCA Letter

U.S. Court of Appeals for the Fifth Circuit

Feb. 20, 2025

Feb. 20, 2025

Other

Docket

See docket on RECAP: https://www.courtlistener.com/docket/66702773/state-of-texas-v-mayorkas/

Last updated Aug. 17, 2025, 10:39 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (Filing fee $ 402 receipt number ATXSDC-29280559) filed by STATE OF TEXAS. (Attachments: # 1 Civil Cover Sheet)(Stone, Johnathan) (Attachment 1 replaced with flattened PDF on 1/6/2023) (BrittanyBoniface, 6). (Entered: 01/05/2023)

1 Civil Cover Sheet

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Jan. 5, 2023

Jan. 5, 2023

Clearinghouse
2

Request for Issuance of Summons as to All Defendants, filed. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons)(Stone, Johnathan) (Entered: 01/05/2023)

1 Summons

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Summons

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9 Summons

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10 Summons

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11 Summons

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12 Summons

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13 Summons

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14 Summons

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Jan. 5, 2023

Jan. 5, 2023

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3

Summons Issued as to Joseph R Biden, Jr, Alejandro Mayorkas, Ur Mendoza Jaddou, United States Citizenship and Immigration Services, United States Department of Homeland Security, U.S. Attorney and U.S. Attorney General. Issued summons returned to plaintiff by NEF, filed. (Attachments: # 1 U.S. Citizenship and Immigration Services, # 2 Joseph R. Biden Jr., # 3 Ur Jaddou, # 4 U.S. Department of Homeland Security)(BrittanyBoniface, 6) (Entered: 01/06/2023)

1 U.S. Citizenship and Immigration Services

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2 Joseph R. Biden Jr.

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3 Ur Jaddou

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4 U.S. Department of Homeland Security

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Jan. 6, 2023

Jan. 6, 2023

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4

Request for Issuance of Summons as to All Defendants, filed.(Stone, Johnathan) (Entered: 01/09/2023)

Jan. 9, 2023

Jan. 9, 2023

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5

Summons Re-Issued as to All Defendants, U.S. Attorney and U.S. Attorney General. Issued summons returned to plaintiff by NEF, filed.(BrittanyBoniface, 6) (Entered: 01/10/2023)

Jan. 10, 2023

Jan. 10, 2023

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6

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 4/3/2023 at 03:00 PM by video before Judge Drew B Tipton(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 01/10/2023)

Jan. 10, 2023

Jan. 10, 2023

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7

NOTICE of Appearance by Ryan D. Walters on behalf of State of Texas, filed. (Walters, Ryan) (Entered: 01/11/2023)

Jan. 11, 2023

Jan. 11, 2023

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8

NOTICE of Appearance by Charles K. Eldred on behalf of State of Texas, filed. (Eldred, Charles) (Entered: 01/11/2023)

Jan. 11, 2023

Jan. 11, 2023

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9

RETURN of Service of SUMMONS Executed as to All Defendants, filed.(Stone, Johnathan) (Entered: 02/24/2023)

Feb. 24, 2023

Feb. 24, 2023

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10

MOTION for Alexander Sverdlov to Appear Pro Hac Vice by Joseph R Biden, Jr, Alejandro Mayorkas, Ur Mendoza Jaddou, United States Citizenship and Immigration Services, United States Department of Homeland Security, filed. Motion Docket Date 4/3/2023. (Sverdlov, Alexander) (Entered: 03/13/2023)

March 13, 2023

March 13, 2023

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11

Unopposed MOTION for Extension of Time respond to Complaint by Joseph R Biden, Jr, Alejandro Mayorkas, Ur Mendoza Jaddou, United States Citizenship and Immigration Services, United States Department of Homeland Security, filed. Motion Docket Date 4/4/2023. (Attachments: # 1 Proposed Order)(Sverdlov, Alexander) (Entered: 03/14/2023)

1 Proposed Order

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March 14, 2023

March 14, 2023

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12

ORDER granting 11 Unopposed MOTION for Extension of Time to respond to Complaint. Defendants response due by 4/14/2023.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 03/14/2023)

March 14, 2023

March 14, 2023

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13

NOTICE of Resetting. Parties notified. Initial Conference reset for 4/24/2023 at 03:30 PM by video before Judge Drew B Tipton, filed. (KelliePapaioannou, 2) (Entered: 03/14/2023)

March 14, 2023

March 14, 2023

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14

ORDER granting 10 Motion for Alexander V. Sverdlov 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.(amireles, 2) (Entered: 03/14/2023)

March 14, 2023

March 14, 2023

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15

CERTIFICATE OF INTERESTED PARTIES by State of Texas, filed.(Stone, Johnathan) (Entered: 04/10/2023)

April 10, 2023

April 10, 2023

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16

Joint MOTION for Extension of Time case management plan and proposed scheduling order by State of Texas, filed. Motion Docket Date 5/1/2023. (Attachments: # 1 Proposed Order)(Stone, Johnathan) (Entered: 04/10/2023)

1 Proposed Order

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April 10, 2023

April 10, 2023

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17

ORDER granting 16 Joint MOTION for Extension of Time case management plan and proposed scheduling order. Case Managment Plan and Proposed Scheduling Order due by 4/12/2023.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 04/11/2023)

April 11, 2023

April 11, 2023

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18

MOTION for Christopher A. Eiswerth to Appear Pro Hac Vice by Joseph R Biden, Jr, Alejandro Mayorkas, Ur Mendoza Jaddou, United States Citizenship and Immigration Services, United States Department of Homeland Security, filed. Motion Docket Date 5/3/2023. (Eiswerth, Christopher) (Entered: 04/12/2023)

April 12, 2023

April 12, 2023

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19

JOINT DISCOVERY/CASE MANAGEMENT PLAN by State of Texas, filed. (Attachments: # 1 Proposed Order)(Stone, Johnathan) (Entered: 04/12/2023)

1 Proposed Order

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April 12, 2023

April 12, 2023

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20

NOTICE of Appearance by Lance Duke on behalf of Alejandro Mayorkas, filed. (Duke, Lance) (Entered: 04/13/2023)

April 13, 2023

April 13, 2023

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21

ORDER granting 18 Motion for Christopher A. Eiswerth 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.(KelliePapaioannou, 2) (Entered: 04/14/2023)

April 13, 2023

April 13, 2023

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22

MOTION to Dismiss 1 Complaint for Lack of Jurisdiction and Improper Venue by Joseph R Biden, Jr, Alejandro Mayorkas, Ur Mendoza Jaddou, United States Citizenship and Immigration Services, United States Department of Homeland Security, filed. Motion Docket Date 5/5/2023. (Attachments: # 1 Proposed Order)(Sverdlov, Alexander) (Entered: 04/14/2023)

1 Proposed Order

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April 14, 2023

April 14, 2023

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Scheduling Conference

April 24, 2023

April 24, 2023

PACER

Minute Entry for proceedings held before Judge Drew B Tipton. SCHEDULING CONFERENCE held on 4/24/2023. Status of cases and deadlines discussed. Scheduling Order to be entered. Appearances: Alexander V. Sverdlov, Christopher A. Eiswerth, Charles Kenneth Eldred, Johnathan Stone.(Digital # 3:41-3:57)(ERO:Nina Avila), filed.(KelliePapaioannou, 2)

April 24, 2023

April 24, 2023

PACER
23

SCHEDULING ORDER. Motion to Dismiss or Answer due by 4/14/2023. Responses to Motions to Dismiss due by 5/12/2023. Production of Administrative Record due by 5/19/2023. Replies to Responses to Motions to Dismiss due by 5/26/2023. Deadline to Seek Leave from the Court to Conduct Extra-Record Discovery due by 6/9/2023. Plaintiff's Dispositive Motions Deadline 6/30/2023. Defendant's Dispositive Motion and Opposition Deadline 7/28/2023. Plaintiff's Response in Opposition and Reply to Responses to Dispositive Motions due by 8/18/2023. Defendant's Reply to Response to Dispositive Motions due by 9/8/2023. (Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 04/24/2023)

April 24, 2023

April 24, 2023

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24

MOTION for Gina M. D'Andrea to Appear Pro Hac Vice by Immigration Reform Law Institute, filed. Motion Docket Date 6/2/2023. (D'Andrea, Gina) (Entered: 05/12/2023)

May 12, 2023

May 12, 2023

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25

RESPONSE to 22 MOTION to Dismiss 1 Complaint for Lack of Jurisdiction and Improper Venue filed by State of Texas. (Attachments: # 1 Proposed Order)(Stone, Johnathan) (Entered: 05/12/2023)

1 Proposed Order

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May 12, 2023

May 12, 2023

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ORDER granting 24 Motion for Gina M. D'Andrea 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.(RochelleLimon, 2) (Entered: 05/15/2023)

May 15, 2023

May 15, 2023

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27

ADMINISTRATIVE TRANSCRIPT/RECORD from DHS by Joseph R Biden, Jr, Alejandro Mayorkas, Ur Mendoza Jaddou, United States Citizenship and Immigration Services, United States Department of Homeland Security, filed. (Attachments: # 1 2021 Rule Certified Index, # 2 2022 Rule Certified Index)(Sverdlov, Alexander) (Entered: 05/19/2023)

1 2021 Rule Certified Index

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2 2022 Rule Certified Index

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May 19, 2023

May 19, 2023

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28

Unopposed MOTION for Leave to File Brief of Amicus Curiae by Immigration Reform Law Institute, filed. Motion Docket Date 6/12/2023. (Attachments: # 1 Exhibit Proposed Amicus Curiae Brief)(D'Andrea, Gina) (Entered: 05/22/2023)

1 Exhibit Proposed Amicus Curiae Brief

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May 22, 2023

May 22, 2023

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29

PROPOSED ORDER re: 28 Unopposed MOTION for Leave to File Brief of Amicus Curiae, filed.(D'Andrea, Gina) (Entered: 05/22/2023)

May 22, 2023

May 22, 2023

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30

ORDER Granting 28 Motion for Leave to File a Brief of Amicus Curiae.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 05/22/2023)

May 22, 2023

May 22, 2023

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31

BRIEF OF AMICUS CURIAE in Support of Plaintiff's 25 Response in Opposition to 22 Motion to Dismiss by Immigration Reform Law Institute, filed.(KelliePapaioannou, 2) (Entered: 05/22/2023)

May 22, 2023

May 22, 2023

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REPLY in Support of 22 MOTION to Dismiss 1 Complaint for Lack of Jurisdiction and Improper Venue, filed by Joseph R Biden, Jr, Alejandro Mayorkas, Ur Mendoza Jaddou, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Sverdlov, Alexander) (Entered: 05/26/2023)

May 26, 2023

May 26, 2023

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Joint MOTION to Amend 23 Scheduling Order,, by State of Texas, filed. Motion Docket Date 7/19/2023. (Attachments: # 1 Proposed Order)(Stone, Johnathan) (Entered: 06/28/2023)

1 Proposed Order

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June 28, 2023

June 28, 2023

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34

AMENDED SCHEDULING ORDER Granting 33 Motion to Amend Scheduling Order.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 06/29/2023)

June 29, 2023

June 29, 2023

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35

Supplemental RESPONSE to 22 MOTION to Dismiss 1 Complaint for Lack of Jurisdiction and Improper Venue filed by State of Texas. (Stone, Johnathan) (Entered: 07/14/2023)

July 14, 2023

July 14, 2023

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36

Supplemental REPLY in Support of 22 MOTION to Dismiss 1 Complaint for Lack of Jurisdiction and Improper Venue, filed by Joseph R Biden, Jr, Alejandro Mayorkas, Ur Mendoza Jaddou, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Eiswerth, Christopher) (Entered: 07/14/2023)

July 14, 2023

July 14, 2023

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37

Unopposed MOTION for Extension of Time of remaining Scheduling Order deadlines by State of Texas, filed. Motion Docket Date 9/13/2023. (Attachments: # 1 Proposed Order)(Stone, Johnathan) (Entered: 08/23/2023)

Aug. 23, 2023

Aug. 23, 2023

PACER
38

AMENDED SCHEDULING ORDER granting 37 Unopposed MOTION for Extension of Time of remaining Scheduling Order deadlines..(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 08/24/2023)

Aug. 24, 2023

Aug. 24, 2023

PACER
39

MEMORANDUM OPINION AND ORDER denying 22 MOTION to Dismiss 1 Complaint for Lack of Jurisdiction and Improper Venue.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 08/30/2023)

Aug. 29, 2023

Aug. 29, 2023

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40

MOTION for Summary Judgment by State of Texas, filed. Motion Docket Date 9/29/2023. (Attachments: # 1 Appendix)(Stone, Johnathan) (Entered: 09/08/2023)

1 Appendix

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Sept. 8, 2023

Sept. 8, 2023

PACER
41

Unopposed MOTION for Leave to File Brief of Amicus Curiae by Immigration Reform Law Institute, filed. Motion Docket Date 10/20/2023. (Attachments: # 1 Exhibit Proposed Brief)(D'Andrea, Gina) (Entered: 09/29/2023)

1 Exhibit Proposed Brief

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Sept. 29, 2023

Sept. 29, 2023

PACER
42

Unopposed MOTION for Extension of Time for Remaining Scheduling Order Deadlines by Joseph R Biden, Jr, Alejandro Mayorkas, Ur Mendoza Jaddou, United States Citizenship and Immigration Services, United States Department of Homeland Security, filed. Motion Docket Date 10/23/2023. (Attachments: # 1 Proposed Order)(Eiswerth, Christopher) (Entered: 10/02/2023)

Oct. 2, 2023

Oct. 2, 2023

PACER
43

PROPOSED ORDER re: 41 Unopposed MOTION for Leave to File Brief of Amicus Curiae, filed.(D'Andrea, Gina) (Entered: 10/02/2023)

Oct. 2, 2023

Oct. 2, 2023

PACER
44

ORDER granting 41 Motion for Leave to File.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 10/03/2023)

Oct. 3, 2023

Oct. 3, 2023

PACER
45

IMMIGRATION REFORM LAW INSTITUTES BRIEF OF AMICUS CURIAE in Support re: 40 MOTION for Summary Judgment by Immigration Reform Law Institute, filed.(BrittanyBoniface, 6) (Entered: 10/03/2023)

Oct. 3, 2023

Oct. 3, 2023

PACER
46

ORDER granting 42 Unopposed MOTION for Extension of Time for Remaining Scheduling Order Deadlines. Defendants response and cross motion for summary judgment due by 10/20/2023. Texas combined response and reply due by 11/10/2023. Defendants reply due by 12/1/2023.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 10/05/2023)

Oct. 5, 2023

Oct. 5, 2023

PACER
47

Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment by Joseph R Biden, Jr, Alejandro Mayorkas, Ur Mendoza Jaddou, United States Citizenship and Immigration Services, United States Department of Homeland Security, filed. Motion Docket Date 11/13/2023. (Attachments: # 1 Proposed Order)(Sverdlov, Alexander) (Entered: 10/20/2023)

1 Proposed Order

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Oct. 20, 2023

Oct. 20, 2023

PACER
48

MOTION to Appear Pro Hac Vice for Benjamin Seel (Fee Paid: $100, receipt number ATXSDC-30707303) by American Cancer Society, American Cancer Society Cancer Action Network, American Lung Association, CancerCare, Epilepsy Foundation, Hemophilia Federation of America, Leukemia & Lymphoma Society, Muscular Dystrophy Association, National Multiple Sclerosis Society, National Patient Advocate Foundation, Susan G. Komen, filed. Motion Docket Date 11/14/2023. (Seel, Benjamin) (Entered: 10/24/2023)

Oct. 24, 2023

Oct. 24, 2023

PACER
49

MOTION to Appear Pro Hac Vice for Jeffrey Dubner (Fee Paid: $100, receipt number ATXSDC-30711911) by American Cancer Society, American Cancer Society Cancer Action Network, American Lung Association, CancerCare, Epilepsy Foundation, Hemophilia Federation of America, Leukemia & Lymphoma Society, Muscular Dystrophy Association, National Multiple Sclerosis Society, National Patient Advocate Foundation, Susan G. Komen, filed. Motion Docket Date 11/15/2023. (Dubner, Jeffrey) (Entered: 10/25/2023)

Oct. 25, 2023

Oct. 25, 2023

PACER
50

MOTION to Appear Pro Hac Vice for Anna Rich (Fee Paid: $100, receipt number ATXSDC-30715113) by State of California, filed. Motion Docket Date 11/15/2023. (Rich, Anna) (Entered: 10/25/2023)

Oct. 25, 2023

Oct. 25, 2023

PACER
51

ORDER granting 49 Motion for Jeffrey Dubner 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: 10/26/2023)

Oct. 25, 2023

Oct. 25, 2023

PACER
52

ORDER granting 48 Motion for Benjamin Seel 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: 10/26/2023)

Oct. 25, 2023

Oct. 25, 2023

PACER
53

ORDER granting 50 Motion for Anna Rich 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: 10/26/2023)

Oct. 26, 2023

Oct. 26, 2023

PACER
54

Unopposed MOTION for Leave to File Amicus Brief by American Cancer Society, American Cancer Society Cancer Action Network, American Lung Association, CancerCare, Epilepsy Foundation, Hemophilia Federation of America, Leukemia & Lymphoma Society, Muscular Dystrophy Association, National Multiple Sclerosis Society, National Patient Advocate Foundation, Susan G. Komen, filed. Motion Docket Date 11/17/2023. (Attachments: # 1 Proposed Amicus Brief, # 2 Proposed Order)(Seel, Benjamin) (Entered: 10/27/2023)

1 Proposed Amicus Brief

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2 Proposed Order

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Oct. 27, 2023

Oct. 27, 2023

PACER
55

ORDER granting 54 Motion for Leave to File Brief as Amici Curiae..(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 10/27/2023)

Oct. 27, 2023

Oct. 27, 2023

PACER
56

BRIEF OF THE AMERICAN CANCER SOCIETY, AMERICAN CANCERSOCIETY CANCER ACTION NETWORK, AMERICAN LUNG ASSOCIATION,CANCERCARE, EPILEPSY FOUNDATION, HEMOPHILIA FEDERATION OFAMERICA, LEUKEMIA & LYMPHOMA SOCIETY, MUSCULAR DYSTROPHYASSOCIATION, NATIONAL MULTIPLE SCLEROSIS SOCIETY, NATIONALPATIENT ADVOCATE FOUNDATION, AND SUSAN G. KOMEN AS AMICI CURIAEIN SUPPORT OF 47 DEFENDANTS CROSS-MOTION FOR SUMMARY JUDGMENT, filed.(BrittanyBoniface, 6) (Entered: 10/27/2023)

Oct. 27, 2023

Oct. 27, 2023

PACER
57

Unopposed MOTION for Leave to File Brief for Amici Curiae States of California, New York, et al. by State of California, filed. Motion Docket Date 11/17/2023. (Attachments: # 1 Proposed Brief for Amici Curiae States, # 2 Proposed Order)(Rich, Anna) (Entered: 10/27/2023)

1 Proposed Brief for Amici Curiae States

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2 Proposed Order

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Oct. 27, 2023

Oct. 27, 2023

PACER
58

ORDER granting 57 Motion for Leave to File.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 10/30/2023)

Oct. 30, 2023

Oct. 30, 2023

PACER
59

BRIEF In Opposition to Plaintiff's Motion for Summary Judgment and in Support of Defendants' Motion for Summary Judgment re: 47 Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment by State of California, filed.(Rich, Anna) (Entered: 10/30/2023)

Oct. 30, 2023

Oct. 30, 2023

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60

Opposed MOTION to Strike 47 Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment and Unopposed Motion to Extend Word Limits by State of Texas, filed. Motion Docket Date 11/29/2023. (Attachments: # 1 Proposed Order)(Walters, Ryan) (Entered: 11/08/2023)

1 Proposed Order

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Nov. 8, 2023

Nov. 8, 2023

PACER
61

Unopposed MOTION for Extension of Time for clarification of word limits, Unopposed MOTION to Withdraw 60 Opposed MOTION to Strike 47 Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment and Unopposed Motion to Extend Word Limits ( Motion Docket Date 12/1/2023.) by State of Texas, filed. (Attachments: # 1 Proposed Order)(Stone, Johnathan) (Entered: 11/10/2023)

Nov. 10, 2023

Nov. 10, 2023

PACER
62

ORDER granting 61 Unopposed MOTION for Extension of Time for clarification of word limits; Unopposed MOTION to Withdraw 60 Opposed MOTION to Strike.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 11/10/2023)

Nov. 10, 2023

Nov. 10, 2023

PACER
63

ORDER granting 60 Unopposed Motion to Extend Word Limits.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 11/10/2023)

Nov. 10, 2023

Nov. 10, 2023

PACER
64

REPLY in Support of 40 MOTION for Summary Judgment, filed by State of Texas. (Stone, Johnathan) (Entered: 11/17/2023)

Nov. 17, 2023

Nov. 17, 2023

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65

Unopposed MOTION for Extension of Time file reply brief by Joseph R Biden, Jr, Alejandro Mayorkas, Ur Mendoza Jaddou, United States Citizenship and Immigration Services, United States Department of Homeland Security, filed. Motion Docket Date 12/22/2023. (Sverdlov, Alexander) (Entered: 12/01/2023)

Dec. 1, 2023

Dec. 1, 2023

PACER
66

ORDER granting 65 Unopposed MOTION for Extension of Time file reply brief. Defendant's Reply Brief due by 12/22/2023.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 12/01/2023)

Dec. 1, 2023

Dec. 1, 2023

PACER
67

NOTICE of Appearance by Jacob E. Przada on behalf of State of Texas, filed. (Przada, Jacob) (Entered: 12/08/2023)

Dec. 8, 2023

Dec. 8, 2023

PACER
68

REPLY in Support of 47 Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment, filed by Joseph R Biden, Jr, Alejandro Mayorkas, Ur Mendoza Jaddou, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Attachments: # 1 Exhibit -- Admin Record Excerpt)(Eiswerth, Christopher) (Entered: 12/22/2023)

1 Exhibit -- Admin Record Excerpt

View on PACER

Dec. 22, 2023

Dec. 22, 2023

PACER
69

STATUS REPORT by State of Texas, filed. (Stone, Johnathan) (Entered: 04/17/2024)

April 17, 2024

April 17, 2024

RECAP
70

MEMORANDUM OPINION AND ORDER denying 40 Motion for Summary Judgment; granting in part and denying in part 47 Motion for Summary Judgment.(Signed by Judge Drew B Tipton) Parties notified. (kmp4)

Sept. 30, 2024

Sept. 30, 2024

Clearinghouse
71

FINAL JUDGMENT. Case terminated on 9/30/2024(Signed by Judge Drew B Tipton) Parties notified. (kmp4) (Entered: 09/30/2024)

Sept. 30, 2024

Sept. 30, 2024

PACER
72

NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: 71 Final Judgment by State of Texas (Filing fee $ 605, receipt number ATXSDC-32564788), filed. (Walters, Ryan) (Entered: 12/02/2024)

Dec. 2, 2024

Dec. 2, 2024

PACER
73

Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: 72 Notice of Appeal. Fee status: Paid. Reporter(s): ERO, filed. (Attachments: # 1 Notice of Appeal) (bnb6) (Entered: 12/03/2024)

Dec. 3, 2024

Dec. 3, 2024

PACER

Appeal Review Notes

Dec. 3, 2024

Dec. 3, 2024

PACER

Appeal Review Notes re: 72 Notice of Appeal. Fee status: Paid. The appeal filing fee has been paid or an ifp motion has been granted.Hearings were held in the case. DKT13 transcript order form(s) due within 14 days of the filing of the notice of appeal. Number of DKT-13 Forms expected: 1, filed. (bnb6)

Dec. 3, 2024

Dec. 3, 2024

PACER

Remark (*PUBLIC ENTRY)

Dec. 5, 2024

Dec. 5, 2024

PACER

USCA Case Number

Dec. 5, 2024

Dec. 5, 2024

PACER

Notice of Assignment of USCA No. 24-40775 re: 72 Notice of Appeal, filed. (bnb6)

Dec. 5, 2024

Dec. 5, 2024

PACER

ROA requested from USCA, due on 12/20/24, filed. (bnb6)

Dec. 5, 2024

Dec. 5, 2024

PACER
74

DKT13 TRANSCRIPT ORDER REQUEST by Plaintiff, State of Texas/Ryan Waltersn. Transcript is unnecessary for appeal purposes This order form relates to the following: 72 Notice of Appeal, filed. (Walters, Ryan) (Entered: 12/06/2024)

Dec. 6, 2024

Dec. 6, 2024

PACER

Transmittal of Appeal (FORM, noticing) - Civil

Dec. 13, 2024

Dec. 13, 2024

PACER

Electronic Record on Appeal Certified

Dec. 13, 2024

Dec. 13, 2024

PACER

Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: 72 Notice of Appeal USCA No. 24-40775, filed. (bnb6)

Dec. 13, 2024

Dec. 13, 2024

PACER

Electronic Access to Record on Appeal Provided re: 72 Notice of Appeal to Joshua Dos Santos for Alejandro Mayorkas; Daniel Bentele Hahs Tenny for Alejandro Mayorkas, US Dept. of Homeland Security, Ur Jaddou, US Citizenship and Immigration Services, Joseph Biden Jr.; Ryan Walters for State of Texas. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 24-40775), filed. (bnb6)

Dec. 13, 2024

Dec. 13, 2024

PACER

Transmittal of Appeal (FORM, noticing) - Civil

Jan. 13, 2025

Jan. 13, 2025

PACER

Electronic Access to Record on Appeal Provided re: 72 Notice of Appeal to Lanora Perrit for Appellant State of Texas. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 24-40775), filed. (bnb6)

Jan. 13, 2025

Jan. 13, 2025

PACER
75

Unopposed MOTION for Christopher A. Eiswerth to Withdraw as Attorney by Alejandro Mayorkas, United States Department of Homeland Security, Ur Mendoza Jaddou, United States Citizenship and Immigration Services, Joseph R Biden, Jr, filed. Motion Docket Date 2/7/2025. (Eiswerth, Christopher) (Entered: 01/17/2025)

Jan. 17, 2025

Jan. 17, 2025

PACER
76

ORDER granting 75 Motion to Withdraw as Attorney. Attorney Christopher A. Eiswerth terminated.(Signed by Judge Drew B Tipton) Parties notified. (rad6) (Entered: 01/24/2025)

Jan. 24, 2025

Jan. 24, 2025

PACER
77

MOTION to Appear Pro Hac Vice for James C. Luh (Fee Exempt) by Alejandro Mayorkas, United States Department of Homeland Security, Ur Mendoza Jaddou, United States Citizenship and Immigration Services, Joseph R Biden, Jr, filed. Motion Docket Date 2/24/2025. (Luh, James) (Entered: 02/03/2025)

Feb. 3, 2025

Feb. 3, 2025

PACER

Transmittal of Appeal (FORM, noticing) - Civil

Feb. 3, 2025

Feb. 3, 2025

PACER

Electronic Access to Record on Appeal Provided re: 72 Notice of Appeal to Ryan Kercher and Zachary Rhines for State of Texas. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 24-40775), filed. (bnb6)

Feb. 3, 2025

Feb. 3, 2025

PACER
78

ORDER granting 77 Motion for James C. Luh 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. (rad6) (Entered: 02/04/2025)

Feb. 4, 2025

Feb. 4, 2025

PACER
79

NOTICE of attorney substitution by Alejandro Mayorkas, United States Department of Homeland Security, Ur Mendoza Jaddou, United States Citizenship and Immigration Services, Joseph R Biden, Jr. Attorney James C. Luh added. Attorney Alexander V. Sverdlov terminated, filed. (Luh, James) (Entered: 02/04/2025)

Feb. 4, 2025

Feb. 4, 2025

PACER

Transmittal of Appeal (FORM, noticing) - Civil

Feb. 12, 2025

Feb. 12, 2025

PACER

Electronic Access to Record on Appeal Provided re: 72 Notice of Appeal to William Francis Cole for party(s) Appellant State of Texas. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 24-40775), filed. (bnb6)

Feb. 12, 2025

Feb. 12, 2025

PACER
80

Fifth Circuit Court of Appeals LETTER advising parties of the updated caption, to be used in all future filings, in light of the new Acting Director of U.S. Citizenship and Immigration Services (USCA No. 24-40775), filed. (bnb6) (Entered: 02/20/2025)

Feb. 19, 2025

Feb. 19, 2025

RECAP
81

Order of USCA re: 72 Notice of Appeal ; USCA No. 24-40775. IT IS ORDERED that the joint motion of the parties to stay further proceedings in this matter for 90 days, or until May 27,2025, is hereby GRANTED., filed. (Attachments: # 1 USCA Letter) (bnb6) (Entered: 02/25/2025)

1 USCA Letter

View on RECAP

Feb. 25, 2025

Feb. 25, 2025

RECAP
82

MOTION to Appear Pro Hac Vice for Sarah Rich (Fee Paid: $100, receipt number ATXSDC-32993850) by American Cancer Society, American Cancer Society Cancer Action Network, American Lung Association, CancerCare, Epilepsy Foundation, Hemophilia Federation of America, Leukemia & Lymphoma Society, Muscular Dystrophy Association, National Multiple Sclerosis Society, National Patient Advocate Foundation, Susan G. Komen, filed. Motion Docket Date 3/20/2025. (Rich, Sarah) (Entered: 02/27/2025)

Feb. 27, 2025

Feb. 27, 2025

PACER

Case Details

State / Territory: Texas

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Jan. 5, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff is the State of Texas.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States of America (- United States (national) -), Federal

U.S. Department of Homeland Security (- United States (national) -), Federal

U.S. Citizenship and Immigration Services (- United States (national) -), 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)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Immigration/Border:

Admission - criteria