Case: Texas v. United States

6:21-cv-00003 | U.S. District Court for the Southern District of Texas

Filed Date: Jan. 22, 2021

Closed Date: May 24, 2021

Clearinghouse coding complete

Case Summary

Shortly after President Joe Biden's inauguration on January 20, 2021, Acting Homeland Security Secretary David Pekoske issued a memorandum ordering U.S. Immigration and Customs Enforcement ("ICE") to halt most deportations from the United States for 100 days. The 100-day pause was intended to allow time for ICE to overhaul its enforcement priorities and focus its efforts on threats to national security, public safety, and border security. The 100-day pause did not apply to individuals who arriv…

Shortly after President Joe Biden's inauguration on January 20, 2021, Acting Homeland Security Secretary David Pekoske issued a memorandum ordering U.S. Immigration and Customs Enforcement ("ICE") to halt most deportations from the United States for 100 days. The 100-day pause was intended to allow time for ICE to overhaul its enforcement priorities and focus its efforts on threats to national security, public safety, and border security. The 100-day pause did not apply to individuals who arrived after November 1, 2020 and allowed for certain exceptions, including national security.

Two days later, Texas Attorney General Ken Paxton filed this lawsuit against the United States, Acting Secretary Pekoske, and various federal agencies in the U.S. District Court for the Southern District of Texas to try and block the 100-day pause on deportations. Texas sought a declaration that the memorandum was unlawful, a preliminary and permanent injunction preventing the defendants from implementing the memorandum, and attorney's fees and costs. Texas alleged that the 100-day pause violated an agreement Paxton and Texas Governor Greg Abbott signed with former Acting Deputy Homeland Security Secretary Ken Cuccinelli that required the federal government to provide six months' notice and consult with Texas before taking action that could reduce immigration enforcement or increase the number of noncitizens who were removable or inadmissible in the United States. Paxton and Abbott signed this agreement days before President Biden's inauguration. Texas also argued that the 100-day pause violated the Take Care Clause of the Constitution because it directed the executive to not enforce the law.

In addition, Texas alleged that the 100-day pause violated the Administrative Procedure Act in several different ways. First, Texas argued that the 100-day pause violated the APA because the pause would prevent DHS from complying with 8 U.S.C. § 1231(a)(1)(A), a provision of the Immigration and Nationality Act. Section 1231 provides that “when [a noncitizen] is ordered removed, the Attorney General shall remove the [noncitizen] from the United States within a period of 90 days.” Texas argued that this created a 90-day deadline for removals to occur and that a 100-day pause in removals would necessarily cause DHS to go beyond this deadline. Second, Texas argued that the pause violated the APA because it was arbitrary and capricious. Texas alleged that the 100-day pause represented a sharp departure from previous policy but that the memorandum failed to explain the change or consider the harm halting removals would cause. Third, Texas alleged that the 100-day pause was a legislative rule requiring notice and comment under the APA. Lastly, Texas argued that the 100-day pause prevented DHS from enforcing immigration laws and was ultra vires because it exceeded the authority DHS could delegate.

The case was assigned to Judge Drew B. Tipton.

Immediately, Texas filed a motion for a temporary restraining order. Texas argued that the 100-day pause would irreparably harm Texas by increasing the amount of money the state would have to spend on services such as education, healthcare, and social services if the federal government stopped removals. After a hearing on the motion, Texas filed a notice on January 24, 2021 citing a Fox News report claiming that ICE was releasing all noncitizens from detention in Texas. The defendants responded that this was not the case, but that ICE had released a group of noncitizens pursuant to an injunction in Fraihat that required class members with specified COVID risk factors to be released.

The ACLU and ACLU of Texas filed an amicus brief in support of the defendants. They argued that the agreement between Texas and the federal government was unenforceable, that Texas lacked standing, and that Texas could not demonstrate irreparable harm.

Judge Tipton granted the temporary restraining order on January 26, 2021. 515 F. Supp. 3d 627. The temporary restraining order suspended the 100-day pause nationwide for 14 days. Judge Tipton made clear that the order was not based on the agreement between Texas and the federal government signed just before President Biden's inauguration. He stressed that the issues raised by the agreement with Texas were "of such gravity and constitutional import that they require further development of the record and briefing prior to addressing the merits." Instead, Judge Tipton based the order on Texas's claims under the APA. As a preliminary matter, Judge Tipton held that Texas had standing to sue due to the alleged financial harm that the 100-day pause would cause to the state. On the merits, Judge Tipton found that Texas was likely to succeed on at least two of its claims under the APA: that the 100-day pause violated Section 1231 and that the defendants arbitrarily and capriciously departed from previous policy. He also found that Texas demonstrated it would suffer irreparable harm because of the financial costs of additional social services. Finally, he found that the threat of injury to Texas outweighed any harm to the defendants and the temporary restraining order served the public interest.

Two days later, FIEL Houston and the Refugee and Immigrant Center for Education and Legal Services ("RAICES"), represented by ACLU national, the ACLU of Texas, and the ACLU Immigrant Rights' Project, filed an emergency motion to intervene as defendants in the case. The two organizations' members and clients include noncitizens at risk of deportation and other adverse consequences if Texas were to succeed in this lawsuit. The organizations requested the Court permit them to intervene to protect the interest of their clients by providing their expertise on the immigration system and their perspective on impacted communities. Judge Tipton granted the organizations permission to intervene on February 6, 2021. 2021 WL 411441. He found that FIEL Houston's and RAICES' motion was timely, that there would be no undue delay or prejudice by permitting intervention, and that they asserted defenses that shared a common question of law and fact with the lawsuit. Judge Tipton noted how both the intervenors and the defendants challenged Texas's standing to bring the suit and the enforceability of the agreement between DHS and Texas. Finally, the Court found that the organizations had interests that the federal defendants may not adequately represent because the federal defendants' arguments would focus on expansive executive authority whereas the intervenors' would focus on the effect of the pause on individuals subject to a final order of removal.

On February 5, 2021, Texas filed a motion for a preliminary injunction. Texas argued that they were likely to succeed on their APA claims, their argument that the January 20 Memorandum violated the Take Care Clause, and their argument that DHS violated its Agreement to notify and consult Texas. Texas also pointed to the brevity of the administrative record filed by the defendants on February 3, 2021. They argued that this demonstrated the defendants failed to consider alternative possible policies and therefore acted arbitrarily and capriciously. In addition, Texas repeated their arguments from the TRO motion that they would suffer irreparable harm by increasing the amount of money Texas would have to spend on mandated social services.

Texas also sought a 14-day extension of the temporary restraining order. The Court granted the extension to give the parties time to develop the record and because the briefing for the preliminary injunction extended beyond the initial temporary restraining order. 

On February 23, 2021 the court granted Texas's motion for a preliminary injunction. 524 F. Supp. 3d 598. The court held that Texas would likely succeed on its claims that the 100-day pause violated the APA because it 1) was not in accordance with law and exceeded statutory authority, as it contradicted Section 1231, 2) was arbitrary and capricious due to the lack of clear explanation or factual record, and 3) violated notice-and-comment requirements because it was not a policy statement or procedural rule (which would be exempt from such requirements). The court also held that Texas had shown it would likely suffer irreparable financial harm from the policy. Finally, the court held that the policy would harm Texas more than the injunction would harm the defendants, and that an injunction was in the public interest.

On May 20, 2021 the parties stipulated to dismissal and the court dismissed the case four days later. In their stipulation the parties asserted that the 100-day pause had already expired and that the defendants had no intentions to reinstate it.

This case is closed.

Summary Authors

Emily Kempa (2/10/2021)

Rhea Sharma (5/3/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11207254/parties/state-of-texas-v-united-states-of-america/


Judge(s)
Attorney for Plaintiff

Disher, Todd Lawrence (Texas)

Attorney for Defendant

Bowen, Brigham J. (District of Columbia)

Boynton, Brian M (District of Columbia)

Cuccinelli, Kenneth T. II (Virginia)

Expert/Monitor/Master/Other

Amdur, Spencer E. W. (California)

show all people

Documents in the Clearinghouse

Document

6:21-cv-00003

Docket [PACER]

Feb. 9, 2021

Feb. 9, 2021

Docket
1-2

6:21-cv-00003

Exhibit B: Review of and Interim Revision to Civil Immigration Enforcement and Removal Policies and Priorities [Memorandum]

State of Texas v. United States of America

Jan. 22, 2021

Jan. 22, 2021

Other
1-1

6:21-cv-00003

Exhibit A: Agreement Between Department of Homeland Security and the State of Texas

State of Texas v. United States of America

Jan. 22, 2021

Jan. 22, 2021

Settlement Agreement
13

6:21-cv-00003

Amicus Brief in Support of Defendants

State of Texas v. United States of America

Jan. 22, 2021

Jan. 22, 2021

Pleading / Motion / Brief
1

6:21-cv-00003

Complaint

Jan. 22, 2021

Jan. 22, 2021

Complaint
1-3

6:21-cv-00003

Exhibit C: Re: DHS’s Unlawful “Pause on Removals”

State of Texas v. United States of America

Jan. 22, 2021

Jan. 22, 2021

Other
6

6:21-cv-00003

Advisory Regarding Court's Question

State of Texas v. United States of America

Jan. 24, 2021

Jan. 24, 2021

Pleading / Motion / Brief
9

6:21-cv-00003

Defendants' Response to Plaintiff's Advisory

State of Texas v. United States of America

Jan. 25, 2021

Jan. 25, 2021

Pleading / Motion / Brief
14 & 14-1

6:21-cv-00003

Notice

State of Texas v. United States of America

Jan. 25, 2021

Jan. 25, 2021

Pleading / Motion / Brief
16

6:21-cv-00003

Order Granting Plaintiff's Emergency Application for a Temporary Restraining Order

State of Texas v. United States of America

Jan. 26, 2021

Jan. 26, 2021

Order/Opinion

515 F.Supp.3d 515

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11207254/state-of-texas-v-united-states-of-america/

Last updated March 19, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
4

MOTION for Leave to File Amicus Brief by ACLU Foundation of Texas, Inc., filed. Motion Docket Date 2/12/2021. (Attachments: # 1 Exhibit Amicus Brief, # 2 Proposed Order)(Segura, Andre) (Entered: 01/22/2021)

Jan. 22, 2021

Jan. 22, 2021

PACER

Minute Entry for proceedings held before Judge Drew B Tipton. MOTION HEARING held on 1/22/2021. Pending Motion for Temporary Restraining Order 2 discussed. Arguments heard. The Court takes this motion under advisement. Appearances:Patrick Sweeten, Adam Kirschner, Dan Hu, Brian Rosen-Shaud. William Thomas Thompson.(Digital # 4:01-5:46)(ERO:Annette Martinez), filed.(KelliePapaioannou, 2)

Jan. 22, 2021

Jan. 22, 2021

PACER
3

NOTICE of Setting. Parties notified. Motion Hearing set for 1/22/2021 at 04:00 PM before Judge Drew B Tipton, filed. All parties to appear by Zoom. Join ZoomGov Meeting (New link for the month of January):https://www.zoomgov.com/j/1610093418?pwd=SWY3VnQ4NnlkOE1nbkJOQ3M3VWpqQT09 Dial by your location +1 669 254 5252 US (San Jose) +1 646 828 7666 US (New York) Meeting ID: 161 009 3418 Passcode: 714482Per L.R. 83.7 Except by leave of the presiding judge, no photo- or electro-mechanical means of recordation or transmission of court proceedings is permitted. (KelliePapaioannouadi, 2) (Entered: 01/22/2021)

Jan. 22, 2021

Jan. 22, 2021

PACER
2

MOTION for Temporary Restraining Order by State of Texas, filed. Motion Docket Date 2/12/2021. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Proposed Order)(Thompson, William) (Entered: 01/22/2021)

Jan. 22, 2021

Jan. 22, 2021

PACER
1

COMPLAINT against All Defendants (Filing fee $ 402 receipt number 0541-25845607) filed by State of Texas. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(Thompson, William) (Entered: 01/22/2021)

Jan. 22, 2021

Jan. 22, 2021

Clearinghouse
5

NOTICE of Appearance by Daniel David Hu on behalf of U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. (Hu, Daniel) (Entered: 01/23/2021)

Jan. 23, 2021

Jan. 23, 2021

PACER
8

RESPONSE in Opposition to 2 MOTION for Temporary Restraining Order, filed by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America. (Attachments: # 1 Proposed Order)(Hu, Daniel) (Entered: 01/24/2021)

Jan. 24, 2021

Jan. 24, 2021

PACER

Conference set for 1/25/2021 at 8:00 AM to be held by Zoom.https://www.zoomgov.com/j/1610093418?pwd=SWY3VnQ4NnlkOE1nbkJOQ3M3VWpqQT09 Dial by your location +1 669 254 5252 US (San Jose) +1 646 828 7666 US (New York) Meeting ID: 161 009 3418 Passcode: 714482Per L.R. 83.7 Except by leave of the presiding judge, no photo- or electro-mechanical means of recordation or transmission of court proceedings is permitted. ***, filed. (KelliePapaioannou, 2)

Jan. 24, 2021

Jan. 24, 2021

PACER
7

NOTICE of Setting. Parties notified. Telephone Conference set for 1/25/2021 at 08:00 AM before Judge Drew B Tipton, filed. Telephonic Conference Instructions will be emailed to all parties. (KelliePapaioannouadi, 2) (Entered: 01/24/2021)

Jan. 24, 2021

Jan. 24, 2021

PACER
6

ADVISORY by State of Texas, filed.(Sweeten, Patrick) (Entered: 01/24/2021)

Jan. 24, 2021

Jan. 24, 2021

Clearinghouse
14

NOTICE of filing exhibit by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. (Attachments: # 1 Exhibit)(Hu, Daniel) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

Clearinghouse
13

AMICUS BRIEF in Support of Defendants by ACLU Foundation of Texas, Inc., filed.(KelliePapaioannou, 2) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

Clearinghouse
12

ORDER granting 4 Motion for Leave to File Amicus Brief.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

PACER
11

AO 435 TRANSCRIPT REQUEST by USA for Transcript of Motion Hearing on 1/22/21 before Judge Tipton and Hearing on 1/25/21 before Judge Tipton. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (Hu, Daniel)Electronically forwarded to Judicial Transcribers of Texas 1/25/2021. Estimated Transcript Completion Date: 1/26/2021. Entered on 1/25/2021 (amartinez, 2). (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

PACER

Minute Entry for proceedings held before Judge Drew B Tipton. ZOOM HEARING held on 1/25/2021. Regarding Advisory 6 . The Court instructs Defense Counsel to submit a copy of the email referenced in the Advisory (Dkt. 6) and to preserve any evidence, emails, texts, instant messages or any other communication from January 22, 2021 forward related to the release of individuals in custody that were subject to an Order of Removal. Defense Counsel is further instructed to verify and advise the Court whether the only individuals in custody that were subject to an Order of Removal that have been released since January 22, 2021 were pursuant to the California litigation referenced in (Dkt. #9). Defense Counsel is further instructed to advise the Court of the number of individuals in custody that were subject to an Order of Removal who have been released from custody in the United States since Friday January 22, 2021 and the locations from which they were released. Appearances:Adam Kirschner. William Thomas Thompson, Patrick K Sweeten, Daniel David Hu.(Digital # 8:01-8:35)(ERO:Annette Martinez), filed.(KelliePapaioannou, 2)

Jan. 25, 2021

Jan. 25, 2021

PACER
10

NOTICE Certificate of Service re: 8 Response in Opposition to Motion, by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. (Hu, Daniel) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

PACER
9

RESPONSE to 6 Advisory, filed by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America. (Hu, Daniel) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

Clearinghouse
19

TRANSCRIPT re: Motion Hearing (Via Zoom) held on January 25, 2021 before Judge Drew B Tipton. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Ordering Party Daniel Hu Release of Transcript Restriction set for 4/26/2021., filed. (mahenry, ) (Entered: 01/26/2021)

Jan. 26, 2021

Jan. 26, 2021

PACER
18

NOTICE re: Miscellaneous Hearing,,,, by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. (Hu, Daniel) (Entered: 01/26/2021)

Jan. 26, 2021

Jan. 26, 2021

PACER
17

TRANSCRIPT re: Motion for Temporary Restraining Order (Via Zoom) held on January 22, 2021 before Judge Drew B Tipton. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Ordering Party Daniel Hu Release of Transcript Restriction set for 4/26/2021., filed. (mahenry, ) (Entered: 01/26/2021)

Jan. 26, 2021

Jan. 26, 2021

PACER
16

ORDER Granting 2 Motion for Temporary Restraining Order. The Court Orders parties to propose a briefing schedule no later than Thursday, January 28, 2021 at 12:00 p.m.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 01/26/2021)

Jan. 26, 2021

Jan. 26, 2021

Clearinghouse
15

AO 435 TRANSCRIPT REQUEST by Patrick K. Sweeten for Transcript of Motion hearing on 01/22/21 before Judge Tipton and Miscellaneous hearing on 01/25/21 before Judge Tipton. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (Sweeten, Patrick) Electronically forwarded to Judicial Transcribers of Texas on 1/26/2021 (amartinez, 2). (Entered: 01/26/2021)

Jan. 26, 2021

Jan. 26, 2021

PACER
27

ORDER granting 25 MOTION for Lawrence J. Joseph to Appear Pro Hac Vice (Signed by Judge Drew B Tipton) Parties notified.(legarza, 2) (Entered: 01/28/2021)

Jan. 27, 2021

Jan. 27, 2021

PACER
26

NOTICE of Appearance by Adam Kirschner on behalf of Tae Johnson, Troy Miller, David Pekoske, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. (Kirschner, Adam) (Entered: 01/27/2021)

Jan. 27, 2021

Jan. 27, 2021

PACER
25

MOTION for Lawrence J. Joseph to Appear Pro Hac Vice by Immigration Reform Law Institute, filed. Motion Docket Date 2/17/2021. (Joseph, Lawrence) (Entered: 01/27/2021)

Jan. 27, 2021

Jan. 27, 2021

PACER
24

ORDER granting 22 Motion for Brian C. Rosen-Shaud to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(fcarbia, 2) (Entered: 01/27/2021)

Jan. 27, 2021

Jan. 27, 2021

PACER
23

ORDER granting 21 Motion for Adam Kirschner to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(fcarbia, 2) (Entered: 01/27/2021)

Jan. 27, 2021

Jan. 27, 2021

PACER
22

MOTION for Brian C. Rosen-Shaud to Appear Pro Hac Vice by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. Motion Docket Date 2/17/2021. (Hu, Daniel) (Entered: 01/27/2021)

Jan. 27, 2021

Jan. 27, 2021

PACER
21

MOTION for Adam Kirschner to Appear Pro Hac Vice by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. Motion Docket Date 2/17/2021. (Hu, Daniel) (Entered: 01/27/2021)

Jan. 27, 2021

Jan. 27, 2021

PACER
20

Notice of Filing of Official Transcript as to 19 Transcript, 17 Transcript,. Party notified, filed. (BrittanyFoil, 6) (Entered: 01/27/2021)

Jan. 27, 2021

Jan. 27, 2021

PACER
39

NOTICE of Appearance by Todd Lawrence Disher on behalf of State of Texas, filed. (Disher, Todd) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

PACER
38

MOTION for Michael Tan to Appear Pro Hac Vice by FIEL Houston, Refugee and Immigrant Center for Education and Legal Services, filed. Motion Docket Date 2/18/2021. (Segura, Andre) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

PACER
37

MOTION for Noor Zafar to Appear Pro Hac Vice by FIEL Houston, Refugee and Immigrant Center for Education and Legal Services, filed. Motion Docket Date 2/18/2021. (Segura, Andre) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

PACER
36

MOTION for Omar Jadwat to Appear Pro Hac Vice by FIEL Houston, Refugee and Immigrant Center for Education and Legal Services, filed. Motion Docket Date 2/18/2021. (Segura, Andre) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

PACER
35

MOTION for Spencer Amdur to Appear Pro Hac Vice by FIEL Houston, Refugee and Immigrant Center for Education and Legal Services, filed. Motion Docket Date 2/18/2021. (Segura, Andre) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

PACER
34

MOTION for Kathryn Huddleston to Appear Pro Hac Vice by FIEL Houston, Refugee and Immigrant Center for Education and Legal Services, filed. Motion Docket Date 2/18/2021. (Segura, Andre) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

PACER
33

MOTION for Cody Wofsy to Appear Pro Hac Vice by FIEL Houston, Refugee and Immigrant Center for Education and Legal Services, filed. Motion Docket Date 2/18/2021. (Segura, Andre) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

PACER
32

NOTICE of Setting. Parties notified. Status Conference set for 1/29/2021 at 11:00 AM before Judge Drew B Tipton, filed. All Parties to appear by ZOOM. Zoom link will be emailed to parties. Dial in instructions for the conference can be accessed within the High Profile Hearings with Public Access link at https://www.txs.uscourts.gov/ Per L.R. 83.7 Except by leave of the presiding judge, no photo- or electro-mechanical means of recordation or transmission of court proceedings is permitted. (KelliePapaioannouadi, 2) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

PACER
31

ADVISORY by State of Texas, filed. (Attachments: # 1 Proposed Order)(Sweeten, Patrick) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

PACER
30

STATEMENT on Briefing Schedule and Discovery re: 16 Order on Motion for Temporary Restraining Order by Tae Johnson, Troy Miller, David Pekoske, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed.(Kirschner, Adam) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

PACER
29

NOTICE of Appearance by Brian C. Rosen-Shaud on behalf of Tae Johnson, Troy Miller, David Pekoske, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. (Rosen-Shaud, Brian) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

PACER
28

EMERGENCY MOTION, MOTION to Intervene( Motion Docket Date 2/18/2021.) by FIEL Houston, Refugee and Immigrant Center for Education and Legal Services, filed. (Attachments: # 1 Exhibit Declaration of Cesar Espinosa, # 2 Exhibit Declaration of Michelle Garza, # 3 Exhibit Proposed Answer, # 4 Proposed Order)(Segura, Andre) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

PACER
43

AO 435 TRANSCRIPT REQUEST by Todd Lawrence Disher for Transcript of Miscellaneous Hearing on 01/29/21 before Judge Drew B. Tipton. 3-Day turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (Disher, Todd) (Entered: 01/29/2021)

Jan. 29, 2021

Jan. 29, 2021

PACER

Minute Entry for proceedings held before Judge Drew B Tipton. STATUS CONFERENCE held on 1/29/2021. Motion to Intervene 28 discussed. Responses to motion due by Wednesday, February 3, 2021. Discovery issues addressed. The parties agree and the Court limits interrogatories to seven, requests for admissions to five and no requests for production. Parties may attach any evidence to supplemental briefings. Primary briefing is limited to 40 pages. Replies limited to 25 pages. Times New Roman font 12pt to be used for the body and Times New Roman 11pt to be used for footnotes. The Court discourages excessive use of footnotes. The Court orders the United States to produce the Administrative Record by 2/3/2021. Briefing schedule to be entered. Appearances:Cody Wofsy. Andre Ivan Segura, Brian C Rosen-Shaud, Adam David Kirschner, Todd Lawrence Disher, Patrick K Sweeten, Daniel David Hu.(Digital # 11:03-12:46)(ERO:Frenchie Carbia), filed.(KelliePapaioannou, 2)

Jan. 29, 2021

Jan. 29, 2021

PACER
42

MOTION for Michael F. Knapp to Appear Pro Hac Vice by Tae Johnson, Troy Miller, David Pekoske, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. Motion Docket Date 2/19/2021. (Rosen-Shaud, Brian) (Entered: 01/29/2021)

Jan. 29, 2021

Jan. 29, 2021

PACER
41

AO 435 TRANSCRIPT REQUEST by USA for Transcript of Miscellaneous Hearing, 01/29/21, Judge Tipton. 3-Day turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (Hu, Daniel) Audio and Log notes electronically uploaded to Judicial Transcribers on 1/29/21 at 4:34 pm by fc. Estimated completion date is: Feb 1, 2021. (Entered: 01/29/2021)

Jan. 29, 2021

Jan. 29, 2021

PACER
40

NOTICE re: Miscellaneous Hearing,,,, by Tae Johnson, Troy Miller, David Pekoske, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. (Attachments: # 1 Affidavit)(Kirschner, Adam) (Entered: 01/29/2021)

Jan. 29, 2021

Jan. 29, 2021

PACER
44

SCHEDULING ORDER Defendant's production of Administrative Record due by 2/3/2021. Parties responses to proposed intervenors (optional) due by 2/3/2021. Plaintiff's motion for Preliminary Injunction due by 2/5/2021. Discovery due by 2/10/2021. Defendant's Response due by 2/12/2021. Plaintiff's reply due by 2/16/2021 Preliminary Injunction Hearing set for 2/19/2021 at 9:00 am. before Judge Drew B Tipton(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 01/30/2021)

Jan. 30, 2021

Jan. 30, 2021

PACER
52

TRANSCRIPT re: Status Conference / Scheduling Conference (Via Zoom) held on January 29, 2021 before Judge Drew B Tipton. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Ordering Party Daniel Hu Release of Transcript Restriction set for 5/3/2021., filed. (mahenry, ) (Entered: 02/01/2021)

Feb. 1, 2021

Feb. 1, 2021

PACER
51

NOTICE TO THE PARTIES, filed. (KelliePapaioannou, 2) (Entered: 02/01/2021)

Feb. 1, 2021

Feb. 1, 2021

PACER
50

ORDER granting 35 Motion for Spencer Amdur to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(RochelleLimon, 2) (Entered: 02/01/2021)

Feb. 1, 2021

Feb. 1, 2021

PACER
49

ORDER granting 33 Motion for Cody Wofsy to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(RochelleLimon, 2) (Entered: 02/01/2021)

Feb. 1, 2021

Feb. 1, 2021

PACER
48

ORDER granting 37 Motion for Noor Zafar to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(RochelleLimon, 2) (Entered: 02/01/2021)

Feb. 1, 2021

Feb. 1, 2021

PACER
47

ORDER granting 38 Motion for Michael K.T. Tan to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(RochelleLimon, 2) (Entered: 02/01/2021)

Feb. 1, 2021

Feb. 1, 2021

PACER
46

ORDER granting 42 Motion for Michael F. Knapp to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(RochelleLimon, 2) (Entered: 02/01/2021)

Feb. 1, 2021

Feb. 1, 2021

PACER
45

ORDER granting 34 Motion for Kathryn Huddleston to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(RochelleLimon, 2) (Entered: 02/01/2021)

Feb. 1, 2021

Feb. 1, 2021

PACER
53

Notice of Filing of Official Transcript as to 52 Transcript,. Party notified, filed. (BrittanyFoil, 6) (Entered: 02/02/2021)

Feb. 2, 2021

Feb. 2, 2021

PACER
61

ORDER granting 54 Motion for Lorraine Woodwark to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(vrios, 2) (Entered: 02/04/2021)

Feb. 3, 2021

Feb. 3, 2021

PACER
60

ORDER granting 55 Motion for Walter S. Zimolong to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(RochelleLimon, 2) (Entered: 02/04/2021)

Feb. 3, 2021

Feb. 3, 2021

PACER
59

NOTICE of Administrative Record by Tae Johnson, Troy Miller, David Pekoske, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. (Attachments: # 1 Administrative Record)(Kirschner, Adam) (Entered: 02/03/2021)

Feb. 3, 2021

Feb. 3, 2021

PACER
58

AO 435 TRANSCRIPT REQUEST by Andre Segura for Transcript of Motion hearing on 01/22/21 before Judge Tipton and Miscellaneous hearing on 01/25/21 before Judge Tipton. 3-Day turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (Segura, Andre) Electronically forwarded to Judicial Transcribers of Texas on 2/4/2021 (amartinez, 2). (Entered: 02/03/2021)

Feb. 3, 2021

Feb. 3, 2021

PACER
57

RESPONSE in Opposition to 28 EMERGENCY MOTION MOTION to Intervene, filed by State of Texas. (Attachments: # 1 Proposed Order)(Disher, Todd) (Entered: 02/03/2021)

Feb. 3, 2021

Feb. 3, 2021

PACER
56

NOTICE of Appearance by Ryan D. Walters on behalf of State of Texas, filed. (Walters, Ryan) (Entered: 02/03/2021)

Feb. 3, 2021

Feb. 3, 2021

PACER
55

MOTION for Walter S Zimolong to Appear Pro Hac Vice by Advocates for Victims of Illegal Alien Crime, filed. Motion Docket Date 2/24/2021. (CarrieDickie, 6) (Entered: 02/03/2021)

Feb. 3, 2021

Feb. 3, 2021

PACER
54

MOTION for Lorraine Woodwark to Appear Pro Hac Vice by Advocates for Victims of Illegal Alien Crime, filed. Motion Docket Date 2/24/2021. (CarrieDickie, 6) (Entered: 02/03/2021)

Feb. 3, 2021

Feb. 3, 2021

PACER
63

APPENDIX re: 62 MOTION for Preliminary Injunction by State of Texas, filed. (Attachments: # 1 Exhibit 1: January 20, 2020 Pekoske Memorandum, # 2 Exhibit 2: Memorandum of Understanding Between Texas and DHS, # 3 Exhibit 3: DHS 2019 Yearbook; Table 39, # 4 Exhibit 4: ERO Report FY2019, # 5 Exhibit 5: ERO FY2019 Local Statistics, # 6 Exhibit 6: Decl. of T. Homan, # 7 Exhibit 7: FY2021 ICE Detention Statistics, # 8 Exhibit 8: ICE.gov Homepage, # 9 Exhibit 9: DHS Alien Incarceration Report, Fiscal Year 2017, # 10 Exhibit 10: Decl. of R. Waltz, # 11 Exhibit 11: Decl. of B. Waybourn, # 12 Exhibit 12: Decl. of L. Lopez, # 13 Exhibit 13: Decl. of L. Kalakanis, # 14 Exhibit 14: DPS Texas Criminal Illegal Alien Data, # 15 Exhibit 15: Decl. of R. Vitiello, # 16 Exhibit 16: 2.2.2021 DHS letter to Texas, # 17 Exhibit 17: Gone to Texas, # 18 Exhibit 18: Texas Foreign Born Immigration)(Disher, Todd) (Entered: 02/05/2021)

Feb. 5, 2021

Feb. 5, 2021

PACER
62

MOTION for Preliminary Injunction by State of Texas, filed. Motion Docket Date 2/26/2021. (Attachments: # 1 Proposed Order)(Disher, Todd) (Entered: 02/05/2021)

Feb. 5, 2021

Feb. 5, 2021

Clearinghouse
66

ANSWER to 1 Complaint by Intervenors FIEL Houston, Refugee and Immigrant Center for Education and Legal Services, filed.(KelliePapaioannou, 2) (Entered: 02/06/2021)

Feb. 6, 2021

Feb. 6, 2021

PACER
65

ORDER Granting 28 Emergency Motion to Intervene.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 02/06/2021)

Feb. 6, 2021

Feb. 6, 2021

Clearinghouse
64

REPLY in Support of 28 EMERGENCY MOTION MOTION to Intervene, filed by FIEL Houston, Refugee and Immigrant Center for Education and Legal Services. (Segura, Andre) (Entered: 02/06/2021)

Feb. 6, 2021

Feb. 6, 2021

PACER
67

ORDER EXTENDING TEMPORARY RESTRAINING ORDER (Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 02/09/2021)

Feb. 8, 2021

Feb. 8, 2021

Clearinghouse
72

Unopposed MOTION for Leave to File Amicus Brief in Support of Plaintiff by Immigration Reform Law Institute, filed. Motion Docket Date 3/2/2021. (Attachments: # 1 Exhibit Corp Disclosure, # 2 Proposed Order proposed order, # 3 Exhibit Amicus Brief, # 4 Affidavit Declaration)(Joseph, Lawrence) (Entered: 02/09/2021)

Feb. 9, 2021

Feb. 9, 2021

PACER
71

ORDER granting 69 Motion for Steven C. Wu to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyPainschab, 2) (Entered: 02/09/2021)

Feb. 9, 2021

Feb. 9, 2021

PACER
70

ORDER granting 68 Motion for Morenike Fajana to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(vrios, 2) (Entered: 02/09/2021)

Feb. 9, 2021

Feb. 9, 2021

PACER
69

MOTION for Steven Wu to Appear Pro Hac Vice by State of New York, filed. Motion Docket Date 3/2/2021. (BrittanyFoil, 6) (Entered: 02/09/2021)

Feb. 9, 2021

Feb. 9, 2021

PACER
68

MOTION for Morenike Fajana to Appear Pro Hac Vice by State of New York, filed. Motion Docket Date 3/2/2021. (BrittanyFoil, 6) (Entered: 02/09/2021)

Feb. 9, 2021

Feb. 9, 2021

PACER
78

NOTICE re: 44 Order, by Tae Johnson, Troy Miller, David Pekoske, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, filed. (Attachments: # 1 Affidavit Berg, # 2 Affidavit Visconti)(Kirschner, Adam) (Entered: 02/10/2021)

Feb. 10, 2021

Feb. 10, 2021

PACER
77

AMICUS BRIEF in Support of Plaintiff and a Preliminary Injunction by Advocates for Victims of Illegal Alien Crime, filed.(KelliePapaioannou, 2) (Entered: 02/10/2021)

Feb. 10, 2021

Feb. 10, 2021

PACER
76

ORDER granting 73 Motion for Leave.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 02/10/2021)

Feb. 10, 2021

Feb. 10, 2021

PACER
75

MEMORANDUM of Law of Immigration Reform Law Institute as Amicus Curiae In Support of Plaintiff's Motion for a Preliminary Injunction by Immigration Reform Law Institute, filed.(KelliePapaioannou, 2) (Entered: 02/10/2021)

Feb. 10, 2021

Feb. 10, 2021

PACER
74

ORDER granting 72 Motion for Leave to File.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 02/10/2021)

Feb. 10, 2021

Feb. 10, 2021

PACER
73

Unopposed MOTION for Leave to File Amicus Brief by Advocates for Victims of Illegal Alien Crime, filed. Motion Docket Date 3/3/2021. (Attachments: # 1 Affidavit Amicus Brief, # 2 Proposed Order Proposed Order)(Woodwark, Lorraine) Modified on 2/11/2021 (CarrieDickie, 6). (Entered: 02/10/2021)

Feb. 10, 2021

Feb. 10, 2021

PACER
83

RESPONSE in Opposition to 62 MOTION for Preliminary Injunction, filed by Tae Johnson, Troy Miller, David Pekoske, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America. (Attachments: # 1 Exhibit 1 - Texas's Discov Responses, # 2 Proposed Order)(Kirschner, Adam) (Entered: 02/12/2021)

Feb. 12, 2021

Feb. 12, 2021

PACER
82

RESPONSE in Opposition to 62 MOTION for Preliminary Injunction, filed by FIEL Houston, Refugee and Immigrant Center for Education and Legal Services. (Attachments: # 1 Exhibit A - Declaration of Claudia Valenzuela, # 2 Exhibit B - Declaration of David K. Hausman, # 3 Exhibit C - Declaration Of Bradley J. Bartos, Adam B. Cox, David K. Hausman, Charis E. Kubrin, and Michael T. Light, # 4 Exhibit D - Texas Response to United States First Set of Discovery Requests, # 5 Exhibit E - Declaration of Alain Cisneros, # 6 Proposed Order)(Wofsy, Cody) (Entered: 02/12/2021)

Feb. 12, 2021

Feb. 12, 2021

PACER
81

BRIEF FOR AMICI CURIAE STATES OF NEW YORK, CALIFORNIA, CONNECTICUT, DELAWARE, THE DISTRICT OF COLUMBIA, ILLINOIS, MARYLAND, MASSACHUSETTS, NEVADA, NEW JERSEY, NEW MEXICO, OREGON, RHODE ISLAND, VERMONT, VIRGINIA, AND WASHINGTONIN SUPPORT OF DEFENDANTS by State of New York, filed.(KelliePapaioannou, 2) (Entered: 02/12/2021)

Feb. 12, 2021

Feb. 12, 2021

PACER
80

ORDER granting 79 Motion for Leave to File.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 02/12/2021)

Feb. 12, 2021

Feb. 12, 2021

PACER
79

Unopposed MOTION for Leave to File Amicus Brief by State of New York, filed. Motion Docket Date 3/5/2021. (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Exhibit Proposed Order)(Fajana, Morenike) (Entered: 02/12/2021)

Feb. 12, 2021

Feb. 12, 2021

PACER
84

REPLY in Support of 62 MOTION for Preliminary Injunction, filed by State of Texas. (Attachments: # 1 Exhibit Exhibit 19 - Defendants' Supplemental Discovery Responses)(Disher, Todd) (Entered: 02/16/2021)

Feb. 16, 2021

Feb. 16, 2021

PACER

***Reset Hearings: Time change only. Preliminary Injunction Hearing set for 2/19/2021 at 10:00 am before Judge Drew B Tipton. All Parties to appear by ZOOM. Zoom link will be emailed to parties. Dial in instructions for the conference can be accessed within the High Profile Hearings with Public Access link at https://www.txs.uscourts.gov/ Per L.R. 83.7 Except by leave of the presiding judge, no photo- or electro-mechanical means of recordation or transmission of court proceedings is permitted. (KelliePapaioannou, 2)

Feb. 17, 2021

Feb. 17, 2021

PACER

Preliminary Injunction hearing set for Friday, February 19, 2021 at 10:00 am is cancelled. (KelliePapaioannou, 2)

Feb. 18, 2021

Feb. 18, 2021

PACER
94

MEMORANDUM OPINION AND ORDER Granting 62 Motion for Preliminary Injunction. (Corrected Order entered for the limited purpose of correcting citation errors.) See also DE 85 . (Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 05/24/2021)

Feb. 23, 2021

Feb. 23, 2021

Clearinghouse
85

SEE CORRECTED ORDER DE 94 MEMORANDUM OPINION AND ORDER Granting 62 MOTION for Preliminary Injunction (Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 02/24/2021)

Feb. 23, 2021

Feb. 23, 2021

PACER
86

MOTION for Leave to File Amicus Brief in Support of the Plaintiffs by William F. Reade, Jr., filed. Motion Docket Date 3/22/2021. (Attachments: # 1 Amicus Brief, # 2 Cover Letter)(BrittanyFoil, 6) (Entered: 03/02/2021)

March 1, 2021

March 1, 2021

PACER
88

NOTICE of Setting. Parties notified. Status Conference set for 3/9/2021 at 10:00 AM before Judge Drew B Tipton, filed. All Parties to appear by ZOOM. Zoom link will be emailed to parties. Dial in instructions for the conference can be accessed within the High Profile Hearings with Public Access link at https://www.txs.uscourts.gov/ Per L.R. 83.7 Except by leave of the presiding Judge, no photo- or electro-mechanical means of recordation or transmission of court proceedings is permitted. (KelliePapaioannouadi, 2) (Entered: 03/03/2021)

March 3, 2021

March 3, 2021

PACER
87

Request for Issuance of Summons as to All Defendants, filed. (Attachments: # 1 Alejandro Mayorkas, US Dept. of Homeland Security, # 2 US Dept. of Homeland Security, # 3 Troy Miller, US Customs and Border Protection, # 4 US Customs and Border Protection, # 5 Tae Johson, US Immigration and Enforcement, # 6 US Immigration and Customs Enforcement, # 7 Tracy Reynaud US Citizenship and Immigration Services, # 8 US Citizenship and Immigration Services)(Disher, Todd) (Entered: 03/03/2021)

March 3, 2021

March 3, 2021

PACER
90

ORDER Denying 86 Motion for Leave to File Amicus Brief in Support of Plainitff.(Signed by Judge Drew B Tipton) Parties notified.(srussell, 2) (Entered: 03/05/2021)

March 5, 2021

March 5, 2021

PACER
89

Summons Issued as to Tae Johnson, Troy Miller, Tracy Renaud, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, United States Department of Homeland Security, United States of America, U.S. Attorney and U.S. Attorney General, Issued summons delivered to plaintiff by NEF, filed. (Attachments: # 1 Summons Issued-Mayorkas, US Dept of HS, # 2 Summons Issued-US Dept of Homeland Security, # 3 Summons Issued-Miller, US Customs & Border Protection, # 4 Summons Issued-US Customs & Border Protection, # 5 Summons Issued-Johnson, US Immigration, # 6 Summons Issued-US Immigration & Customs Enforcement, # 7 Summons Issued-Reynaud, US Citizenship, # 8 Summons Issued-US Citizenship & Immigration)(CarrieDickie, 6) (Entered: 03/05/2021)

March 5, 2021

March 5, 2021

PACER

Minute Entry for proceedings held before Judge Drew B Tipton. STATUS CONFERENCE held on 3/9/2021. The United States deadline for filing an Answer is extended to May 27, 2021. The Parties have agreed to stay discovery until the United States Answers. Discussion held regarding the refusal of ICE to honor detainers which have historically resulted in the removal of aliens who have committed felonies and who are completing their federal sentences. Further discussion held regarding the refusal of ICE to remove aliens who have committed felonies that have requested to be deported. The Court instructs counsel for the United States to provide the name of the individual within DHS that has instructed ICE to not remove aliens who have committed felonies and who are completing their federal sentences, as well as the name of the individual within DHS that has instructed ICE to not remove aliens who have committed felonies and have requested to be deported. Appearances: Kathryn Lynn Huddleston, Adam David Kirschner, Todd Lawrence Disher, Patrick K Sweeten, Daniel David Hu.(Digital # 10:01-10:23)(ERO:Verlinda Rios), filed.(KelliePapaioannou, 2)

March 9, 2021

March 9, 2021

PACER
91

ORDER granting 36 Motion for Omar C. Jadwat to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(ChristinaAvila, 2) (Entered: 04/19/2021)

April 19, 2021

April 19, 2021

PACER
92

NOTICE of Setting. Parties notified. Status Conference set for 5/14/2021 at 09:00 AM before Judge Drew B Tipton, filed. All Parties to appear by ZOOM. Zoom link will be emailed to parties. Dial in instructions for the conference can be accessed within the High Profile Hearings with Public Access link at https://www.txs.uscourts.gov/ Per L.R. 83.7 Except by leave of the presiding Judge, no photo- or electro-mechanical means of recordation or transmission of court proceedings is permitted. (KelliePapaioannouadi, 2) (Entered: 05/11/2021)

May 11, 2021

May 11, 2021

PACER

Case Details

State / Territory: Texas

Case Type(s):

Immigration and/or the Border

Presidential/Gubernatorial Authority

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 22, 2021

Closing Date: May 24, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

State of Texas

Plaintiff Type(s):

State Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

ACLU Immigrants' Rights Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

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

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

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

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2021 - 2021

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

Deportation - criteria

Deportation - procedure