University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Florida v. U.S.A. IM-FL-0030
Docket / Court 8:21-cv-00541 ( M.D. Fla. )
State/Territory Florida
Case Type(s) Immigration and/or the Border
Case Summary
This is a case about President Biden’s Executive Order 13993, which revoked a previous Executive Order from the previous administration and prompted the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) to issue memoranda affecting the U.S. policy of ... read more >
This is a case about President Biden’s Executive Order 13993, which revoked a previous Executive Order from the previous administration and prompted the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) to issue memoranda affecting the U.S. policy of deporting criminal aliens who were present in the United States before November 20, 2020. On March 8, 2021, the State of Florida filed this lawsuit in the U.S. District Court for the Middle District of Florida. Florida sued the United States of America, DHS, U.S. Customs and Border Protection (CBP), ICE, and U.S. Citizenship and Immigration Services under the Administrative Procedure Act (5 U.S.C. §§ 702–703), the Federal Tort Claims Act (28 U.S.C. § 1346), and the Immigration and Nationality Act (8 U.S.C. §§ 1226, 1231). Represented by the Office of the Florida Attorney General, the plaintiff sought injunctive and declaratory relief and attorneys’ fees. The state claimed that the Biden administration was attempting to shirk its non-discretionary duty to detain and remove criminal aliens under an interim policy during which DHS and ICE conducted a review of their policies and practices surrounding immigration and deportation. This case was assigned to Judge Charlene Edwards Honeywell.

The plaintiff moved for a preliminary injunction precluding the federal government from implementing and enforcing the interim immigration policies set forth in the memoranda from DHS and ICE on March 9, 2021. The court denied this motion on May 18, 2021, for two main reasons. Firstly, the interim policies in the memos by the DHS and ICE were guidelines that prioritized certain enforcements rather than a prohibition of enforcement. The nature of these interim policies was not a “final agency action,” as evidenced by the additions to the policies from the memos and the ongoing input from ICE, CBP, and DHS. Secondly, the memo’s guidelines for the prioritization of immigration enforcement cases are not subject to judicial review. The plaintiff’s suit was predicated on the reviewability of the agency actions under the Administrative Procedure Act (APA), which the court determined to be an incorrect assumption.

The plaintiff appealed the denied preliminary injunction on May 19, 2021. After that filing, the plaintiff moved on May 20 to stay the proceedings of this case. The court granted it four days later.

This case is currently pending appeal.

Calvin Kim - 09/30/2021


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Content of Injunction
Preliminary relief denied
Defendant-type
Jurisdiction-wide
Immigration/Border
Deportation - procedure
Plaintiff Type
State Plaintiff
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Defendant(s) United States of America
Plaintiff Description State of Florida
Class action status sought No
Class action status outcome Not sought
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Filed 03/08/2021
Case Ongoing Yes
Additional Resources
click to show/hide detail
  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Court Docket(s)
M.D. Fla.
06/22/2021
8:21-cv-00541-CEH-SPF
IM-FL-0030-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
M.D. Fla.
03/08/2021
Complaint for Declaratory Relief and Preliminary and Permanent Injunctive Relief [ECF# 1]
IM-FL-0030-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
M.D. Fla.
05/18/2021
Order [ECF# 38] (2021 WL 1985058)
IM-FL-0030-0002.pdf | WESTLAW | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Flynn, Sean P. Court not on record [Magistrate] show/hide docs
IM-FL-0030-9000
Honeywell, Charlene Vanessa Edwards (M.D. Fla.) show/hide docs
IM-FL-0030-0002 | IM-FL-0030-9000
Plaintiff's Lawyers Guard, John (Florida) show/hide docs
IM-FL-0030-0001
Hilborn, Jason H. (Florida) show/hide docs
IM-FL-0030-0001 | IM-FL-0030-9000
Kamoutsas, Rachel (Florida) show/hide docs
IM-FL-0030-0001 | IM-FL-0030-9000
Moody, Ashley (Florida) show/hide docs
IM-FL-0030-0001
Patel, Anita J (Florida) show/hide docs
IM-FL-0030-0001 | IM-FL-0030-9000
Percival, James H. II (District of Columbia) show/hide docs
IM-FL-0030-0001 | IM-FL-0030-9000
Defendant's Lawyers Cholera, Kuntal (District of Columbia) show/hide docs
IM-FL-0030-9000
Other Lawyers Dunn, Kristian E (Florida) show/hide docs
IM-FL-0030-9000
Kacou, Amien (Florida) show/hide docs
IM-FL-0030-9000
Zimolong, Walter S (Pennsylvania) show/hide docs
IM-FL-0030-9000

- click to show/hide ALL -

new search
page permalink

- top of page -