Tracking Red State Challenges to Immigrant Inclusive Policies
Ever since President Biden took office, red states have been co-opting the legal system in efforts to continue anti-immigrant Trump policies.
This site follows these cases through the court system and houses important filings, news coverage, and advocacy tools to advance a more humane, moral and dignified immigration system.
Latest Updates
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USA v. Texas (TX ICE Priorities) - Supreme CourtMandatory Detention, Parole, Prosecutorial Discretion, ICE11/29/2022-Oral ArgumentIn July 2022, the Supreme Court agreed to review lower court decisions in this case, brought by Texas and Louisiana, challenging guidance Secretary of Homeland Security Mayorkas issued in September 2021 to Immigration and Customs Enforcement (ICE) about how to prioritize the agency’s enforcement and...Read more
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Texas v. USA (TX DACA) - Court of AppealsDACA11/28/2022-Mandate issuedThis is an appeal of a district court decision granting the request by Texas and eight other states to permanently enjoin (block) the Deferred Action for Childhood Arrivals (DACA) program. DACA was created in 2012 by the Obama Administration, and it permits certain immigrants brought to the United...Read more
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Ducey v. Moore - District CourtBorder Wall11/28/2022-CBD’s Answer to Arizona’s Complaint (PDF)In October 2022, a politically-connected private company hired by Arizona Governor Doug Ducey began using stacked shipping containers to build a “border wall” between gaps in the current fence along the U.S.-Mexico border in Arizona (where the federal government was already working to fill those...Read more
Litigation Tracker
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Alabama v. Mayorkas - District Court
Mandatory DetentionProsecutorial DiscretionICEIn April 2022, Alabama, Florida, and Georgia sued the Biden Administration over immigration enforcement guidance, issued in September 2021, that set out criteria and guidelines for Immigration and Customs Enforcement (ICE) to consider when prioritizing cases for enforcement and deportation (e.g...Read more -
Arizona v. Biden (AZ ICE Priorities II) - District Court
Mandatory DetentionProsecutorial DiscretionICEIn November 2021, Arizona, Montana, and Ohio sued the Biden Administration regarding immigration enforcement guidance, issued in September 2021, for Immigration and Customs Enforcement (ICE) to consider when prioritizing cases for enforcement and deportation (e.g., whether an individual is a...Read more -
Arizona v. Biden (AZ ICE Priorities II)- Court of Appeals
Mandatory DetentionProsecutorial DiscretionICEThis is an appeal by the federal government of the March 22, 2022 decision of a trial court preliminarily enjoining (blocking) guidance the Biden Administration issued in September 2021 for Immigration and Customs Enforcement (ICE) to consider when prioritizing cases for enforcement and deportation...Read more -
Arizona v. CDC (AZ Title 42 Termination) - Court of Appeals
COVIDTitle 42This is an appeal of a district court’s order preliminarily enjoining (blocking) the Biden Administration’s attempt to end the Title 42 expulsion policy, under which most migrants at the southern border seeking asylum have been summarily expelled back to Mexico, ostensibly to prevent the spread of...Read more -
Arizona v. CDC (AZ Title 42 Termination) - District Court
COVIDTitle 42On April 3, 2022, the States of Arizona, Louisiana, and Missouri filed this suit to challenge the Center for Disease Control’s announcement that it would be ending its Title 42 expulsion order as of May 23, 2022. Under that order, most noncitizens seeking humanitarian protection have been summarily...Read more -
Arizona v. DHS (AZ ICE Priorities) - Court of Appeals
Mandatory DetentionParoleProsecutorial DiscretionICEThis was an appeal by the States of Arizona and Montana of a district court order dismissing their claims against immigration enforcement guidance, issued in January and February 2021, for Immigration and Customs Enforcement (ICE) to consider when prioritizing cases for enforcement and deportation...Read more
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