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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Biden v. Texas (TX RMX) - Supreme CourtMandatory Detention, MPP/RMX (Remain in Mexico), Parole05/13/2022-Supplemental Reply Brief of Biden AdministrationOn February 18, 2022, the Supreme Court granted the Biden Administration's request to review the decision of the Fifth Circuit holding that the federal government must restart and maintain the "Remain in Mexico" (“RMX”) program (also referred to as the "Migrant Protection Protocols," or MPP), a...Read more
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Biden v. Texas (TX RMX) - Supreme CourtMandatory Detention, MPP/RMX (Remain in Mexico), Parole05/13/2022-Supplemental Reply Brief of TexasOn February 18, 2022, the Supreme Court granted the Biden Administration's request to review the decision of the Fifth Circuit holding that the federal government must restart and maintain the "Remain in Mexico" (“RMX”) program (also referred to as the "Migrant Protection Protocols," or MPP), a...Read more
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Missouri v. Biden (MO Border Wall) - Court of AppealsBorder Wall05/11/2022-Oral argumentIn this case, the States of Missouri and Texas challenge the Biden Administration’s cessation of border wall construction, alleging that it violates the Constitution and budgetary statutes and did not go through required procedures. After filing suit, Missouri and Texas asked the district court to...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 - 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. Biden - 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. 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 - District Court)
Mandatory DetentionParoleProsecutorial DiscretionICEIn early 2021, Arizona and Montana sued the Biden Administration regarding immigration enforcement guidance, issued in January and February 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. 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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