Tracking Extremist Challenges to Immigrant Inclusive Policies
Since President Biden took office, extremist attorneys general 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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Texas v. USA (TX DACA) - Court of Appeals IIDACA04/09/2024-Texas’s Brief on Appeal (PDF)This 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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Florida v. USA (FL Detention I) - Court of AppealsMandatory Detention, Parole04/08/2024-Supplemental Briefing Order (PDF)This is an appeal of a March 2023 decision by a district court judge in Florida to vacate (nullify) a DHS policy authorizing, in certain circumstances, the release from detention of some asylum seekers and instead monitoring them via less expensive and arguably more humane alternatives to detention...Read more
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Florida v. USA (FL Detention II) - Court of AppealsMandatory Detention, Parole04/08/2024-Supplemental Briefing Order (PDF)This is an appeal of a May 2023 decision by a district court judge in Florida to preliminarily enjoin (block) a DHS policy authorizing, in certain circumstances, the release from detention of some asylum seekers and instead monitoring them via less expensive and arguably more humane alternatives to...Read more
Litigation Tracker
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Alabama v. Mayorkas - District Court
ICEMandatory DetentionProsecutorial DiscretionIn 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
ICEMandatory DetentionProsecutorial DiscretionIn 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
ICEMandatory DetentionParoleProsecutorial DiscretionThis 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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