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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Missouri v. Biden (MO Border Wall) - Final Judgment AppealBorder Wall09/28/2022-States’ Opening Brief (PDF)This is an appeal of a district court order dismissing Texas and Missouri’s challenge to the Biden Administration’s cessation of border wall construction. The states allege that it violates the Constitution and budgetary statutes and did not go through required procedures. In August 2022, the...Read more
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Brnovich v. Biden (AZ Detention) - District CourtMandatory Detention, Parole09/23/2022-Opinion Mostly Denying Motion to Dismiss Immigration Claims (PDF)This is a suit by Arizona against the Biden Administration regarding two different sets of unrelated policies: COVID-19 vaccine mandates as to federal employees and contractors, on the one hand, and the circumstances under which asylum seekers should be detained, on the other. Arizona filed suit in...Read more
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Arizona v. CDC (AZ Title 42 Termination) - Court of AppealsCOVID, Title 4209/21/2022- ILL’s Reply Brief (PDF)This 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
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. 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 -
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. Mayorkas (AZ Border Wall) - Court of Appeals
Border WallCOVIDMandatory DetentionMPP/RMX (Remain in Mexico)ParoleTitle 42Prosecutorial DiscretionICEThis is an appeal in a case where Arizona challenges at least five different immigration-related policies of the Biden administration, principally on the ground that they allegedly violate an environmental law. Arizona’s main contention is that since the various policies could result in an increase...Read more
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