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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Texas v. DHS (TX Parole) - District CourtParole03/10/2023- Order Denying Motion to Transfer (PDF)This lawsuit is on behalf of 21 states challenging a process the Biden Administration established to permit nationals of specified countries to apply for and receive a two-year period of “parole”--a statutorily authorized form of temporary permission for a non-citizen to live in the United States...Read more
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Florida v. USA (FL Detention) - District CourtMandatory Detention, Parole03/08/2023-Opinion & Order Entering Judgment for Florida (PDF)The State of Florida filed this case in September 2021 to challenge decades-long practices of the federal government whereby some asylum seekers are released from detention while the federal government adjudicates their claims for humanitarian protection (which often takes years). Florida claims...Read more
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Texas v. DHS (TX Parole) - District CourtParole02/21/2023-Hearing Transcript (PDF)This lawsuit is on behalf of 21 states challenging a process the Biden Administration established to permit nationals of specified countries to apply for and receive a two-year period of “parole”--a statutorily authorized form of temporary permission for a non-citizen to live in the United States...Read more
Litigation Tracker
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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 WallCOVIDICEMandatory DetentionMPP/RMX (Remain in Mexico)ParoleProsecutorial DiscretionTitle 42This was 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 -
Arizona v. Mayorkas (AZ Border Wall) - District Court
Border WallCOVIDICEMandatory DetentionMPP/RMX (Remain in Mexico)ParoleProsecutorial DiscretionTitle 42In this case, Arizona challenged at least five different immigration-related policies of the Biden Administration, principally based on an environmental law statute. Arizona’s main contention was that since the various policies could result in an increase in the U.S. population, and because that...Read more -
Biden v. Texas (TX RMX) - Supreme Court
Mandatory DetentionMPP/RMX (Remain in Mexico)ParoleOn 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 -
Brnovich v. Biden (AZ Detention) - District Court
Mandatory DetentionParoleThis was 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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