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 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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Arizona v. Garland (AZ Asylum Rule) - District CourtAsylum Regulations04/17/2024-Final Judgment (PDF)This suit is a challenge by 19 states (initially led by Arizona, which later bowed out of the case but is still listed as the “lead” plaintiff in the caption) to an asylum-related regulation issued by the Department of Homeland Security in March 2022. Prior to issuing that regulation, DHS provided...Read more
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Arizona v. Garland (AZ Asylum Rule) - District CourtAsylum Regulations04/16/2024-Memorandum Ruling Granting Motion to Dismiss (PDF)This suit is a challenge by 19 states (initially led by Arizona, which later bowed out of the case but is still listed as the “lead” plaintiff in the caption) to an asylum-related regulation issued by the Department of Homeland Security in March 2022. Prior to issuing that regulation, DHS provided...Read more
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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
Litigation Tracker
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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 -
Arizona v. DHS (AZ ICE Priorities) - District Court
ICEMandatory DetentionParoleProsecutorial DiscretionIn 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 -
Coe v. Biden - District Court
ICEMandatory DetentionParoleProsecutorial DiscretionThis lawsuit was on behalf of seven Texas county sheriffs and a non-profit organization, the Federal Police Foundation, that claims to have Immigration and Customs Enforcement (ICE) agents as its members. They sued the Biden Administration over immigration enforcement guidance, issued in January and...Read more -
Florida v. Mayorkas (FL Detention II) - District Court
Mandatory DetentionParoleThe State of Florida filed this case on May 10, 2023—the day before “ Title 42 ” pandemic-based border restrictions expired—to challenge a newly-issued DHS policy known as “ Parole with Conditions. ” Under that policy, some asylum seekers can be released from detention (on immigration “parole,” a...Read more -
Florida v. USA (FL Detention I) - Court of Appeals
Mandatory DetentionParoleThis 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 -
Florida v. USA (FL Detention I) - District Court
Mandatory DetentionParoleThe 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 -
Florida v. USA (FL Detention II) - Court of Appeals
Mandatory DetentionParoleThis 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 -
Florida v. USA (FL ICE Priorities) - Court of Appeals
Mandatory DetentionParoleProsecutorial DiscretionICEThis was an appeal of a May 2021 district court decision denying the State of Florida’s request to preliminary enjoin (block) immigration enforcement guidance, issued in January and February 2021, for Immigration and Customs Enforcement (ICE) to consider when prioritizing cases for enforcement and...Read more -
Florida v. USA (FL ICE Priorities) - District Court
Mandatory DetentionParoleProsecutorial DiscretionICEIn March 2021, the State of Florida 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 -
Indiana v. Biden - District Court
Mandatory DetentionParoleIn this lawsuit, Indiana challenges decades-old 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). Indiana claims that these detention practices...Read more -
Texas v. Biden (TX CAM) - District Court
ParoleIn January 2022, Texas (along with seven other states) filed this lawsuit challenging the Central American Minors (CAM) program. Through CAM, certain nationals of the Northern Triangle countries (El Salvador, Guatemala, and Honduras) who are lawfully in the United States can request, on a case-by...Read more -
Texas v. Biden (TX RMX) - Court of Appeals I
Mandatory DetentionMPP/RMX (Remain in Mexico)ParoleThis is an appeal of a district court’s order that the Biden Administration restart the "Remain in Mexico" program (also referred to as the "Migrant Protection Protocols," or MPP), a Trump-era policy requiring certain asylum seekers to be returned to Mexico and forced to wait there for the months or...Read more -
Texas v. Biden (TX RMX) - Court of Appeals II
Mandatory DetentionMPP/RMX (Remain in Mexico)ParoleThis is an appeal of a district court’s order that stayed (paused) the Biden Administration’s second attempt to end the "Remain in Mexico" program (also referred to as the "Migrant Protection Protocols," or MPP), a Trump-era policy requiring certain asylum seekers to be returned to Mexico and forced...Read more -
Texas v. Biden (TX RMX) - District Court
Mandatory DetentionMPP/RMX (Remain in Mexico)ParoleIn April 2021, Texas and Missouri sued the Biden Administration for ending a policy, created in late 2018 by the Trump Administration, under which certain asylum seekers are returned to Mexico and forced to wait there for the months or years required for the U.S. government to process their...Read more -
Texas v. DHS (TX CHNV Parole) - Court of Appeals
ParoleThis is an appeal of a March 8, 2024 district court decision in which Judge Tipton dismissed the case based on his finding that Texas failed to demonstrate it is harmed due to the CHNV parole programs, and therefore does not have standing to maintain the case. Just a few days later, Texas and the 20...Read more -
Texas v. DHS (TX CHNV Parole) - District Court
ParoleOur intervenor, Valerie, reuniting with her brother, Reginald, as he arrives for the first time to the United States from Haiti. Wednesday, Aug. 9, 2023. (AP Photo/Jim Rassol) This lawsuit is on behalf of 21 states (led by Texas) challenging a process the Biden Administration established to permit...Read more -
Texas v. USA (TX ICE Priorities) - District Court
ICEMandatory DetentionParoleProsecutorial DiscretionIn April 2021, Texas and Louisiana sued the Biden Administration over immigration enforcement guidance that set out criteria and guidelines for Immigration and Customs Enforcement (ICE) to consider when prioritizing cases for enforcement and deportation (e.g. whether an individual is a national...Read more -
Texas v. USA (TX ICE Priorities) - Final Judgment Appeal
ICEMandatory DetentionParoleProsecutorial DiscretionThis is an appeal of a district court’s final judgment granting Texas and Louisiana’s request to vacate (void) 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...Read more -
Texas v. USA (TX ICE Priorities) - Preliminary Injunction Appeal
Mandatory DetentionParoleProsecutorial DiscretionICEThis was an appeal of a district court’s order granting Texas and Louisiana a preliminary injunction of immigration enforcement guidance, issued in January and February 2021, that set out criteria and guidelines for Immigration and Customs Enforcement (ICE) to consider when prioritizing cases for...Read more -
USA v. Texas (TX ICE Priorities) - Supreme Court
ICEMandatory DetentionParoleProsecutorial DiscretionIn 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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