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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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 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 -
Coe v. Biden - District Court
Mandatory DetentionParoleProsecutorial DiscretionICEThis lawsuit is 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. 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 -
Texas v. USA (TX Deportation Moratorium) - District Court
Mandatory DetentionProsecutorial DiscretionICEThe day President Biden was inaugurated, his Department of Homeland Security (DHS) issued a memorandum pausing most deportations for 100 days while the new administration issued new immigration enforcement guidance. Texas sued two days later, claiming that the challenged memorandum did not go...Read more -
Texas v. USA (TX ICE Priorities) - District Court
Mandatory DetentionParoleProsecutorial DiscretionICEIn 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
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