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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Biden v. Texas (TX RMX) - Supreme CourtMandatory Detention, MPP/RMX (Remain in Mexico), Parole06/30/2022-Opinion Reversing & Remanding (PDF at this link)On 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
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Arizona v. CDC (AZ Title 42 Termination) - Court of AppealsCOVID, Title 4206/16/2022-Order Denying ILL’s Motion to Stay Nationwide Injunction (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
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Texas v. USA (TX ICE Priorities) - District CourtMandatory Detention, Parole, Prosecutorial Discretion, ICE06/14/2022-Order Extending Stay (PDF)In 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
Litigation Tracker
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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. 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 -
Arizona v. Mayorkas (AZ Border Wall) - District Court
Border WallCOVIDMandatory DetentionMPP/RMX (Remain in Mexico)ParoleTitle 42Prosecutorial DiscretionICEIn this case, Arizona challenges at least five different immigration-related policies of the Biden Administration, principally based on an environmental law statute. Arizona’s main contention is that since the various policies could result in an increase in the U.S. population, and because that...Read more -
Texas v. Biden (TX Title 42 Exceptions) - District Court
COVIDTitle 42This case is a challenge by Texas to narrow exceptions to orders issued by the Center for Disease Control (CDC) under which most migrants at the southern border seeking asylum have been summarily expelled back to Mexico, ostensibly to prevent the spread of COVID-19. The Trump CDC issued the first...Read more -
Texas v. Walensky (TX Title 42 Termination) - District Court
COVIDTitle 42On April 22, 2022, Texas 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 expelled, without the opportunity to...Read more
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