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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USA v. Texas (TX ICE Priorities) - Supreme CourtMandatory Detention, Parole, Prosecutorial Discretion, ICE11/29/2022-Oral ArgumentIn 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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Texas v. USA (TX DACA) - Court of AppealsDACA11/28/2022-Mandate issuedThis 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
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Ducey v. Moore - District CourtBorder Wall11/28/2022-CBD’s Answer to Arizona’s Complaint (PDF)In October 2022, a politically-connected private company hired by Arizona Governor Doug Ducey began using stacked shipping containers to build a “border wall” between gaps in the current fence along the U.S.-Mexico border in Arizona (where the federal government was already working to fill those...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 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 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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