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. 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 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 -
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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