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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Arizona v. Garland (AZ Asylum Rule) - District CourtAsylum Regulations05/24/2023-Minute Entry for Hearing on Motions to Compel (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. Mayorkas (TX Asylum Ban) - District CourtAsylum Regulations05/23/2023-Complaint (PDF)Texas filed this lawsuit in May 2023 to challenge a regulation issued a few weeks earlier by the Biden Administration. The convoluted rule makes non-Mexican asylum seekers at the southern border presumptively ineligible for asylum in the United States, subject to narrow, tightly restricted...Read more
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Florida v. USA (FL Detention II) - Court of AppealsMandatory Detention, Parole05/18/2023-Appeal docketedThis 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
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. 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. 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. Garland (AZ Asylum Rule) - District Court
Asylum RegulationsThis 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 -
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 -
Bush v. Biden (TX Border Wall) - District Court
Border WallThis case challenges the Biden Administration’s cessation of border wall construction. It originally began as two separate cases. In July 2021, George P. Bush filed suit on behalf of the General Land Office of the State of Texas and himself, as its Commissioner. Bush says that terminating border...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 -
Ducey v. Moore - District Court
Border WallIn 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 -
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
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