Tracking Extremist Challenges to Immigrant Inclusive Policies
Since President Biden took office, extremist attorneys general 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 Regulations04/17/2024-Final Judgment (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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Arizona v. Garland (AZ Asylum Rule) - District CourtAsylum Regulations04/16/2024-Memorandum Ruling Granting Motion to Dismiss (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. USA (TX DACA) - Court of Appeals IIDACA04/09/2024-Texas’s Brief on Appeal (PDF)This 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
Litigation Tracker
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Arizona v. Biden (AZ ICE Priorities II) - District Court
ICEMandatory DetentionProsecutorial DiscretionIn 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
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 -
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 ICE Priorities) - District Court
ICEMandatory DetentionParoleProsecutorial DiscretionIn 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 -
Texas v. USA (TX ICE Priorities) - Final Judgment Appeal
ICEMandatory DetentionParoleProsecutorial DiscretionThis is an appeal of a district court’s final judgment granting Texas and Louisiana’s request to vacate (void) 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...Read more -
Texas v. USA (TX ICE Priorities) - Preliminary Injunction Appeal
Mandatory DetentionParoleProsecutorial DiscretionICEThis was an appeal of a district court’s order granting Texas and Louisiana a preliminary injunction of immigration enforcement guidance, issued in January and February 2021, that set out criteria and guidelines for Immigration and Customs Enforcement (ICE) to consider when prioritizing cases for...Read more -
USA v. Texas (TX ICE Priorities) - Supreme Court
ICEMandatory DetentionParoleProsecutorial DiscretionIn 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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