Arizona v. DHS (AZ ICE Priorities) - Court of Appeals

This 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 (e.g. whether an individual is a national security or public safety threat).  Arizona and Montana claimed that the issuance of the guidance was procedurally improper and that its substance is inconsistent with an immigration statute.  On June 30, 2021, the district court granted the Biden Administration’s motion to dismiss the lawsuit.  This appeal followed.

Shortly after filing this appeal, Arizona and Montana requested that the Ninth Circuit preliminarily enjoin (block) the challenged guidance until the appeal was fully resolved.  On July 30, 2021, a 3-judge panel denied that request.  The States nonetheless renewed that request, and approximately a month later, a different 3-judge panel denied the renewed motion.  

In September 2021, the Biden Administration issued new ICE guidance that superseded the guidance Arizona and Montana challenged here.  On January 21, 2022, a third 3-judge panel dismissed this case as moot.