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Summary

In 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 increase in population could have an environmental impact, the Biden Administration was required to (but did not) fulfill extensive procedural requirements before implementing the challenged policies.  Arizona seeks a court order enjoining (blocking) the challenged policies.

Soon after filing suit, Arizona moved for a preliminary injunction, asking the court to issue an order blocking the challenged policies while this lawsuit proceeds to final judgment.  After briefing and oral argument, Judge Lanza issued an opinion on February 7, 2022 that denied Arizona’s motion for a preliminary injunction in all respects.  On April 8, 2022, Arizona appealed that decision to the Ninth Circuit Court of Appeals.

On April 28, 2022, Judge Lanza issued an opinion and order that dismissed most of Arizona’s claims and reserved the possibility of dismissing the remaining claims soon.  He ordered the parties to submit briefing on the remaining claims (regarding the end of the “Remain in Mexico” policy) after the Supreme Court issued its decision in Biden v. Texas (which occurred on June 30). Following that briefing, on August 15, 2022, Arizona filed a second amended complaint to try to address the deficiencies in their prior complaint that were identified by Judge Lanza in his April 28, 2022 opinion. 

The parties are currently briefing the Biden Administration’s motion to dismiss the second amended complaint.

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