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In this lawsuit, Indiana challenges decades-old 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). Indiana claims that these detention practices substantively conflict with immigration statutes and that, even if they are substantively permissible, they did not go through proper procedures. Indiana seeks an order compelling the Biden Administration to comply with Indiana’s interpretation of the immigration statutes and to detain asylum seekers while their claims are decided.

The parties are currently engaged in discovery (the process by which parties exchange documents and testimony) related to Indiana’s standing. The current deadline to complete that discovery is in mid-April 2023.

In late March 2023, the parties jointly requested that this case be stayed (paused) until proceedings conclude in Florida v. USA–a virtually identical case in which the district court judge issued  an opinion vacating (nullifying) the same policy Indiana challenges here. That case is now on appeal.

Technical Summary

Indiana challenges one or more alleged policies of “refusing to detain” arriving asylum seekers, which Indiana claims conflict with 8 U.S.C. § 1225(b)(1)-(2) and relies on an unlawful misuse of the parole authority in 8 U.S.C. § 1182(d)(5).  Indiana also claims the alleged policies violate the Administrative Procedure Act’s prohibition of arbitrary and capricious agency action, its notice-and-comment requirement, and its prohibition on unreasonably delayed agency action.


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