Prosecutorial Discretion

[ARCHIVED-September 2025] In 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...

[ARCHIVED-September 2025] The day President Biden was inaugurated, his Department of Homeland Security (DHS) issued a memorandum pausing most deportations for 100 days while the new administration issued new immigration enforcement guidance. Texas sued two days later, claiming that the challenged...

[ARCHIVED-September 2025] This 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...

[ARCHIVED-September 2025] This lawsuit was 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...

[ARCHIVED-September 2025] This 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...