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AILA Doc. No. 21012634 | Dated November 30, 2021 | File Size: 786 KDownload the Document
An Ohio federal court issued an injunction against the DHS enforcement priorities on March 22, 2022. The new court order places two main limitations on DHS’s use of the enforcement priorities for those subject to mandatory detention and adjudicating discretionary stays of removal. However, DHS may still release people from detention and grant stays where otherwise permitted by statute or other circumstances.
On 11/30/21, the Fifth Circuit (en banc) issued an order determining that the 9/15/21 panel opinion issuing a stay on the preliminary injunction against the memos should be vacated, meaning that the full 8/19/21 district court injunction blocking implementation of the memos is in place as of 11/30/21. (Texas, et al. v. United States, et al., 11/30/21)
In a decision related to Biden’s enforcement priorities memos, the Fifth Circuit granted a stay of the preliminary injunction pending appeal to allow DHS and ICE to rely on the memos, in all respects, except as it pertains to detained individuals subject to mandatory detention or individuals who have been ordered removed. (Texas, et al. v. United States, et al., 9/15/21)
The decision notes that:
For more analysis on this decision, read the National Immigration Project of the National Lawyers Guild’s explainer, which notes that the decision represents “a significant blow to the efforts of anti-immigrant state governments” to block the Biden administration’s efforts to set guidelines on the exercise of discretion in immigration enforcement and detention.
The Fifth Circuit extended the district court’s stay on the preliminary injunction of the Biden immigration enforcement memos indefinitely. (Texas, et al., v. USA, et al., 8/25/21)
Judge Drew Tipton of the U.S. District Court for the Southern District of Texas issued a stay, stating that: “As for the actual injunction, the Court grants relief to the extent that it STAYS the applicability of the Preliminary Injunction, (Dkt. No. 79 at 157-58), until Monday, August 30, 2021, at 12:00 p.m. to allow the Defendants time to seek relief at the appellate level.”
A federal judge enjoined Biden’s ICE enforcement priorities memos, including the implementation of Section B of the 1/20/21 “Interim Civil Enforcement Guidelines” memorandum as well as two related sections of the 2/18/21 memorandum. (Texas, et al. v. USA, et al., 8/19/21)
The decision states:
For the foregoing reasons, the Court GRANTS the States’ Motion for Preliminary Injunction. (Dkt. No. 18). Therefore, it is hereby ORDERED that:
The district court granted Texas’s motion for preliminary injunction, prohibiting the government from enforcing or implementing the 100-day pause of removals as outlined in the January 20, 2021, memorandum.
The order states:
This Order does not prohibit the Government from carrying out or adhering to the January 20 Memorandum’s other sections, entitled “A. Comprehensive Review of Enforcement Policies and Priorities,” “B. Interim Civil Enforcement Guidelines,” or “D. No Private Right Statement.”
Granting Texas’s request, the Southern District of Texas, Victoria Division extended the TRO for another 14 days until February 23, 2021.
The Southern District of Texas, Victoria Division, issued a Temporary Restraining Order to enjoin the government from executing the 100-day pause on the removal of individuals already subject to a final Order of Removal, as outlined in the DHS memo on January 20, 2021. The government is enjoined from executing this pause for 14 days. (State of Texas v. USA, et al., 1/26/21)
Note: The TRO applies only to the moratorium and does not impact the enforcement priorities set forth in DHS's January 20, 2021, memo.
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