TEXAS v. UNITED STATES

No. 21-40618.

14 F.4th 332 (2021)

State of TEXAS; State of Louisiana, Plaintiffs-Appellees, v. UNITED STATES of America; Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security; United States Department of Homeland Security; Troy Miller, Acting Commissioner, U.S. Customs and Border Protection, In his official capacity; United States Customs and Border Protection; Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement, In his official capacity; United States Immigration and Customs Enforcement; Tracy Renaud, Senior Official Performing the Duties of the Director of the U.S. Citizenship and Immigration Services, in her official capacity; United States Citizenship and Immigration Services, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED September 15, 2021.


Attorney(s) appearing for the Case

Judd Edward Stone, II , Kathryn Cherry , Benjamin I. Wilson , Office of the Attorney General, Office of the Solicitor General, Austin, TX, Elizabeth Baker Murrill, Esq. , Assistant Attorney General, Office of the Attorney General for the State of Louisiana, Baton Rouge, LA, Patrick K. Sweeten , Office of the Attorney General of Texas, Special Counsel Unit, Austin, TX, for Plaintiffs-Appellees.

Sean Janda , H. Thomas Byron, III , Sarah Elaine Harrington , Michael Shih , U.S. Department of Justice, Civil Division, Appellate Section, Washington, DC, Daniel David Hu , Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Texas, Houston, TX, Erez Reuveni , Assistant Director, U.S. Department of Justice, Office of Immigration Litigation, Civil Division, Washington, DC, for Defendants-Appellants.

Spencer Amdur , Cody Wofsy , American Civil Liberties Union Foundation, Immigrants' Rights Project, San Francisco, CA, Kathryn Lynn Huddleston , American Civil Liberties Union of Texas, Houston, TX, Omar C. Jadwat , American Civil Liberties Union Foundation, Immigrants' Rights Project, New York, NY, for Amici Curiae FIEL Houston and Refugee and Immigrant Center for Education and Legal Services.

Matt A. Crapo , Alexandria, VA, for Amiens Curiae Immigration Reform Law Institute.

Drew C. Ensign , Deputy Solicitor General, Attorney General's Office for the State of Arizona, Phoenix, AZ, for Amici Curiae States of Arizona, Alabama, Arkansas, Florida, Georgia, Indiana, Kansas, Mississippi, Missouri, Montana, Nebraska, Ohio, South Carolina, South Dakota, Utah, and West Virginia.

Before Southwick, Graves, and Costa, Circuit Judges.


A district court issued a nationwide preliminary injunction preventing the United States from relying on immigration enforcement priorities outlined in memos from the Department of Homeland Security and Immigration and Customs Enforcement. The United States seeks a stay of that injunction pending appeal. For the reasons...

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