State of TEXAS; State of Missouri, Plaintiffs-Appellees,
v.
Joseph R. BIDEN, Jr., in his official capacity as President of the United States of America; 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; United States Customs and Border Protection; Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement; United States Immigration and Customs Enforcement; Ur M. Jaddou, Director of U.S. Citizenship and Immigration Services; United States Citizenship and Immigration Services, Defendants-Appellants.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
Dean John Sauer , Jesus Armando Osete , Office of the Attorney General for the State of Missouri, Jefferson City, MO, for Plaintiff-Appellee State of Missouri.
Brian Christopher Ward , Trial Attorney, U.S. Department of Justice, Office of Immigration Litigation — District Court Section, Washington, DC, Joseph Anton Darrow, Esq. , U.S. Department of Justice, Civil Division, Washington, DC, Erez Reuveni , Assistant Director, U.S. Department of Justice, Office of Immigration Litigation, Civil Division, Washington, DC, Brian Walters Stoltz , U.S. Attorney's Office, Northern District of Texas, Dallas, TX, for Defendants-Appellants.
Cody Wofsy , American Civil Liberties Union Foundation Immigrants' Rights Project, San Francisco, CA, for Amici Curiae American Civil Liberties Union and American Civil Liberties Union of Texas.
Blaine Bookey , UC Hastings College of the Law, Center for Gender & Refugee Studies, San Francisco, CA, for Amici Curiae Law School Clinics, Non-Profit Organizations, American Immigration Council, American Immigration Lawyers Association, Catholic Legal Immigration Network, Incorporated, Center for Gender & Refugee Studies, Human Rights First, Justice Action Center, National Immigration Law Center, Round Table of Former Immigration Judges, and Southern Poverty Law Center.
Matt A. Crapo , Alexandria, VA, for Amicus Curiae Immigration Reform Law Institute.
Thomas Molnar Fisher , Solicitor General, Office of the Attorney General for the State of Indiana, Indianapolis, IN, for Amici Curiae State of Indiana, State of Alabama, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Montana, State of Ohio, State of Oklahoma, State of South Carolina, State of West Virginia, and State of Utah.
Alan J. Stone , Milbank, L.L.P., New York, NY, for Amici Curiae Young Center for Immigrant Children's Rights, Kids in Need of Defense, Save The Children Federation, Incorporated, Save The Children Action Network, Angry Tias And Abuelas of the Rio Grande Valley, Center for The Human Rights of Children at Loyola University Chicago School of Law, First Focus on Children, and Childrens Defense Fund.
Before BARKSDALE, ENGELHARDT, and OLDHAM, Circuit Judges.
ANDREW S. OLDHAM, Circuit Judge:
This case concerns the Migrant Protection Protocols ("MPP" or the "Protocols"), which the Secretary of the Department of Homeland Security ("DHS") created on December 20, 2018. On January 20, 2021, DHS suspended the MPP program (the "Suspension Decision"). On June 1, 2021, DHS permanently terminated MPP (the "Termination...
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