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Immigration Law

CA5 Issues Partial Stay in TX v. USA

TX v. USA, Sept. 15, 2021

"[T]he United States has shown a likelihood of prevailing on appeal to the extent the preliminary injunction prevents officials from relying on the memos’ enforcement priorities for nondetention decisions. ... We therefore GRANT IN PART and DENY IN PART the motion to stay the preliminary injunction. The injunction will go into effect to the extent it prevents DHS and ICE officials from relying on the memos to refuse to detain aliens described in 1226(c)(1) against whom detainers have been lodged or aliens who fall under section 1231(a)(1)(A) because they have been ordered removed. The injunction is STAYED pending appeal in all other respects including the reporting requirements."