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Immigration Law

Court Blocks DHS Enforcement Memo: Arizona v. Biden

Arizona v. Biden

"It is hereby ORDERED that:
1. Pursuant to Fed. R. Civ. P. 65(a), Defendants United States Department of Homeland Security, Alejandro Mayorkas, in his official capacity as Secretary of the Department of Homeland Security, all their respective officers, agents, servants, employees, attorneys, and other persons who are in active concert or participation with them are hereby ENJOINED and RESTRAINED from taking the following actions:
a. Enforcing and implementing Section II of the Permanent Guidance (entitled “Civil Immigration Priorities”) (Doc. No. 4-1) to make, determine, or adjudicate noncitizen custody decisions pending removal proceedings contrary to 8 U.S.C. § 1226(c)(1);
b. Enforcing and implementing Section II of the Permanent Guidance (entitled “Civil Immigration Priorities”) (Doc. No. 4-1) to authorize the release of, whether on bond, supervision, or otherwise, a noncitizen with a final order of removal during the removal period in violation of 8 U.S.C. § 1231(a)(2); and
c. Enforcing and implementing Section II of the Permanent Guidance (entitled “Civil Immigration Priorities”) (Doc. No. 4-1) to delay, continue, or stay the execution of a noncitizen’s final order of removal to the extent that no other provision in 8 U.S.C. § 1231, or any other provision of the U.S. Code, justifies the noncitizen’s continued presence in the United States beyond the period set forth in 8 U.S.C. § 1231(a).
d. This Order does not limit or restrain DHS from enforcing or implementing the Permanent Guidance in a manner not prohibited herein.
2. This Preliminary Injunction Order applies on a nationwide basis and in every place, territory, or jurisdiction where DHS has authority to enforce the Permanent Guidance.
3. This Order shall be effective pending a resolution of the merits of the States’ complaint unless, and until, further order from this Court, the U.S. Court of Appeals for the Sixth Circuit, or the United States Supreme Court states otherwise."