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Immigration Law

Court Enjoins Civil Immigration Enforcement Priorities Memos

TX v. US, Aug. 19, 2021

"[T]he Court GRANTS the States’ Motion for Preliminary Injunction. (Dkt. No. 18). Therefore, it is hereby ORDERED that:
1. Defendants and 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 enforcing and
implementing the policies described in:
a. Section B of the January 20 Memorandum entitled “Interim Civil
Enforcement Guidelines.” (Dkt. No. 1-1 at 3–4);
b. The section entitled “Civil Immigration Enforcement and Removal
Priorities” in the February 18 Memorandum. (Dkt. No. 1-2 at 4–6);
and c. The section entitled “Enforcement and Removal Actions: Approval,
Coordination, and Data Collection” in the February 18
Memorandum.62 (Dkt. No. 1-2 at 6–8).
2. This Preliminary Injunction is granted on a nationwide basis and prohibits
enforcement and implementation in every place the Government has
jurisdiction to enforce and implement the January 20 and February 18
Memoranda.
3. This Preliminary Injunction shall remain in effect pending a final resolution
of the merits of this case or until a further Order from this Court, the United
States Court of Appeals for the Fifth Circuit, or the United States Supreme
Court.
To ensure compliance with this Preliminary Injunction, the Court further
ORDERS the following:
1. By September 3, 2021, the Government must file with the Court the legal
standard it is abiding by with respect to the detention of aliens covered by
or subject to 8 U.S.C. § 1226(c)(1)(A)–(D) given the Court’s injunction of the
Memoranda at issue in this lawsuit. The information should state with
specificity what guidance, protocols, or standards control the detention of
these aliens in light of the fact that the Memoranda have been enjoined.

2. By September 3, 2021, the Government must file with the Court the legal
standard it is abiding by with respect to the detention of aliens covered by
or subject to 8 U.S.C. § 1231(a)(2) given the Court’s injunction of the
Memoranda at issue in this lawsuit. The information should state with
specificity what guidance, protocols, or standards control the detention of
aliens in light of the fact that the Memoranda have been enjoined.
3. Starting in September 2021, the Government must file with the Court on the
5th day of each month a report stating the number of aliens known to the
Government, who are covered by or subject to 8 U.S.C. § 1226(c)(1)(A)–(D),
who were released from custody during the previous month, and whom
ICE did not detain immediately upon their release.

or address and the offense for which the alien had been incarcerated.
Additionally, for each alien not detained, the Government shall make and
retain a contemporaneous record of the reason why the alien was not
detained and the individual who made that specific determination.
4. Starting in September 2021, the Government must file with the Court on the
5th day of each month a report stating the number of aliens in their removal
period as defined in 8 U.S.C. § 1231(a)(1). Of those, provide the number
who were not detained pursuant to 8 U.S.C. § 1231(a)(2).
For each of these aliens not detained, provide under seal the alien’s last
known residence or address.
Additionally, for each alien not detained, the Government shall make a
contemporaneous record of the reason why the alien was not detained and
the individual who made that specific determination."