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Immigration Law

Tipton Preliminary Injunction: Texas v. USA

Texas v. USA

"The State of Texas moves for a preliminary injunction to enjoin the United States (the “Government”)1 from executing a 100-day pause on the removal of aliens already subject to a final Order of Removal. (Dkt. No. 62). The 100-day pause was set into motion through a recent Memorandum of the Department of Homeland Security on January 20, 2021 (the “January 20 Memorandum”). (Dkt. No. 2-2). The Government and the Intervenors oppose Texas’s Motion for a Preliminary Injunction (“Motion”). (Dkt. Nos. 82, 83). Having considered the pleadings on this issue, the record, and the applicable law, the Court finds that Texas has satisfied the requirements for a preliminary injunction. Accordingly, Texas’s Motion is GRANTED. ... 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 the January 20 Memorandum in Section C entitled “Immediate 100- Day Pause on Removals.” (Dkt. No. 2-2 at 4–5). 2. This preliminary injunction is granted on a nationwide basis and prohibits enforcement and implementation of the policies described in the January 20 Memorandum in Section C entitled “Immediate 100-Day Pause on Removals” in every place Defendants have jurisdiction to enforce and implement the January 20 Memorandum. 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 This Order does not prohibit the Government from carrying out or adhering to the January 20 Memorandum’s other sections, entitled “A. Comprehensive Review of Enforcement Policies and Priorities,” “B. Interim Civil Enforcement Guidelines,” or “D. No Private Right Statement.” "