Case: Texas v. Walensky
6:22-cv-00013 | U.S. District Court for the Southern District of Texas
Filed Date: April 22, 2022
Case Ongoing
Clearinghouse coding complete
Case Summary
This lawsuit challenged a Biden Administration order which implemented a wind-down of the Title 42 policy. This policy was put in place during the COVID-19 pandemic to prevent migrants from crossing the border and being placed into detention centers, which could increase the spread of COVID-19. Throughout the COVID pandemic, the Title 42 process was used instead of the Title 8 process to process migrants at the border. However, on April 1, 2022, the Center for Disease Control and Prevention (CDC) entered an order terminating Title 42 as of May 23, 2022 (Termination Order). The CDC's director stated that "there was no longer a serious danger that the entry of covered noncitizens [would] result in the introduction, transmission, and spread of COVID-19."
As a result, on April 22, 2022, Texas filed this lawsuit in the U.S. District Court for the Southern District of Texas under 5 U.S.C. §§ 702-703 and 28 U.S.C. §§ 2201-2202. Texas sued the CDC and its Director, the Secretary of Health and Human Services, the U.S. Department of Homeland Security and its Secretary, U.S. Immigration and Customs Enforcement and its Acting Director, and U.S. Customs and Border Protection and its Commissioner. Texas alleged that the Termination Order violated the Administrative Procedure Act because the defendants did not conduct the statutorily required notice and comment process and because the Termination Order was arbitrary and capricious. Texas requested injunctive and declaratory relief, as well as attorney's fees. The case was assigned to Judge Drew B. Tipton.
Simultaneous with the complaint, Texas filed a motion for preliminary injunction. They argued the Termination Order was not promulgated with the required notice-and-comment period and that the defendant's decision to terminate Title 42 was unreasoned, as it was inconsistent with other COVIVD-19 orders, and because the defendants did not consider all relevant factors. Texas requested the court postpone or preliminary enjoin the implementation of the Termination Order; they also requested the court expedite consideration of the motion and enter a decision before the Termination Order went into effect on May 23, 2022.
On April 24, Texas filed a motion for temporary restraining order and expedited discovery. They argued that the defendants had already started implementing the Termination Order in advance of the May 23 effective date and, resting largely on the reasoning in the preliminary injunction motion, requested the court to enter emergency relief requiring the defendants to continue enforcing Title 42 as it was used prior to the Termination Order being issued.
On April 28, the defendants provided notice that a judge in another case, Arizona v. CDC, had entered a temporary restraining order enjoining them from implementing the Termination Order early. The case is still ongoing.
Summary Authors
Caitlin Kierum (5/2/2022)
People
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63256884/parties/state-of-texas-v-walensky/
Crapo, Matt A (Texas)
Hajec, Christopher J (Texas)
Hilton, Christopher D. (Texas)
Hu, Daniel David (Texas)
Kossak, Jonathan D (Texas)
Documents in the Clearinghouse
Docket
See docket on RECAP: https://www.courtlistener.com/docket/63256884/state-of-texas-v-walensky/
Last updated April 16, 2026, 5:13 a.m.
Case Details
State / Territory:
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: April 22, 2022
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Texas
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Defendant Type(s):
Case Details
Causes of Action:
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
Other Dockets:
Southern District of Texas 6:22-cv-00013
Available Documents:
Outcome
Prevailing Party: None Yet / None
Relief Granted:
Source of Relief:
Case Summary of Texas v. Walensky, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/43312/ (last updated 5/2/2022).