Case: State of Texas v. Mayorkas

6:23-cv-00001 | U.S. District Court for the Southern District of Texas

Filed Date: Jan. 5, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenges a Biden Administration Final Rule titled “Public Charge Ground of Inadmissibility" (the "Rule"), which altered the definition of aliens who are a “public charge” under the Welfare Reform Act. On January 5, 2023, the State of Texas filed a lawsuit against President Biden, the DHS and its Secretary, the U.S. Citizenship and Immigration Services (“USCIS”), and its Director. The lawsuit was filed in the United States District Court for the Southern District of Texas and assigne…

This case challenges a Biden Administration Final Rule titled “Public Charge Ground of Inadmissibility" (the "Rule"), which altered the definition of aliens who are a “public charge” under the Welfare Reform Act. On January 5, 2023, the State of Texas filed a lawsuit against President Biden, the DHS and its Secretary, the U.S. Citizenship and Immigration Services (“USCIS”), and its Director. The lawsuit was filed in the United States District Court for the Southern District of Texas and assigned to Judge Drew B. Tipton.

The Complaint stated that the Welfare Reform Act requires the Executive to consider an itemized list of factors when making “public charge” determinations and that the law automatically rendered most family-sponsored applicants inadmissible on public charge grounds unless they obtain an enforceable affidavit of support from a sponsor. The Complaint further argued that the Rule required aliens to be “primarily dependent” on cash public benefits to be considered a “public charge” while ignoring non-cash public benefits. The Complaint alleged that by focusing solely only on cash benefits, the Rule disregarded Congressional mandates requiring the Executive to consider an itemized list of factors when making a “public charge” determination, and that the Rule was designed to ensure that virtually no alien is ever found to be a “public charge.”

Specifically, the Plaintiffs claimed that the Rule violated the Administrative Procedures Act (APA) by attempting to redefine terms that Congress defined in statute. The Plaintiffs also argued that the Rule violated the APA as arbitrary and capricious and failed to observe procedures required by law. The Complaint requested that the court set aside the Rule, declare it invalid, and enjoin the Defendants from enforcing it.

On April 14, 2023, the Defendants filed a Motion to Dismiss the Complaint on jurisdictional grounds, arguing that the State of Texas failed to establish Article III standing because Texas’s alleged injury was speculative, and Texas has not demonstrated traceability or redressability. The Court denied the Motion to Dismiss on August 29, 2023, reasoning that the jurisdictional question would be better addressed at the Summary Judgment stage.

The State of Texas filed a Motion for Summary Judgment on September 8, 2023, and the Defendants filed a Cross Motion Opposing Summary Judgment on October 20, 2023. After almost a year of various extensions and amicus briefs, the court denied the Plaintiffs' Motion for Summary Judgment on September 30, 2024, reasoning that Texas lacked standing because the state had failed to show that an increase in aliens was imminent or had occurred. The Court granted the Defendants' Cross Motion and entered judgment for the Defendants. As Texas did not have standing, the Court did not address the merits of the case. 

On December 2, 2024, the State of Texas filed a notice of Appeal to the United States Fifth Circuit Court of Appeals, under docket number 24-40775. On February 14, 2025, both parties filed an unopposed Motion to Stay the case for ninety days to allow the Trump administration time to familiarize itself with the pending litigation. The State of Texas filed its Brief on February 20, 2025. On the same day, the case caption was updated to State of Texas v. Noem.

On February 25, 2025, the court granted the parties’ unopposed Motion to Stay Proceedings for ninety days. The case remains ongoing.

Summary Authors

Colton French (3/1/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/66702773/parties/state-of-texas-v-noem/


Attorney for Plaintiff

Eldred, Charles Kenneth (Texas)

Attorney for Defendant

Duke, Lance G (Texas)

Eiswerth, Christopher A. (Texas)

Expert/Monitor/Master/Other

D'Andrea, Gina (Texas)

Dubner, Jeffrey B. (Texas)

Documents in the Clearinghouse

Documents in this case
1

6:23-cv-00001

Original Complaint

Jan. 5, 2023

Jan. 5, 2023

Complaint
39

6:23-cv-00001

Memorandum Opinion and Order

Aug. 29, 2023

Aug. 29, 2023

Order/Opinion

2023 WL 5616184

70

6:23-cv-00001

Memorandum Opinion and Order

Sept. 30, 2024

Sept. 30, 2024

Order/Opinion

2024 WL 4355197

71

6:23-cv-00001

Final Judgment

Sept. 30, 2024

Sept. 30, 2024

Order/Opinion
80

6:23-cv-00001

USCA Letter

U.S. Court of Appeals for the Fifth Circuit

Feb. 20, 2025

Feb. 20, 2025

Other

Docket

See docket on RECAP: https://www.courtlistener.com/docket/66702773/state-of-texas-v-noem/

Last updated March 18, 2026, 5:31 a.m.

ECF Number Date Description Link
1 Jan. 5, 2023

COMPLAINT against All Defendants (Filing fee $ 402 receipt number ATXSDC-29280559) filed by STATE OF TEXAS. (Attachments: # 1 Civil Cover Sheet)(Stone, Johnathan) (Attachment 1 replaced with flattened PDF on 1/6/2023) (BrittanyBoniface, 6). (Entered: 01/05/2023)

1 Civil Cover Sheet

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2 Jan. 5, 2023

Request for Issuance of Summons as to All Defendants, filed. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons)(Stone, Johnathan) (Entered: 01/05/2023)

1 Summons

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Summons

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9 Summons

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10 Summons

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11 Summons

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12 Summons

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13 Summons

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14 Summons

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3 Jan. 6, 2023

Summons Issued as to Joseph R Biden, Jr, Alejandro Mayorkas, Ur Mendoza Jaddou, United States Citizenship and Immigration Services, United States Department of Homeland Security, U.S. Attorney and U.S. Attorney General. Issued summons returned to plaintiff by NEF, filed. (Attachments: # 1 U.S. Citizenship and Immigration Services, # 2 Joseph R. Biden Jr., # 3 Ur Jaddou, # 4 U.S. Department of Homeland Security)(BrittanyBoniface, 6) (Entered: 01/06/2023)

1 U.S. Citizenship and Immigration Services

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2 Joseph R. Biden Jr.

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3 Ur Jaddou

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4 U.S. Department of Homeland Security

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4 Jan. 9, 2023

Request for Issuance of Summons as to All Defendants, filed.(Stone, Johnathan) (Entered: 01/09/2023)

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5 Jan. 10, 2023

Summons Re-Issued as to All Defendants, U.S. Attorney and U.S. Attorney General. Issued summons returned to plaintiff by NEF, filed.(BrittanyBoniface, 6) (Entered: 01/10/2023)

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6 Jan. 10, 2023

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 4/3/2023 at 03:00 PM by video before Judge Drew B Tipton(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 01/10/2023)

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7 Jan. 11, 2023

NOTICE of Appearance by Ryan D. Walters on behalf of State of Texas, filed. (Walters, Ryan) (Entered: 01/11/2023)

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8 Jan. 11, 2023

NOTICE of Appearance by Charles K. Eldred on behalf of State of Texas, filed. (Eldred, Charles) (Entered: 01/11/2023)

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9 Feb. 24, 2023

RETURN of Service of SUMMONS Executed as to All Defendants, filed.(Stone, Johnathan) (Entered: 02/24/2023)

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10 March 13, 2023

MOTION for Alexander Sverdlov to Appear Pro Hac Vice by Joseph R Biden, Jr, Alejandro Mayorkas, Ur Mendoza Jaddou, United States Citizenship and Immigration Services, United States Department of Homeland Security, filed. Motion Docket Date 4/3/2023. (Sverdlov, Alexander) (Entered: 03/13/2023)

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11 March 14, 2023

Unopposed MOTION for Extension of Time respond to Complaint by Joseph R Biden, Jr, Alejandro Mayorkas, Ur Mendoza Jaddou, United States Citizenship and Immigration Services, United States Department of Homeland Security, filed. Motion Docket Date 4/4/2023. (Attachments: # 1 Proposed Order)(Sverdlov, Alexander) (Entered: 03/14/2023)

1 Proposed Order

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12 March 14, 2023

ORDER granting 11 Unopposed MOTION for Extension of Time to respond to Complaint. Defendants response due by 4/14/2023.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 03/14/2023)

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13 March 14, 2023

NOTICE of Resetting. Parties notified. Initial Conference reset for 4/24/2023 at 03:30 PM by video before Judge Drew B Tipton, filed. (KelliePapaioannou, 2) (Entered: 03/14/2023)

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14 March 14, 2023

ORDER granting 10 Motion for Alexander V. Sverdlov to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Drew B Tipton) Parties notified.(amireles, 2) (Entered: 03/14/2023)

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15 April 10, 2023

CERTIFICATE OF INTERESTED PARTIES by State of Texas, filed.(Stone, Johnathan) (Entered: 04/10/2023)

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16 April 10, 2023

Joint MOTION for Extension of Time case management plan and proposed scheduling order by State of Texas, filed. Motion Docket Date 5/1/2023. (Attachments: # 1 Proposed Order)(Stone, Johnathan) (Entered: 04/10/2023)

1 Proposed Order

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17 April 11, 2023

ORDER granting 16 Joint MOTION for Extension of Time case management plan and proposed scheduling order. Case Managment Plan and Proposed Scheduling Order due by 4/12/2023.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 04/11/2023)

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18 April 12, 2023

MOTION for Christopher A. Eiswerth to Appear Pro Hac Vice by Joseph R Biden, Jr, Alejandro Mayorkas, Ur Mendoza Jaddou, United States Citizenship and Immigration Services, United States Department of Homeland Security, filed. Motion Docket Date 5/3/2023. (Eiswerth, Christopher) (Entered: 04/12/2023)

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19 April 12, 2023

JOINT DISCOVERY/CASE MANAGEMENT PLAN by State of Texas, filed. (Attachments: # 1 Proposed Order)(Stone, Johnathan) (Entered: 04/12/2023)

1 Proposed Order

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20 April 13, 2023

NOTICE of Appearance by Lance Duke on behalf of Alejandro Mayorkas, filed. (Duke, Lance) (Entered: 04/13/2023)

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21 April 13, 2023

ORDER granting 18 Motion for Christopher A. Eiswerth to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 04/14/2023)

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22 April 14, 2023

MOTION to Dismiss 1 Complaint for Lack of Jurisdiction and Improper Venue by Joseph R Biden, Jr, Alejandro Mayorkas, Ur Mendoza Jaddou, United States Citizenship and Immigration Services, United States Department of Homeland Security, filed. Motion Docket Date 5/5/2023. (Attachments: # 1 Proposed Order)(Sverdlov, Alexander) (Entered: 04/14/2023)

1 Proposed Order

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23 April 24, 2023

SCHEDULING ORDER. Motion to Dismiss or Answer due by 4/14/2023. Responses to Motions to Dismiss due by 5/12/2023. Production of Administrative Record due by 5/19/2023. Replies to Responses to Motions to Dismiss due by 5/26/2023. Deadline to Seek Leave from the Court to Conduct Extra-Record Discovery due by 6/9/2023. Plaintiff's Dispositive Motions Deadline 6/30/2023. Defendant's Dispositive Motion and Opposition Deadline 7/28/2023. Plaintiff's Response in Opposition and Reply to Responses to Dispositive Motions due by 8/18/2023. Defendant's Reply to Response to Dispositive Motions due by 9/8/2023. (Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 04/24/2023)

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April 24, 2023

Scheduling Conference

April 24, 2023

Minute Entry for proceedings held before Judge Drew B Tipton. SCHEDULING CONFERENCE held on 4/24/2023. Status of cases and deadlines discussed. Scheduling Order to be entered. Appearances: Alexander V. Sverdlov, Christopher A. Eiswerth, Charles Kenneth Eldred, Johnathan Stone.(Digital # 3:41-3:57)(ERO:Nina Avila), filed.(KelliePapaioannou, 2)

24 May 12, 2023

MOTION for Gina M. D'Andrea to Appear Pro Hac Vice by Immigration Reform Law Institute, filed. Motion Docket Date 6/2/2023. (D'Andrea, Gina) (Entered: 05/12/2023)

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25 May 12, 2023

RESPONSE to 22 MOTION to Dismiss 1 Complaint for Lack of Jurisdiction and Improper Venue filed by State of Texas. (Attachments: # 1 Proposed Order)(Stone, Johnathan) (Entered: 05/12/2023)

1 Proposed Order

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26 May 15, 2023

ORDER granting 24 Motion for Gina M. D'Andrea to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Drew B Tipton) Parties notified.(RochelleLimon, 2) (Entered: 05/15/2023)

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27 May 19, 2023

ADMINISTRATIVE TRANSCRIPT/RECORD from DHS by Joseph R Biden, Jr, Alejandro Mayorkas, Ur Mendoza Jaddou, United States Citizenship and Immigration Services, United States Department of Homeland Security, filed. (Attachments: # 1 2021 Rule Certified Index, # 2 2022 Rule Certified Index)(Sverdlov, Alexander) (Entered: 05/19/2023)

1 2021 Rule Certified Index

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2 2022 Rule Certified Index

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28 May 22, 2023

Unopposed MOTION for Leave to File Brief of Amicus Curiae by Immigration Reform Law Institute, filed. Motion Docket Date 6/12/2023. (Attachments: # 1 Exhibit Proposed Amicus Curiae Brief)(D'Andrea, Gina) (Entered: 05/22/2023)

1 Exhibit Proposed Amicus Curiae Brief

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29 May 22, 2023

PROPOSED ORDER re: 28 Unopposed MOTION for Leave to File Brief of Amicus Curiae, filed.(D'Andrea, Gina) (Entered: 05/22/2023)

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30 May 22, 2023

ORDER Granting 28 Motion for Leave to File a Brief of Amicus Curiae.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 05/22/2023)

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31 May 22, 2023

BRIEF OF AMICUS CURIAE in Support of Plaintiff's 25 Response in Opposition to 22 Motion to Dismiss by Immigration Reform Law Institute, filed.(KelliePapaioannou, 2) (Entered: 05/22/2023)

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32 May 26, 2023

REPLY in Support of 22 MOTION to Dismiss 1 Complaint for Lack of Jurisdiction and Improper Venue, filed by Joseph R Biden, Jr, Alejandro Mayorkas, Ur Mendoza Jaddou, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Sverdlov, Alexander) (Entered: 05/26/2023)

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33 June 28, 2023

Joint MOTION to Amend 23 Scheduling Order,, by State of Texas, filed. Motion Docket Date 7/19/2023. (Attachments: # 1 Proposed Order)(Stone, Johnathan) (Entered: 06/28/2023)

1 Proposed Order

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34 June 29, 2023

AMENDED SCHEDULING ORDER Granting 33 Motion to Amend Scheduling Order.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 06/29/2023)

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35 July 14, 2023

Supplemental RESPONSE to 22 MOTION to Dismiss 1 Complaint for Lack of Jurisdiction and Improper Venue filed by State of Texas. (Stone, Johnathan) (Entered: 07/14/2023)

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36 July 14, 2023

Supplemental REPLY in Support of 22 MOTION to Dismiss 1 Complaint for Lack of Jurisdiction and Improper Venue, filed by Joseph R Biden, Jr, Alejandro Mayorkas, Ur Mendoza Jaddou, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Eiswerth, Christopher) (Entered: 07/14/2023)

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37 Aug. 23, 2023

Unopposed MOTION for Extension of Time of remaining Scheduling Order deadlines by State of Texas, filed. Motion Docket Date 9/13/2023. (Attachments: # 1 Proposed Order)(Stone, Johnathan) (Entered: 08/23/2023)

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38 Aug. 24, 2023

AMENDED SCHEDULING ORDER granting 37 Unopposed MOTION for Extension of Time of remaining Scheduling Order deadlines..(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 08/24/2023)

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39 Aug. 29, 2023

MEMORANDUM OPINION AND ORDER denying 22 MOTION to Dismiss 1 Complaint for Lack of Jurisdiction and Improper Venue.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 08/30/2023)

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40 Sept. 8, 2023

MOTION for Summary Judgment by State of Texas, filed. Motion Docket Date 9/29/2023. (Attachments: # 1 Appendix)(Stone, Johnathan) (Entered: 09/08/2023)

1 Appendix

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41 Sept. 29, 2023

Unopposed MOTION for Leave to File Brief of Amicus Curiae by Immigration Reform Law Institute, filed. Motion Docket Date 10/20/2023. (Attachments: # 1 Exhibit Proposed Brief)(D'Andrea, Gina) (Entered: 09/29/2023)

1 Exhibit Proposed Brief

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42 Oct. 2, 2023

Unopposed MOTION for Extension of Time for Remaining Scheduling Order Deadlines by Joseph R Biden, Jr, Alejandro Mayorkas, Ur Mendoza Jaddou, United States Citizenship and Immigration Services, United States Department of Homeland Security, filed. Motion Docket Date 10/23/2023. (Attachments: # 1 Proposed Order)(Eiswerth, Christopher) (Entered: 10/02/2023)

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43 Oct. 2, 2023

PROPOSED ORDER re: 41 Unopposed MOTION for Leave to File Brief of Amicus Curiae, filed.(D'Andrea, Gina) (Entered: 10/02/2023)

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44 Oct. 3, 2023

ORDER granting 41 Motion for Leave to File.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 10/03/2023)

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45 Oct. 3, 2023

IMMIGRATION REFORM LAW INSTITUTES BRIEF OF AMICUS CURIAE in Support re: 40 MOTION for Summary Judgment by Immigration Reform Law Institute, filed.(BrittanyBoniface, 6) (Entered: 10/03/2023)

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46 Oct. 5, 2023

ORDER granting 42 Unopposed MOTION for Extension of Time for Remaining Scheduling Order Deadlines. Defendants response and cross motion for summary judgment due by 10/20/2023. Texas combined response and reply due by 11/10/2023. Defendants reply due by 12/1/2023.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 10/05/2023)

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47 Oct. 20, 2023

Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment by Joseph R Biden, Jr, Alejandro Mayorkas, Ur Mendoza Jaddou, United States Citizenship and Immigration Services, United States Department of Homeland Security, filed. Motion Docket Date 11/13/2023. (Attachments: # 1 Proposed Order)(Sverdlov, Alexander) (Entered: 10/20/2023)

1 Proposed Order

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48 Oct. 24, 2023

MOTION to Appear Pro Hac Vice for Benjamin Seel (Fee Paid: $100, receipt number ATXSDC-30707303) by American Cancer Society, American Cancer Society Cancer Action Network, American Lung Association, CancerCare, Epilepsy Foundation, Hemophilia Federation of America, Leukemia & Lymphoma Society, Muscular Dystrophy Association, National Multiple Sclerosis Society, National Patient Advocate Foundation, Susan G. Komen, filed. Motion Docket Date 11/14/2023. (Seel, Benjamin) (Entered: 10/24/2023)

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49 Oct. 25, 2023

MOTION to Appear Pro Hac Vice for Jeffrey Dubner (Fee Paid: $100, receipt number ATXSDC-30711911) by American Cancer Society, American Cancer Society Cancer Action Network, American Lung Association, CancerCare, Epilepsy Foundation, Hemophilia Federation of America, Leukemia & Lymphoma Society, Muscular Dystrophy Association, National Multiple Sclerosis Society, National Patient Advocate Foundation, Susan G. Komen, filed. Motion Docket Date 11/15/2023. (Dubner, Jeffrey) (Entered: 10/25/2023)

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50 Oct. 25, 2023

MOTION to Appear Pro Hac Vice for Anna Rich (Fee Paid: $100, receipt number ATXSDC-30715113) by State of California, filed. Motion Docket Date 11/15/2023. (Rich, Anna) (Entered: 10/25/2023)

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51 Oct. 25, 2023

ORDER granting 49 Motion for Jeffrey Dubner to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 10/26/2023)

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52 Oct. 25, 2023

ORDER granting 48 Motion for Benjamin Seel to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 10/26/2023)

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53 Oct. 26, 2023

ORDER granting 50 Motion for Anna Rich to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 10/26/2023)

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54 Oct. 27, 2023

Unopposed MOTION for Leave to File Amicus Brief by American Cancer Society, American Cancer Society Cancer Action Network, American Lung Association, CancerCare, Epilepsy Foundation, Hemophilia Federation of America, Leukemia & Lymphoma Society, Muscular Dystrophy Association, National Multiple Sclerosis Society, National Patient Advocate Foundation, Susan G. Komen, filed. Motion Docket Date 11/17/2023. (Attachments: # 1 Proposed Amicus Brief, # 2 Proposed Order)(Seel, Benjamin) (Entered: 10/27/2023)

1 Proposed Amicus Brief

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2 Proposed Order

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55 Oct. 27, 2023

ORDER granting 54 Motion for Leave to File Brief as Amici Curiae..(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 10/27/2023)

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56 Oct. 27, 2023

BRIEF OF THE AMERICAN CANCER SOCIETY, AMERICAN CANCERSOCIETY CANCER ACTION NETWORK, AMERICAN LUNG ASSOCIATION,CANCERCARE, EPILEPSY FOUNDATION, HEMOPHILIA FEDERATION OFAMERICA, LEUKEMIA & LYMPHOMA SOCIETY, MUSCULAR DYSTROPHYASSOCIATION, NATIONAL MULTIPLE SCLEROSIS SOCIETY, NATIONALPATIENT ADVOCATE FOUNDATION, AND SUSAN G. KOMEN AS AMICI CURIAEIN SUPPORT OF 47 DEFENDANTS CROSS-MOTION FOR SUMMARY JUDGMENT, filed.(BrittanyBoniface, 6) (Entered: 10/27/2023)

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57 Oct. 27, 2023

Unopposed MOTION for Leave to File Brief for Amici Curiae States of California, New York, et al. by State of California, filed. Motion Docket Date 11/17/2023. (Attachments: # 1 Proposed Brief for Amici Curiae States, # 2 Proposed Order)(Rich, Anna) (Entered: 10/27/2023)

1 Proposed Brief for Amici Curiae States

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2 Proposed Order

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58 Oct. 30, 2023

ORDER granting 57 Motion for Leave to File.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 10/30/2023)

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59 Oct. 30, 2023

BRIEF In Opposition to Plaintiff's Motion for Summary Judgment and in Support of Defendants' Motion for Summary Judgment re: 47 Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment by State of California, filed.(Rich, Anna) (Entered: 10/30/2023)

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60 Nov. 8, 2023

Opposed MOTION to Strike 47 Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment and Unopposed Motion to Extend Word Limits by State of Texas, filed. Motion Docket Date 11/29/2023. (Attachments: # 1 Proposed Order)(Walters, Ryan) (Entered: 11/08/2023)

1 Proposed Order

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61 Nov. 10, 2023

Unopposed MOTION for Extension of Time for clarification of word limits, Unopposed MOTION to Withdraw 60 Opposed MOTION to Strike 47 Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment and Unopposed Motion to Extend Word Limits ( Motion Docket Date 12/1/2023.) by State of Texas, filed. (Attachments: # 1 Proposed Order)(Stone, Johnathan) (Entered: 11/10/2023)

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62 Nov. 10, 2023

ORDER granting 61 Unopposed MOTION for Extension of Time for clarification of word limits; Unopposed MOTION to Withdraw 60 Opposed MOTION to Strike.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 11/10/2023)

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63 Nov. 10, 2023

ORDER granting 60 Unopposed Motion to Extend Word Limits.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 11/10/2023)

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64 Nov. 17, 2023

REPLY in Support of 40 MOTION for Summary Judgment, filed by State of Texas. (Stone, Johnathan) (Entered: 11/17/2023)

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65 Dec. 1, 2023

Unopposed MOTION for Extension of Time file reply brief by Joseph R Biden, Jr, Alejandro Mayorkas, Ur Mendoza Jaddou, United States Citizenship and Immigration Services, United States Department of Homeland Security, filed. Motion Docket Date 12/22/2023. (Sverdlov, Alexander) (Entered: 12/01/2023)

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66 Dec. 1, 2023

ORDER granting 65 Unopposed MOTION for Extension of Time file reply brief. Defendant's Reply Brief due by 12/22/2023.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 12/01/2023)

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67 Dec. 8, 2023

NOTICE of Appearance by Jacob E. Przada on behalf of State of Texas, filed. (Przada, Jacob) (Entered: 12/08/2023)

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68 Dec. 22, 2023

REPLY in Support of 47 Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment, filed by Joseph R Biden, Jr, Alejandro Mayorkas, Ur Mendoza Jaddou, United States Citizenship and Immigration Services, United States Department of Homeland Security. (Attachments: # 1 Exhibit -- Admin Record Excerpt)(Eiswerth, Christopher) (Entered: 12/22/2023)

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69 April 17, 2024

STATUS REPORT by State of Texas, filed. (Stone, Johnathan) (Entered: 04/17/2024)

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70 Sept. 30, 2024

MEMORANDUM OPINION AND ORDER denying 40 Motion for Summary Judgment; granting in part and denying in part 47 Motion for Summary Judgment.(Signed by Judge Drew B Tipton) Parties notified. (kmp4)

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71 Sept. 30, 2024

FINAL JUDGMENT. Case terminated on 9/30/2024(Signed by Judge Drew B Tipton) Parties notified. (kmp4) (Entered: 09/30/2024)

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72 Dec. 2, 2024

NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: 71 Final Judgment by State of Texas (Filing fee $ 605, receipt number ATXSDC-32564788), filed. (Walters, Ryan) (Entered: 12/02/2024)

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73 Dec. 3, 2024

Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: 72 Notice of Appeal. Fee status: Paid. Reporter(s): ERO, filed. (Attachments: # 1 Notice of Appeal) (bnb6) (Entered: 12/03/2024)

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Dec. 3, 2024

Appeal Review Notes

Dec. 3, 2024

Appeal Review Notes re: 72 Notice of Appeal. Fee status: Paid. The appeal filing fee has been paid or an ifp motion has been granted.Hearings were held in the case. DKT13 transcript order form(s) due within 14 days of the filing of the notice of appeal. Number of DKT-13 Forms expected: 1, filed. (bnb6)

Dec. 5, 2024

Remark (*PUBLIC ENTRY)

Dec. 5, 2024

USCA Case Number

Dec. 5, 2024

Notice of Assignment of USCA No. 24-40775 re: 72 Notice of Appeal, filed. (bnb6)

Dec. 5, 2024

ROA requested from USCA, due on 12/20/24, filed. (bnb6)

74 Dec. 6, 2024

DKT13 TRANSCRIPT ORDER REQUEST by Plaintiff, State of Texas/Ryan Waltersn. Transcript is unnecessary for appeal purposes This order form relates to the following: 72 Notice of Appeal, filed. (Walters, Ryan) (Entered: 12/06/2024)

RECAP
Dec. 13, 2024

Transmittal of Appeal (FORM, noticing) - Civil

Dec. 13, 2024

Electronic Record on Appeal Certified

Dec. 13, 2024

Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: 72 Notice of Appeal USCA No. 24-40775, filed. (bnb6)

Dec. 13, 2024

Electronic Access to Record on Appeal Provided re: 72 Notice of Appeal to Joshua Dos Santos for Alejandro Mayorkas; Daniel Bentele Hahs Tenny for Alejandro Mayorkas, US Dept. of Homeland Security, Ur Jaddou, US Citizenship and Immigration Services, Joseph Biden Jr.; Ryan Walters for State of Texas. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 24-40775), filed. (bnb6)

Jan. 13, 2025

Transmittal of Appeal (FORM, noticing) - Civil

Jan. 13, 2025

Electronic Access to Record on Appeal Provided re: 72 Notice of Appeal to Lanora Perrit for Appellant State of Texas. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 24-40775), filed. (bnb6)

75 Jan. 17, 2025

Unopposed MOTION for Christopher A. Eiswerth to Withdraw as Attorney by Alejandro Mayorkas, United States Department of Homeland Security, Ur Mendoza Jaddou, United States Citizenship and Immigration Services, Joseph R Biden, Jr, filed. Motion Docket Date 2/7/2025. (Eiswerth, Christopher) (Entered: 01/17/2025)

RECAP
76 Jan. 24, 2025

ORDER granting 75 Motion to Withdraw as Attorney. Attorney Christopher A. Eiswerth terminated.(Signed by Judge Drew B Tipton) Parties notified. (rad6) (Entered: 01/24/2025)

RECAP
77 Feb. 3, 2025

MOTION to Appear Pro Hac Vice for James C. Luh (Fee Exempt) by Alejandro Mayorkas, United States Department of Homeland Security, Ur Mendoza Jaddou, United States Citizenship and Immigration Services, Joseph R Biden, Jr, filed. Motion Docket Date 2/24/2025. (Luh, James) (Entered: 02/03/2025)

RECAP
Feb. 3, 2025

Transmittal of Appeal (FORM, noticing) - Civil

Feb. 3, 2025

Electronic Access to Record on Appeal Provided re: 72 Notice of Appeal to Ryan Kercher and Zachary Rhines for State of Texas. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 24-40775), filed. (bnb6)

78 Feb. 4, 2025

ORDER granting 77 Motion for James C. Luh to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Drew B Tipton) Parties notified. (rad6) (Entered: 02/04/2025)

RECAP
79 Feb. 4, 2025

NOTICE of attorney substitution by Alejandro Mayorkas, United States Department of Homeland Security, Ur Mendoza Jaddou, United States Citizenship and Immigration Services, Joseph R Biden, Jr. Attorney James C. Luh added. Attorney Alexander V. Sverdlov terminated, filed. (Luh, James) (Entered: 02/04/2025)

RECAP
Feb. 12, 2025

Transmittal of Appeal (FORM, noticing) - Civil

Feb. 12, 2025

Electronic Access to Record on Appeal Provided re: 72 Notice of Appeal to William Francis Cole for party(s) Appellant State of Texas. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 24-40775), filed. (bnb6)

80 Feb. 19, 2025

Fifth Circuit Court of Appeals LETTER advising parties of the updated caption, to be used in all future filings, in light of the new Acting Director of U.S. Citizenship and Immigration Services (USCA No. 24-40775), filed. (bnb6) (Entered: 02/20/2025)

RECAP
81 Feb. 25, 2025

Order of USCA re: 72 Notice of Appeal ; USCA No. 24-40775. IT IS ORDERED that the joint motion of the parties to stay further proceedings in this matter for 90 days, or until May 27,2025, is hereby GRANTED., filed. (Attachments: # 1 USCA Letter) (bnb6) (Entered: 02/25/2025)

1 USCA Letter

View on RECAP

RECAP
82 Feb. 27, 2025

MOTION to Appear Pro Hac Vice for Sarah Rich (Fee Paid: $100, receipt number ATXSDC-32993850) by American Cancer Society, American Cancer Society Cancer Action Network, American Lung Association, CancerCare, Epilepsy Foundation, Hemophilia Federation of America, Leukemia & Lymphoma Society, Muscular Dystrophy Association, National Multiple Sclerosis Society, National Patient Advocate Foundation, Susan G. Komen, filed. Motion Docket Date 3/20/2025. (Rich, Sarah) (Entered: 02/27/2025)

RECAP

Case Details

State / Territory:

Texas

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Jan. 5, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff is the State of Texas.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

U.S. Citizenship and Immigration Services

U.S. Department of Homeland Security

United States of America

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Other Dockets:

Southern District of Texas 6:23-cv-00001

U.S. Court of Appeals for the Fifth Circuit 24-40775

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Immigration/Border:

Admission - criteria

Recommended Citation