State of Texas v. USA, No. 22-40367 (5th Cir. 2022)Annotate this Case
The Department of Homeland Security (“DHS”) requested to stay the district court’s vacatur of a new immigration rule that radically reduces the federal government’s detention of those who are statutorily required to be removed post-haste. The district court determined that the rule conflicts with federal statutes, is arbitrary and capricious and that its promulgation was procedurally invalid.
The Fifth Circuit denied the motion for a stay, concluding that DHS failed to make a strong showing of the likelihood of success on appeal. The court distinguished the case-at-hand from a recent decision by the Sixth Circuit, authorizing a stay pending appeal, based on differing precedent and the benefit of a complete trial record.
DHS contended that the States lack standing to challenge the Final Memo because any purported injury is speculative, unsupported by the evidence, not fairly traceable to the Final Memo, and not redressable in federal court. The court wrote that the data show that the Final Memo “increases the number of aliens with criminal convictions and aliens with final orders of removal released into the United States,” and Texas has shown by a preponderance of the evidence that the cost of that reality has fallen on it and will continue to do so. Further, while DHS that the guidance in no way binds enforcement agents and their superiors, but “simply ensures that discretion is exercised in an informed way.” The court explained that as the district court stated, the record plainly belies that assertion.