United States v. Texas

Emergency application for stay is denied on July 21, 2022.

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
22a17	5th Cir.	TBD	TBD	TBD	TBD	TBD

Issue: Whether the Supreme Court should stay a district court"s nationwide vacatur of the September 2021 guidance issued by the Secretary of Homeland Security in which he identified as priorities for apprehension and removal noncitizens who threaten national security, public safety, and border security.

SCOTUSblog Coverage

Divided court declines to reinstate Bidens immigration guidelines, sets case for argument this fall (Amy Howe, July 22, 2022)

Date	Proceedings and Orders (key to color coding)
07/08/2022	Application (22A17) for a stay, submitted to Justice Alito.
07/08/2022	Response to application (22A17) requested by Justice Alito, due 5 p.m. (EDT), July 13, 2022.
07/13/2022	Response to application from respondents Texas, et al. filed.
07/13/2022	Motion for leave to file amicus brief filed by Arizona, Alabama, Alaska, Arkansas, Florida, Georgia, Kansas, Kentucky, Indiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Utah, West Virginia, and Wyoming.
07/13/2022	Motion for leave to file amicus brief filed by Professor Stephen I. Vladeck.
07/13/2022	Motion for leave to file amicus brief filed by Immigration Reform Law Institute.
07/14/2022	Reply of applicants United States, et al. filed.
07/21/2022	Application (22A17) referred to the Court.
07/21/2022	Application (22A17) denied by the Court. The application for stay presented to Justice Alito and by him referred to the Court is denied. The Solicitor General suggested that the Court may want to construe the application as a petition for certiorari before judgment. Doing so, the petition is granted. The parties are directed to brief and argue the following questions: 1. Whether the state plaintiffs have Article III standing to challenge the Department of Homeland Security’s Guidelines for the Enforcement of Civil Immigration Law; 2. Whether the Guidelines are contrary to 8 U.S.C. §1226(c) or 8 U.S.C. §1231(a), or otherwise violate the Administrative Procedure Act; and 3. Whether 8 U.S.C. §1252(f)(1) prevents the entry of an order to “hold unlawful and set aside” the Guidelines under 5 U.S.C. §706(2). The case will be set for argument in the first week of the December 2022 argument session. Justice Sotomayor, Justice Kagan, Justice Barrett, and Justice Jackson would grant the application for stay.