Opinion
No. 21-10806
08-03-2022
State of TEXAS; State of Missouri, Plaintiffs—Appellees, v. Joseph R. BIDEN, Jr., in his official capacity as President of the United States of America; United States of America; Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security; United States Department of Homeland Security; Troy Miller, Acting Commissioner, U.S. Customs and Border Protection ; United States Customs and Border Protection ; Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement; United States Immigration and Customs Enforcement; Ur M. Jaddou, Director of U.S. Citizenship and Immigration Services ; United States Citizenship and Immigration Services, Defendants—Appellants.
Judd Edward Stone, II, Lanora Christine Pettit, Benjamin D. Wilson, Office of the Attorney General of Texas, Office of the Solicitor General, Austin, TX, William Thomas Thompson, Assistant General Counsel, Attorney General of Texas, Office of Special Litigation, Austin, TX, for Plaintiff-Appellee State of Texas. Dean John Sauer, Office of the Attorney General for the State of Missouri, Jefferson City, MO, Judd Edward Stone, II, Office of the Attorney General of Texas, Office of the Solicitor General, Austin, TX, Jesus Armando Osete, Office of the General Counsel, Secretary of State of Missouri, Jefferson City, MO, for Plaintiff-Appellee State of Missouri. Brian Christopher Ward, Trial Attorney, U.S. Department of Justice, Office of Immigration Litigation - District Court Section, Washington, DC, Joseph Anton Darrow, Esq., U.S. Department of Justice, Civil Division, Washington, DC, Erez Reuveni, Assistant Director, U.S. Department of Justice, Office of Immigration Litigation, Civil Division, Washington, DC, Brian Walters Stoltz, U.S. Attorney's Office, Northern District of Texas, Dallas, TX, for Defendants-Appellants. Cody Wofsy, American Civil Liberties Union Foundation, Immigrants' Rights Project, San Francisco, for Amici Curiae American Civil Liberties Union, American Civil Liberties Union of Texas. Blaine Bookey, UC Hastings College of the Law, Center for Gender & Refugee Studies, San Francisco, CA, for Amici Curiae Law School Clinics, Non-Profit Organizations, American Immigration Council, American Immigration Lawyers Association, Catholic Legal Immigration Network, Incorporated, Center for Gender & Refugee Studies, Human Rights First, Justice Action Center, National Immigration Law Center, Round Table of Former Immigration Judges, Southern Poverty Law Center. Matt A. Crapo, Immigration Reform Law Institute, Washington, DC, for Amicus Curiae Immigration Reform Law Institute. Thomas Molnar Fisher, Solicitor General, Office of the Attorney General for the State of Indiana, Indianapolis, IN, for Amici Curiae State of Indiana, State of Alabama, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Montana, State of Ohio, State of Oklahoma, State of South Carolina, State of West Virginia, State of Utah. Alan J. Stone, Milbank, L.L.P., New York, NY, for Amici Curiae Young Center for Immigrant Children's Rights, Kids in Need of Defense, Save The Children Federation, Incorporated, Save The Children Action Network, Angry Tias And Abuelas of the Rio Grande Valley, Center for The Human Rights of Children at Loyola University Chicago School of Law, First Focus on Children, Childrens Defense Fund.
Judd Edward Stone, II, Lanora Christine Pettit, Benjamin D. Wilson, Office of the Attorney General of Texas, Office of the Solicitor General, Austin, TX, William Thomas Thompson, Assistant General Counsel, Attorney General of Texas, Office of Special Litigation, Austin, TX, for Plaintiff-Appellee State of Texas.
Dean John Sauer, Office of the Attorney General for the State of Missouri, Jefferson City, MO, Judd Edward Stone, II, Office of the Attorney General of Texas, Office of the Solicitor General, Austin, TX, Jesus Armando Osete, Office of the General Counsel, Secretary of State of Missouri, Jefferson City, MO, for Plaintiff-Appellee State of Missouri.
Brian Christopher Ward, Trial Attorney, U.S. Department of Justice, Office of Immigration Litigation - District Court Section, Washington, DC, Joseph Anton Darrow, Esq., U.S. Department of Justice, Civil Division, Washington, DC, Erez Reuveni, Assistant Director, U.S. Department of Justice, Office of Immigration Litigation, Civil Division, Washington, DC, Brian Walters Stoltz, U.S. Attorney's Office, Northern District of Texas, Dallas, TX, for Defendants-Appellants.
Cody Wofsy, American Civil Liberties Union Foundation, Immigrants' Rights Project, San Francisco, for Amici Curiae American Civil Liberties Union, American Civil Liberties Union of Texas.
Blaine Bookey, UC Hastings College of the Law, Center for Gender & Refugee Studies, San Francisco, CA, for Amici Curiae Law School Clinics, Non-Profit Organizations, American Immigration Council, American Immigration Lawyers Association, Catholic Legal Immigration Network, Incorporated, Center for Gender & Refugee Studies, Human Rights First, Justice Action Center, National Immigration Law Center, Round Table of Former Immigration Judges, Southern Poverty Law Center.
Matt A. Crapo, Immigration Reform Law Institute, Washington, DC, for Amicus Curiae Immigration Reform Law Institute.
Thomas Molnar Fisher, Solicitor General, Office of the Attorney General for the State of Indiana, Indianapolis, IN, for Amici Curiae State of Indiana, State of Alabama, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Montana, State of Ohio, State of Oklahoma, State of South Carolina, State of West Virginia, State of Utah.
Alan J. Stone, Milbank, L.L.P., New York, NY, for Amici Curiae Young Center for Immigrant Children's Rights, Kids in Need of Defense, Save The Children Federation, Incorporated, Save The Children Action Network, Angry Tias And Abuelas of the Rio Grande Valley, Center for The Human Rights of Children at Loyola University Chicago School of Law, First Focus on Children, Childrens Defense Fund.
Before Barksdale, Engelhardt, and Oldham, Circuit Judges.
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
Per Curiam: This court's decision, found at 20 F.4th 928 (5th Cir. 2021), returns to us on remand from the Supreme Court. See Biden v. Texas , ––– U.S. ––––, 142 S. Ct. 2528, ––– L.Ed.2d –––– (2022). We REMAND for further proceedings consistent with the Supreme Court's decision.