Huisha-Huisha v. Mayorkas
What's at Stake
Under Title 42, the federal government invoked the COVID pandemic to bar migrants from entering the country without an opportunity to seek asylum. The Trump administration originally invoked Title 42, but it was continued by the Biden administration. This suit challenged the legality of barring refugees from asylum based on Title 42.
Summary
In March 2020, during the early days of the COVID-19 pandemic, the Trump administration established the 鈥淭itle 42鈥 policy, invoking a provision found in Title 42 of the United States Code for public health emergencies. The policy barred noncitizens seeking asylum in the United States, no matter how strong their entitlement to asylum. High-ranking officials at the Centers for Disease Control and Prevention (CDC) objected that there was no public health justification for this extreme step, but anti-immigrant White House officials including Stephen Miller pressured CDC to issue the policy.
On behalf of a class of noncitizen families facing expulsion, the 桃子视频, Texas Civil Rights Project, RAICES, Center for Gender & Refugee Studies, Oxfam, 桃子视频of Texas, and 桃子视频of the District of Columbia sued. The Biden administration maintained the ban. Plaintiffs obtained a court order blocking the expulsion of families in September 2021, on the grounds that the Title 42 statute did not authorize expulsions. The D.C. Circuit Court of Appeals put that order on hold, and then, on March 4, 2022, affirmed it in part and reversed it in part. The Circuit concluded that the statute likely authorizes deportations, but not to countries where a noncitizen will be persecuted or tortured. The court observed that the policy appeared to be 鈥渁 relic from an era with no vaccines, scarce testing, few therapeutics, and little certainty.鈥
In April 2022, the CDC issued an order terminating the Title 42 policy, explaining that there was no longer any public health justification for it. A group of States sued in Louisiana, however, and blocked the termination of the Title 42 policy on the ground that CDC had not elicited comments from the public before terminating the policy. The 桃子视频and its cocounsel returned to court to challenge the policy again, this time as a violation of the Administrative Procedure Act. On November 15, 2022, the D.C. District Court held the policy unlawful because it was arbitrary and capricious. The policy was scheduled to end on December 21.
After that order was issued, a group of states sought to intervene in the D.C. litigation and block the court鈥檚 order. On December 16, 2023, the D.C. Circuit rejected that effort, citing the 鈥渋nordinate and unexplained untimeliness of the States鈥 motion鈥 to intervene.
The States sought relief from the Supreme Court. On December 27, 2022, the Court temporarily blocked the district court鈥檚 order, and granted review of the question whether the States should be allowed to intervene in the case. After the Biden administration announced that the public health emergency that was the ostensible basis for the Title 42 policy would end in May, the Court took the case off the argument calendar.
Legal Documents
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08/11/2021
Second Declaration of Ming Cheung -
08/11/2021
Supplemental Declaration of Former CDC Officials -
08/11/2021
Declaration of 32 Medical and Public Health Experts -
08/11/2021
Declaration of Aaron Reichlin-Melnick -
08/11/2021
Declaration of Alan E. Valdez Jurez -
08/11/2021
Declaration of Astrid Dominguez -
08/11/2021
Declaration of Cecilia Menjvar, Ph.D. -
08/11/2021
Declaration of Chelsea Sachau -
08/11/2021
Declaration of Edgar Ramrez Lpez -
08/11/2021
Declaration of Erika Pinheiro -
08/11/2021
Declaration of Jennifer K. Harbury -
08/11/2021
Declaration of Julia Neusner -
08/11/2021
Declaration of Kate Clark -
08/11/2021
Declaration of Linda Rivas -
08/11/2021
Declaration of Luis Alberto Lizarraga Tolentino -
08/11/2021
Declaration of Marisa Limn Garza -
08/11/2021
Declaration of Samuel Thomas Bishop -
08/11/2021
Declaration of Mdecins Sans Frontires Medical Coordinator in Mexico -
08/11/2021
Declaration of Savitri Arvey -
08/11/2021
Declaration of Taylor Levy -
08/11/2021
Declaration of Teresa Cavendish -
08/11/2021
Exhibit Index of Exhibits -
08/20/2021
Reply in Support of Motions for Classwide Preliminary Injunction and Class Certification -
08/20/2021
Text of Proposed Order
Date Filed: 08/11/2021
Court: District Court (D. Colo.)
Date Filed: 08/11/2021
Court: District Court (D. Colo.)
Date Filed: 08/11/2021
Court: District Court (D. Colo.)
Date Filed: 08/11/2021
Court: District Court (D. Colo.)
Date Filed: 08/11/2021
Court: District Court (D. Colo.)
Date Filed: 08/11/2021
Court: District Court (D. Colo.)
Date Filed: 08/11/2021
Court: District Court (D. Colo.)
Date Filed: 08/11/2021
Court: District Court (D. Colo.)
Date Filed: 08/11/2021
Court: District Court (D. Colo.)
Date Filed: 08/11/2021
Court: District Court (D. Colo.)
Date Filed: 08/11/2021
Court: District Court (D. Colo.)
Date Filed: 08/11/2021
Court: District Court (D. Colo.)
Date Filed: 08/11/2021
Court: District Court (D. Colo.)
Date Filed: 08/11/2021
Court: District Court (D. Colo.)
Date Filed: 08/11/2021
Court: District Court (D. Colo.)
Date Filed: 08/11/2021
Court: District Court (D. Colo.)
Date Filed: 08/11/2021
Court: District Court (D. Colo.)
Date Filed: 08/11/2021
Court: District Court (D. Colo.)
Date Filed: 08/11/2021
Court: District Court (D. Colo.)
Date Filed: 08/11/2021
Court: District Court (D. Colo.)
Date Filed: 08/11/2021
Court: District Court (D. Colo.)
Date Filed: 08/11/2021
Court: District Court (D. Colo.)
Date Filed: 08/20/2021
Court: District Court (D. Colo.)
Date Filed: 08/20/2021
Court: District Court (D. Colo.)
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03/04/2022
Huisha-Huisha v. Mayorkas: Appeals Court Decision
Date Filed: 03/04/2022
Court: Appeals Court (D.C. Cir.)
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12/19/2022
States鈥 Application For A Stay Pending Certiorari -
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12/20/2022
ACLU's Opposition to Application for a Stay
Huisha-Huisha v. MayorkasLegal DocumentsACLU's Opposition to Application for a StayDate Filed: 12/20/2022
Court: Supreme Court
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12/20/2022
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12/21/2022
States' Reply in Support of a Stay
Date Filed: 12/19/2022
Court: Supreme Court
Date Filed: 12/21/2022
Court: Supreme Court
Press Releases
Immigrants鈥 Rights Organizations Respond to Federal Court Victory Blocking the Government From Expelling Families to Danger Under Title 42
Immigrants鈥 Rights Advocates Argue In Court Against Title 42 Expulsions
桃子视频Comment on Federal Appeals Court Ruling in Title 42 Challenge