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United States v. Texas

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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

DateProceedings and Orders (key to color coding)
Jul 08 2022Application (22A17) for a stay, submitted to Justice Alito.
Jul 08 2022Response to application (22A17) requested by Justice Alito, due 5 p.m. (EDT), July 13, 2022.
Jul 13 2022Response to application from respondents Texas, et al. filed.
Jul 13 2022Motion 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.
Jul 13 2022Motion for leave to file amicus brief filed by Professor Stephen I. Vladeck.
Jul 13 2022Motion for leave to file amicus brief filed by Immigration Reform Law Institute.
Jul 14 2022Reply of applicants United States, et al. filed.
Jul 21 2022Application (22A17) referred to the Court.
Jul 21 2022Application (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.