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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
VICTORIA DIVISION
STATE OF TEXAS, Plaintiff,
v.
The UNITED STATES OF AMERICA; DAVID PEKOSKE, Acting Secretary of The United States Department of Homeland Security, in his official capacity; UNITED STATES DEPARTMENT OF HOMELAND SECURITY; TROY MILLER, Senior Official Performing the Duties of the Commissioner of U.S. Customs and Border Protection, in his official capacity; U.S. CUSTOMS AND BORDER PROTECTION; TAE JOHNSON, Acting Director of U.S. Immigration and Customs Enforcement, in his official capacity; U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT; TRACY RENAUD, Senior Official Performing the Duties of the Director of the U.S. Citizenship And Immigration Services, in her official capacity; and U.S. CITIZENSHIP AND IMMIGRATION SERVICES
Civil Action No. 6:21-cv-00003
ORDER GRANTING PLAINTIFF’S EMERGENCY APPLICATION FOR A TEMPORARY RESTRAINING ORDER
CONCLUSION
For the foregoing reasons, the Court GRANTS Texas’s Emergency Application. (Dkt. No. 2). Therefore, it is hereby ORDERED that:
1. Defendants and all their respective officers, agents, servants, employees, attorneys, and other persons who are in active concert or participation with them are hereby ENJOINED and RESTRAINED from enforcing and implementing the policies described in the January 20 Memorandum in Section C entitled “Immediate 100-Day Pause on Removals.”7 (Dkt. No. 2-2 at 4–5).
2. This TRO is granted on a nationwide basis and prohibits enforcement and implementation of the policies described in the January 20 Memorandum in Section C entitled “Immediate 100-Day Pause on Removals” in every place Defendants have jurisdiction to enforce and implement the January 20 Memorandum.
3. No security bond is required under Federal Rule of Civil Procedure 65(c).
4. Finally, the Court ORDERS the parties to propose a briefing schedule no later than Thursday, January 28, 2021 at 12:00 p.m. with respect Texas’s Request for Preliminary Injunction in its Complaint. The parties should also address whether expedited discovery is necessary and the contours and scheduling for same. The Court will promptly schedule a hearing on the Motion for Preliminary Injunction, if requested and necessary.
It is SO ORDERED.
SIGNED this January 26, 2021.
DREW B. TIPTON
UNITED STATES DISTRICT JUDGE
REFERENCE:
District Court, S.D. Texas
Last Updated: Jan. 27, 2021, 3:57 p.m. CST
Assigned To: Drew B. Tipton
Date Filed: Jan. 22, 2021
Date of Last Known Filing: Jan. 26, 2021
Nature of Suit: 899 Other
Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Jury Demand: None
Jurisdiction Type: U.S. Government Defendant
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