Wednesday, January 27, 2021

ORDER GRANTING PLAINTIFF’S EMERGENCY APPLICATION FOR A TEMPORARY RESTRAINING ORDER 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

 

https://drive.google.com/file/d/1Ls7MyZ6d897lrywEZbuR9j9H4UUnAJtI/view?usp=sharing 
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 
Jury Demand: None 
Jurisdiction Type: U.S. Government Defendant

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