COMPLAINT FOR DECLARATORY RELIEF AND PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS, FORT WORTH DIVISION STATE OF TEXAS, Plaintiff, v. JOSEPH R. BIDEN, JR., in his official capacity as President of the United States; UNITED STATES OF AMERICA; U.S. DEP’T OF HEALTH & HUMAN SERVICES; CENTERS FOR DISEASE CONTROL & PREVENTION; U.S. DEP’T OF HOMELAND SECURITY; U.S. CUSTOMS & BORDER PROTECTION; U.S. IMMIGRATION & CUSTOMS ENFORCEMENT; XAVIER BECERRA, Secretary, U.S. Dep’t of Health and Human Services, in his official capacity; ROCHELLE WALENSKY, Director, Centers for Disease Control & Prevention, in her official capacity; ALEJANDRO MAYORKAS, Secretary, U.S. Dep’t of Homeland Security, in his official capacity; TROY MILLER, Senior Official Performing the Duties of the Commissioner, U.S. Customs & Border Protection, in his official capacity; TAE JOHNSON, Acting Director, U.S. Immigration & Customs Enforcement, in his official capacity, Defendants.

 

https://drive.google.com/file/d/1WE6gEzU6_xkqpKETQnCTHxPlLRflJ5Zs/view?usp=sharing 

COMPLAINT FOR DECLARATORY RELIEF AND PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS,
FORT WORTH DIVISION

STATE OF TEXAS, Plaintiff,

v. 

JOSEPH R. BIDEN, JR., in his official capacity as President of the United States; UNITED STATES OF AMERICA; U.S. DEP’T OF HEALTH & HUMAN SERVICES; CENTERS FOR DISEASE CONTROL & PREVENTION; U.S. DEP’T OF HOMELAND SECURITY; U.S. CUSTOMS & BORDER PROTECTION; U.S. IMMIGRATION & CUSTOMS ENFORCEMENT; XAVIER BECERRA, Secretary, U.S. Dep’t of Health and Human Services, in his official capacity; ROCHELLE WALENSKY, Director, Centers for Disease Control & Prevention, in her official capacity; ALEJANDRO MAYORKAS, Secretary, U.S. Dep’t of Homeland Security, in his official capacity; TROY MILLER, Senior Official Performing the Duties of the Commissioner, U.S. Customs & Border Protection, in his official capacity; TAE JOHNSON, Acting Director, U.S. Immigration & Customs Enforcement, in his official capacity, Defendants. 

Civil Action No. 4:21-cv-00579 

CLAIMS

COUNT I 

Arbitrary and Capricious Agency Action: Lack of Reasoned Decision-Making 

COUNT II 

Arbitrary and Capricious Agency Action: Failure to Consider State Reliance Interests 

COUNT III 

Arbitrary and Capricious Agency Action: Failure to Consider Alternative Approaches 

COUNT IV 

Arbitrary and Capricious Agency Action: No Stated Basis for Agency Action

COUNT V 

Lack of Notice-and-Comment Rulemaking 

COUNT VI 

Failure to Follow Agency Rules 

COUNT VII 

Failure to Detain Aliens under 8 U.S.C. § 1222(a) 

COUNT VIII 

Violation of the Take Care Clause

PRAYER FOR RELIEF

For these reasons, Texas asks this Court to: 

a. Hold unlawful and set aside the CDC’s February Order promulgated at 86 Fed. Reg. 9,942 (Feb. 17, 2021);

b. Issue nationwide preliminary and permanent injunctive relief enjoining Defendants from enforcing the February Order promulgated at 86 Fed. Reg. 9,942 (Feb. 17, 2021), and order Defendants to continue to apply the rules in place on January 19, 2021 to all covered aliens until Defendants amend such rules pursuant to the APA’s notice-and-comment rulemaking and 30-day-notice requirements or pursuant to a lawful exception from those requirements;

c. Declare that Defendants have a nondiscretionary duty under the APA and the Take Care Clause either to (i) return all covered aliens to Mexico under Title 42 or (ii) detain and quarantine under 8 U.S.C. § 1222(a) all aliens who could carry a communicable disease of public health significance for at least fourteen days before releasing them into the United States;

d. Issue nationwide preliminary and permanent injunctive relief under the APA and the Take Care Clause enjoining Defendants from not applying Title 42 to all covered aliens until Defendants amend such rules pursuant to the APA;

e. Issue nationwide preliminary and permanent injunctive relief under the APA and the Take Care Clause enjoining Defendants from failing to detain, quarantine, and test under 8 U.S.C. § 1222(a) all aliens arriving who could carry a communicable disease of public health significance before releasing them into the United States;

f. Award Texas the costs of this action and reasonable attorney’s fees; and g. Award such other and further relief as the Court deems equitable and just.

Respectfully submitted on April 22, 2021,