COMPLAINT: IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS VICTORIA DIVISION STATE OF TEXAS; STATE OF LOUISIANA, Plaintiffs, v. The UNITED STATES OF AMERICA; ALEJANDRO MAYORKAS, 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; U.S. CITIZENSHIP AND IMMIGRATION SERVICES, Defendants.

 

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
VICTORIA DIVISION

STATE OF TEXAS; STATE OF LOUISIANA, Plaintiffs, 

v. 

The UNITED STATES OF AMERICA; ALEJANDRO MAYORKAS, 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; U.S. CITIZENSHIP AND IMMIGRATION SERVICES, Defendants. 

COMPLAINT 

Date: April 6, 2021 

COMPLAINT

The Biden Administration is refusing to take custody of criminal aliens despite federal statutes requiring it to do so. Instead, Defendants have issued and implemented unlawful agency memoranda that allow criminal aliens already convicted of felony offenses to roam free in the United States. Such aliens belong in federal custody, as Congress required.

COUNT I Failure to Take Custody of Inadmissible or Deportable Illegal Aliens in Violation of 8 U.S.C. § 1226(c)

COUNT II Failure to Take Custody of Illegal Aliens Subject to Final Orders of Removal in Violation of 8 U.S.C. § 1231(a)(2)

COUNT III Arbitrary and Capricious Agency Action COUNT IV Failure to Follow the Requirements of Notice-and-Comment Rulemaking

COUNT V Failure to Provide Notice to and Consult with Texas and Louisiana pursuant to the Agreements

COUNT VI Failure to Take Care that the Laws be Faithfully Executed

DEMAND FOR JUDGMENT

Wherefore, Plaintiffs request that the Court: 

a. Hold unlawful and set aside Section B (“Interim Civil Enforcement Guidelines”) of the January 20 Memorandum and the February 18 Memorandum; 

b. Declare that Section B of the January 20 Memorandum and the February 18 Memorandum are unlawful; 

c. Issue preliminary and permanent injunctive relief enjoining Defendants from enforcing or implementing Section B of the January 20 Memorandum and the February 18 Memorandum; 

d. Compel Defendants to take custody of criminal aliens as required by statute; 

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

Date: April 6, 2021 

REFERENCE:

KEN PAXTON 

ATTORNEY GENERAL of TEXAS 

April 06, 2021 | Press Release | Immigration 

Biden Administration’s Failure to Take Custody of Criminal Aliens Endangers Texans, Americans