COMPLAINT: IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION SHERIFF BRAD COE in his official capacity and KINNEY COUNTY, TEXAS; SHERIFF J.W. GUTHRIE in official capacity and EDWARDS COUNTY, TEXAS; SHERIFF EMMETT SHELTON in his official capacity and MCMULLEN COUNTY, TEXAS; SHERIFF ARVIN WEST in his official capacity and HUDSPETH COUNTY, TEXAS; THE FEDERAL POLICE FOUNDATION, ICE OFFICERS DIVISION, Plaintiffs, v. JOSEPH R. BIDEN, JR., President, in his official capacity; THE UNITED STATES OF AMERICA; ALEJANDRO MAYORKAS, Secretary of Homeland Security, in his official capacity; U.S. DEPARTMENT OF HOMELAND SECURITY; TAE JOHNSON, Acting Director of U.S. Immigration and Customs Enforcement, in his official Capacity; IMMIGRATION AND CUSTOMS ENFORCEMENT; TROY MILLER, Senior Official Performing the Duties of Commissioner of U.S. Customs and Border Protection, in his official capacity; U.S. CUSTOMS AND BORDER PROTECTION, Defendants.

 

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
SHERIFF BRAD COE in his official capacity and KINNEY COUNTY, TEXAS; SHERIFF J.W. GUTHRIE in official capacity and EDWARDS COUNTY, TEXAS; SHERIFF EMMETT SHELTON in his official capacity and MCMULLEN COUNTY, TEXAS; SHERIFF ARVIN WEST in his official capacity and HUDSPETH COUNTY, TEXAS; THE FEDERAL POLICE FOUNDATION, ICE OFFICERS DIVISION, Plaintiffs,

v.

JOSEPH R. BIDEN, JR., President, in his official capacity; THE UNITED STATES OF AMERICA; ALEJANDRO MAYORKAS, Secretary of Homeland Security, in his official capacity; U.S. DEPARTMENT OF HOMELAND SECURITY; TAE JOHNSON, Acting Director of U.S. Immigration and Customs Enforcement, in his official Capacity; IMMIGRATION AND CUSTOMS ENFORCEMENT; TROY MILLER, Senior Official Performing the Duties of Commissioner of U.S. Customs and Border Protection, in his official capacity; U.S. CUSTOMS AND BORDER PROTECTION, Defendants.

Civil Action No.

3:21-CV-00168

COMPLAINT

FIRST CAUSE OF ACTION

THE FEBRUARY 18 MEMORANDUM VIOLATES 8 U.S.C. § 1225(b)(2)(A) WHICH REQUIRES THE DETENTION AND INITIATION OF REMOVAL OF ILLEGAL ALIENS ENCOUNTERED BY IMMIGRATION OFFICERS

SECOND CAUSE OF ACTION

THE FEBRUARY 18 MEMORANDUM VIOLATES 8 U.S.C. § 1226(c)

WHICH MAKES THE DETENTION OF CERTAIN ILLEGAL ALIENS MANDATORY

THIRD CAUSE OF ACTION

THE FEBRUARY 18 MEMORANDUM VIOLATES 8 U.S.C. § 1231(a) WHICH MAKES THE REMOVAL OF CERTAIN ILLEGAL ALIENS MANDATORY

FOURTH CAUSE OF ACTION

THE FEBRUARY 18 MEMORANDUM VIOLATES THE ADMINISTRATIVE PROCEDURE ACT

FIFTH CAUSE OF ACTION

THE FEBRUARY 18 MEMORANDUM VIOLATES THE ARTICLE II, SECTION 3, CONSTITUTIONAL OBLIGATION OF THE EXECUTIVE TO TAKE CARE THAT THE LAWS ARE FAITHFULLY EXECUTED 

PRAYER FOR RELIEF

Wherefore, Plaintiffs respectfully request that the Court:

A. Declare pursuant to 28 U.S.C. §§ 2201 and 2202 and 5 U.S.C. § 706(2)(B) that the February 18 Memorandum (or any materially similar successor memorandum) is unlawful and in violation of 8 U.S.C. § 1225(b)(2)(A), 8 U.S.C. § 1226(c), and 8 U.S.C. § 1231(a) and vacate the Memorandum.

B. Declare pursuant to 28 U.S.C. §§ 2201 and 2202 and 5 U.S.C. § 706(2)(D) that the February 18 Memorandum (or any materially similar successor memorandum) is unlawful and in violation of the Administrative Procedure Act as a rule promulgated without conforming to the procedure described therein and vacate the Memorandum;

C. Declare pursuant to 28 U.S.C. §§ 2201 and 2202 and 5 U.S.C. § 706(2)(B) that the February 18 Memorandum (or any materially similar successor memorandum) is unlawful and in violation of Article II of the Constitution of the United States as in excess of executive authority and vacate the Memorandum;

D. Preliminarily enjoin and permanently enjoin Defendants and their subordinate officers, employees, and agents from implementing or enforcing the February 18 Memorandum;

E. Preliminarily enjoin and permanently enjoin Defendants and their subordinate officers, employees, and agents from implementing or enforcing any successor Memorandum or policy that substantially conforms to the February 18 Memorandum;

F. Preliminarily enjoin and permanently enjoin Defendants and their subordinate officers, employees, and agents to fully comply with their statutory obligations to take enforcement actions against certain aliens, including taking custody of, detaining, and removing illegal aliens as mandated by 8 U.S.C. § 1225(b)(2)(A), 8 U.S.C. § 1226(c), and 8 U.S.C. § 1231(a).

G. Preliminarily enjoin and permanently enjoin Defendants and subordinate officers, employees, and agents to take custody of all criminal illegal aliens whose detention is required by law and who are presented to them pursuant to a “287(g) agreement,” regardless of the crime of which the illegal aliens were convicted.

H. Preliminarily enjoin and permanently enjoin Defendants and subordinate officers, employees, and agents to take custody of all illegal aliens whose detention or removal is required by 8 U.S.C. § 1225(b)(2)(A), 8 U.S.C. § 1226(c), or 8 U.S.C. § 1231(a), and who have been arrested by local law enforcement agencies for the commission of state crimes, when such local law enforcement agencies seek to transfer custody of such aliens to ICE.

I. Direct Defendants to pay all costs associated with this lawsuit; and

J. Grant such other and further relief as this Court deems equitable, just, and proper.

Dated: July 1, 2021.