COMPLAINT FOR DECLARATORY RELIEF, UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Mark Brnovich, in his official capacity as Attorney General of Arizona, and the State of Arizona, Plaintiffs, v. Joseph R. Biden in his official capacity as President of the United States; Alejandro Mayorkas in his official capacity as Secretary of Homeland Security; United States Department of Homeland Security; Troy Miller in his official capacity as Senior Official Performing the Duties of the Commissioner of U.S. Customs and Border Protection; Tae Johnson in his official capacity as Senior Official Performing the Duties of Director of U.S. Immigration and Customs Enforcement. Defendants.

 

 

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UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
Mark Brnovich, in his official capacity as Attorney General of Arizona, and the State of Arizona, Plaintiffs,
v.
Joseph R. Biden in his official capacity as President of the United States; Alejandro Mayorkas in his official capacity as Secretary of Homeland Security; United States Department of Homeland Security; Troy Miller in his official capacity as Senior Official Performing the Duties of the Commissioner of U.S. Customs and Border Protection; Tae Johnson in his official capacity as Senior Official Performing the Duties of Director of U.S. Immigration and Customs Enforcement. Defendants.
COMPLAINT FOR DECLARATORY RELIEF

CLAIM FOR RELIEF

Unconstitutional Preference For Unauthorized Aliens Over U.S. Citizens Regarding COVID-19 Vaccine Requirements
(Asserted Under the Equal Protection Clause of the Fourteenth Amendment, As Incorporated Against the Federal Government Under the Fifth Amendment)

PRAYER FOR RELIEF

Plaintiffs respectfully request that this Court enter judgment:

A. Declaring unconstitutional, pursuant to 28 U.S.C. § 2201, Defendants’ differential COVID-19 vaccination policies regarding (1) unauthorized aliens and (2) U.S. citizens/lawful permanent residents, including by declaring that Defendants do not have authority to impose the vaccination mandate on U.S. citizens and lawful permanent residents, let alone discriminate against them as compared to unauthorized aliens;

B. Enjoining Defendants from engaging in unconstitutional discrimination against U.S. citizens, lawful permanent residents, and lawfully present aliens, and specifically enjoining Defendants from imposing on U.S. citizens, lawful permanent residents, and lawfully present aliens any COVID-19 vaccination policies different from those imposed on unauthorized aliens already present in the United States and on aliens illegally entering the United States; 

C. Awarding Plaintiffs costs of litigation, including reasonable attorneys’ fees, under the Equal Access to Justice Act, 28 U.S.C. § 2412; and

D. Granting any and all other such relief as the Court finds appropriate.

RESPECTFULLY SUBMITTED this 14th of September, 2021.

MARK BRNOVICH
ATTORNEY GENERAL

REFERENCE:
Attorney General Mark Brnovich Joins 24-State Coalition Demanding President Biden Drop Vaccine Mandate
Thursday, September 16, 2021

PHOENIX – Arizona Attorney General Mark Brnovich and 23 other attorneys general sent a letter to President Biden today, warning that further litigation will follow the implementation of his unconstitutional COVID-19 vaccine mandate on federal and private sector employees. The coalition of attorneys general outlined their legal and policy concerns with the mandate, which will be carried out by Occupational Safety and Health Administration (OSHA) through Emergency Temporary Standards.

“President Biden’s vaccine mandate lacks both legal authority and integrity,” said Arizona Attorney General Mark Brnovich. “I am proud to stand alongside my colleagues to push back on this assault on state sovereignty and the liberties of Americans.”

AG Coalition Letter.