The Biden administration issued new guidance that would require ICE to review an immigrant’s entire criminal and administrative record and assess the totality of the circumstances before it could issue a removal order.   The State of Arizona filed a lawsuit challenging this guidance on the ground that the US President lacked authority to issue it. 


The US President has discretion over immigration enforcement, which in this case would permit him to require a more compassionate, case-by-case approach to immigration enforcement. 


We filed our amicus brief in the US District Court for the Southern District of Ohio on December 27, 2021.  Oral argument took place February 16, and we expect a ruling soon.

Date filed

December 27, 2021


U.S. District Court for the Southern District of Ohio