FACTS:  

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. 

LEGAL THEORY:  

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. 

STATUS:  

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

Court

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