Subsequent Trump and Court Action(s)

• September 4, 2020

  ORDER RE PLAINTIFFS’ MOTION TO ENFORCE SETTLEMENT AS TO “TITLE 42” CLASS MEMBERS

  Federal judge orders Trump administration to stop detaining children and families in hotels pending expulsion under Title 42.

  **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

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• September 11, 2020

  ORR Declaration

  Declaration of Deputy Chief of ORR Jallyn Sualog, submitted in Flores v. Barr litigation, confirms DHS use of private hotels to detain children and families pending expulsion under Title 42.

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• September 11, 2020

  Declaration of Raul L. Ortiz

  Declaration of Deputy Border Patrol Chief Raul Ortiz, submitted in Flores v. Barr litigation,
  confirms DHS use of private hotels to detain children and families pending expulsion under Title 42.

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• October 4, 2020

  Denial of Motion to Stay

  The Ninth Circuit denies the government’s motion to stay the district court's order pending appeal.

  **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

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• June 30, 2021

  2021.06.30 Flores v. Garland

  The Ninth Circuit upheld the district court's order enjoining DHS from "detaining certain minors in hotels for more than a few days in the process of expelling them from the country."

  **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

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• September 16, 2021

  2021.09.16 Huisha-Huisha v. Mayorkas, No. 21-100(EGS) (D.D.C., September 16, 2021).

  On September 16, 2021, Judge Emmet Sullivan issued a preliminary injunction to prevent U.S. border officials from using Title 42 to expel families with young children seeking asylum.

  **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

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• March 4, 2022

  2022.03.04 Huisha Huisha v. Mayorkas 21-5200 (CADC March 4, 2022)

  On March 4, 2022, the DC Circuit issued a decision in Huisha-Huisha v. Mayorkas, upholding in part the district court's September 2021 preliminary injunction. This decision impacts asylum seekers affected by Title 42, including accompanied children. The DC Circuit held that, though "[i]t is likely that [Title 42] grants the Executive sweeping authority to prohibit aliens from entering the United States during a public-health emergency[, and] that the Executive may expel aliens who violate such a prohibition," the government may not expel noncitizens "to countries where their 'life or freedom would be threatened on account of their 'race, religion, nationality, membership in a particular social group, or political opinion' or where they will likely face torture." The court remanded for implementation of these withholding and Convention Against Torture standards, and assessment of the plaintiff's Administrative Procedure Act arbitrary and capricious claim.

  **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

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• May 18, 2023

  2023.05.18 Arizona v. Mayorkas, 598 U.S. ____ (2023)

  In April 2022, the CDC issued an order terminating the Title 42 policy, but a group of States sued to block termination of the policy, claiming that the CDC had not solicited public comments before terminating it. The ACLU and its co-counsel responded by challenging the policy as a violation of the APA. On November 15, 2022, the D.C. District Court held the policy unlawful because it was arbitrary and capricious, and rejected subsequent State intervention as did the Court of Appeals.

  The States then sought relief from the Supreme Court. In December 2022, the Court temporarily blocked the district's court's order and granted review regarding the States' right to intervene in the case. After the Biden administration clarified that the expiring public health emergency was the basis for the Title 42 policy, however, the Court took the case off its argument calendar.

  Title 42 expired on May 11, 2023. On May 18, 2023, the Supreme Court remanded the case to the D.C. Circuit Court with instructions to dismiss the States' motion to intervene as moot.

  **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

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• September 7, 2023

  2023.09.07 Huisha-Huisha v. Mayorkas, No. 22-5325, Order Granting Motion to Vacate and Remand

  On September 7, 2023, following the expiration of Title 42 on May 11, 2023, the D.C. Circuit in Huisha-Huisha v. Mayorkas granted a motion to vacate the district court's judgment and remand with instructions to dismiss the case as moot.

  **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

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