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STATE OF ARIZONA; STATE OF MONTANA; STATE OF
OHIO,
Plaintiffs-Appellees,
v.
JOSEPH R. BIDEN, in his official capacity as President
of the United States; UNITED STATES DEPARTMENT OF
HOMELAND SECURITY; UNITED STATES OF AMERICA;
ALEJANDRO MAYORKAS, in his official capacity as
Secretary of Department of Homeland Security; CHRIS
MAGNUS, in his official capacity as Commissioner of
United States Customs and Border Protection; TAE D.
JOHNSON, in his official capacity as Acting Director of
United States Immigration and Customs Enforcement;
UR JADDOU, in her official capacity as Director of U.S.
Citizenship and Immigration Services,
Defendants-Appellants. |
No. 22-3272 |
Appeal from the United States District Court for the Southern District of Ohio at Dayton.
No. 3:21-cv-00314—Michael J. Newman, District Judge.
Argued: June 10, 2022
Decided and Filed: July 5, 2022
Before: SUTTON, Chief Judge; MOORE and COLE, Circuit Judges.
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OPINION
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SUTTON, Chief Judge. In September 2021, the Secretary of Homeland Security issued a
memorandum to his deputies outlining the Department’s immigration enforcement priorities and
policies. Arizona, Montana, and Ohio filed this lawsuit in the Southern District of Ohio to enjoin
its implementation. The district court issued a “nationwide preliminary injunction,” applicable to
all 50 States, blocking the Department from relying on the priorities and policies in the
memorandum in making certain arrest, detention, and removal decisions. Our court granted the
National Government’s request for a stay pending appeal and ordered expedited briefing and
argument. We now reverse the district court’s grant of preliminary injunctive relief. |
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