Professional Documents
Culture Documents
24 - States' Motion For TRO
24 - States' Motion For TRO
PLAINTIFFS,
DEFENDANTS.
The States of Arizona, Louisiana, Missouri, Alabama, Alaska, Arkansas, Florida, Georgia,
Idaho, Kansas, Kentucky, Mississippi, Montana, Nebraska, Ohio, Oklahoma, South Carolina,
Tennessee, Utah, West Virginia, and Wyoming (collectively, “Plaintiff States”), respectfully move for
a temporary restraining order under Federal Rule of Civil Procedure 65, with expedited response
consideration, in their favor against the named Defendants. As explained in the attached
Memorandum, Defendants have started shifting to Title 8 removal in advance of the publicly
announced May 23, 2022, date in the Title 42 Termination Order, which itself violated the
Administrative Procedure Act and is the subject of this litigation. This Motion is made on the grounds
specified herein, the Complaint and other documents on file, the accompanying Memorandum of
Law, the St. John Declaration and the exhibits attached thereto, all matters of which this Court may
take judicial notice, and such other argument and evidence on which the Court may properly rely.
1
Case 6:22-cv-00885-RRS-CBW Document 24 Filed 04/21/22 Page 2 of 6 PageID #: 1725
Plaintiff States are substantially likely to prevail on the merits of their claims and temporary
injunctive relief is necessary to maintain the status quo and avoid substantial injuries to Plaintiff States’
sovereign, quasi-sovereign, and proprietary interests. The public interest and balance of harms favor
an order compelling Defendants to follow the law and their own announced policies. For the
foregoing reasons, Plaintiff States respectfully request a temporary restraining order, without bond,
enjoining Defendants from applying the Termination Order and requiring them to comply with the
Title 42 Order until such time as the Title 42 Order is amended or revoked in compliance with the
conduct by Defendants, this Court should order DHS to report on its activities on an expedited basis
so that the States can consider whether additional relief is appropriate to seek. To that end, the Plaintiff
States request that this Court enter an order requiring DHS to submit a declaration under oath by
Sunday, April 24, at 5pm CST, explaining what actions (if any) they have taken to implement the Title
42 Termination, either formally or that de facto have similar effect, that includes specified information
Plaintiff States have conferred with counsel for Defendants and informed them of this motion.
Defendants stated that they intend to file a response to this motion. To avoid irreparable harm,
Plaintiff States request that Defendants be ordered to respond to this motion no later than
A proposed order is attached. Counsel for the State of Louisiana is available at 225-485-2458;
2
Case 6:22-cv-00885-RRS-CBW Document 24 Filed 04/21/22 Page 3 of 6 PageID #: 1726
3
Case 6:22-cv-00885-RRS-CBW Document 24 Filed 04/21/22 Page 4 of 6 PageID #: 1727
4
Case 6:22-cv-00885-RRS-CBW Document 24 Filed 04/21/22 Page 5 of 6 PageID #: 1728
ALAN WILSON
JOHN M. O’CONNOR South Carolina Attorney General
Attorney General of Oklahoma THOMAS T. HYDRICK*
BRYAN CLEVELAND* Assistant Deputy Solicitor General
Deputy Solicitor General Post Office Box 11549
OKLAHOMA ATTORNEY GENERAL’S Columbia, SC 29211
OFFICE (803) 734-4127
313 NE 21st Street [email protected]
Oklahoma City, OK 73105
Phone: (405) 521-3921 Counsel for the State of South Carolina
5
Case 6:22-cv-00885-RRS-CBW Document 24 Filed 04/21/22 Page 6 of 6 PageID #: 1729