Under Title 42, the federal government invoked the COVID pandemic to bar migrants from entering the country without an opportunity to seek asylum. The Trump administration originally invoked Title 42, but it was continued by the Biden administration. This suit challenged the legality of barring refugees from asylum based on Title 42.

The American Civil Liberties Union, along with the ACLU of Florida, Southern Poverty Law Center, and Zuckerman Spaeder LLP, filed a federal lawsuit on Jan. 20, 2022, on behalf of Neville Brooks, a legal permanent resident from Jamaica who was detained by the Marion County Sheriff’s Office (MCSO) on false suspicion of being in the U.S. unlawfully.

Texas and other states are challenging ICE’s enforcement priorities, which direct agents to focus their arrests and deportations on immigrants with particular immigration law violations, such as those with criminal convictions. The Court will decide whether the states can bring these types of challenges, and if so, whether ICE’s priorities are legal.

Each day, the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) lock up thousands of immigrants across the United States in detention centers as they await adjudication of their civil immigration proceedings. The outcome of those proceedings is often life and death. Yet ICE has implemented policies that make it extremely difficult—and in many cases impossible—for people in immigration detention to access their attorneys.