We’re using this beta version as a template for a public-facing microsite coming early next year that will include digestible language decoding each lawsuit and tangible ways users can take action. We want to decode these legal moves so that everyone in our movement has the information necessary to engage in smart, creative advocacy to counter them—whether they have a law degree or not.
 
As a complement to this tracker, we’re also launching a bi-weekly newsletter that will include the latest updates on cases, such as the one below.


October 28 Newsletter
 
Big News:
 
Two weeks ago, in a late-night court filing, the Biden administration divulged that they intended to bring back Remain in Mexico (also known as MPP) as early as mid-November. This news comes despite earlier accounts that the administration was formulating a new memo to terminate the program. We have yet to see that new memo.
 
The administration has indicated that they must restart Remain in Mexico to remain in compliance with federal court rulings, but leading legal experts have explained why this is not the case.
 
Advocates and legal service providers expressed outrage at the news, joining in solidarity with border advocates and walking out of a meeting with DHS officials on Saturday, Oct. 16. The Biden administration faces additional hurdles as major legal provider groups have announced they will no longer assist the Biden administration in processing cases under a resumed Remain in Mexico.

 
What We’re Watching:
 
Texas will have a big day in court over Remain in Mexico on Nov. 2, where they’ll argue their case before the Fifth Circuit Court of Appeals. Given the Biden Administration’s mixed messaging on MPP and border issues, we’ll be interested to see how the administration argues its case.
 
On Title 42, there’s some interesting behind-the-scenes maneuvering that brings the real motivations behind Texas’s hateful lawsuit into stark relief: The Biden administration is attempting to recuse (or remove from the litigation) former Trump appointee Gene Hamilton, now with Stephen Miller’s America First Legal. This should serve to all of us as a reminder that the Trump anti-immigrant agenda is alive and well; it simply has moved to the courtroom, and out of the White House.
 
In their quest to get rid of the employer vaccine mandate, the Attorney General of Arizona has relied on the sorry old move of blaming undocumented immigrants. Arizona has amended its complaint and is now seeking a temporary restraining order to block Biden from implementing a rule mandating COVID-19 vaccines for federal employees and contractors. Arizona doesn’t appear to be backing down on its efforts: In a recent filing, they’ve added numerous new claims to their case.
 
Our next litigation tracker installment should come in mid-November. In the meantime, please send tips, questions, and suggestions to tasha.moro@justiceactioncenter.org.
 
Best,
Karen