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    Judge's Order in TRO Request

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    The document is a court order requiring an expedited response from the defendants in a case filed by Florida against DHS. Florida alleges that DHS plans to restart mass parole of migrants at the Southwest border. The order requires the defendants to respond to Florida's emergency motion for a temporary restraining order by 4:00 PM that day to prevent implementation of the new parole policy before a related Title 42 policy expires at midnight.

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    Judge's Order in TRO Request

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    The document is a court order requiring an expedited response from the defendants in a case filed by Florida against DHS. Florida alleges that DHS plans to restart mass parole of migrants at the Southwest border. The order requires the defendants to respond to Florida's emergency motion for a temporary restraining order by 4:00 PM that day to prevent implementation of the new parole policy before a related Title 42 policy expires at midnight.

    Original Description:

    Judge T. Kent Wetherell's order responding to the Florida TRO request.

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    Judge's order in TRO request

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    The document is a court order requiring an expedited response from the defendants in a case filed by Florida against DHS. Florida alleges that DHS plans to restart mass parole of migrants at the Southwest border. The order requires the defendants to respond to Florida's emergency motion for a temporary restraining order by 4:00 PM that day to prevent implementation of the new parole policy before a related Title 42 policy expires at midnight.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    589 views3 pages

    Judge's Order in TRO Request

    Uploaded by

    Fox News
    The document is a court order requiring an expedited response from the defendants in a case filed by Florida against DHS. Florida alleges that DHS plans to restart mass parole of migrants at the Southwest border. The order requires the defendants to respond to Florida's emergency motion for a temporary restraining order by 4:00 PM that day to prevent implementation of the new parole policy before a related Title 42 policy expires at midnight.

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    © All Rights Reserved
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    of 3

    Case 3:23-cv-09962-TKW-ZCB Document 3 Filed 05/11/23 Page 1 of 3

    UNITED STATES DISTRICT COURT


    NORTHERN DISTRICT OF FLORIDA
    PENSACOLA DIVISION

    STATE OF FLORIDA,

    Plaintiff,

    v. Case No. 3:23cv9962-TKW-ZCB

    ALEJANDRO MAYORKAS, et al.,

    Defendants.
    _________________________________/

    ORDER REQUIRING EXPEDITED RESPONSE

    Yesterday afternoon, Florida filed suit against DHS Secretary Mayorkas, U.S.

    Border Patrol Chief Ortiz, and the United States of America, alleging that “DHS

    plans to immediately restart the en masse parole of aliens at the Southwest Border.”

    Doc. 1 at 2 (¶6) (citing an NBC news article 1 quoting a DHS spokesperson’s

    summary of the plan). This morning, Florida filed an “emergency motion” (Doc. 2)

    asking the Court to enter a temporary restraining order (TRO) “preventing DHS from

    implementing the new parole policy or otherwise using [8 U.S.C.] §1182(d)(5) as a

    tool of operational convenience, to relieve overcrowding, or to facilitate faster

    processing at the Southwest border.”

    1
    Biden admin to allow for the release of some migrants into the U.S. with no way to track
    them, https://www.nbcnews.com/politics/biden-admin-plans-order-release-migrants-us-no-way-
    trackrcna83704 (May 10, 2023 8:44 a.m. CDT).
    Case 3:23-cv-09962-TKW-ZCB Document 3 Filed 05/11/23 Page 2 of 3

    The motion for a TRO needs to be resolved sooner rather than later because

    the policy challenged in the complaint allegedly will go into effect at 11:59 p.m.

    eastern time tonight when the Title 42 Order expires. If the allegations in the

    complaint and motion are true, then it appears that DHS is preparing to flout the

    Court’s order in Florida v. United States, -- F. Supp. 3d --, 2023 WL 2399883 (N.D.

    Fla. Mar. 8, 2023), by implementing a new “parole” policy that, based on the DHS

    spokesperson’s description of the policy, sounds virtually identical to the

    Parole+ATD policy the Court vacated in Florida.2 Specifically, like the vacated

    Parole+ATD policy, the objective of the new policy is to reduce overcrowding in

    border patrol facilities and the new policy will simply require aliens released under

    the policy “to check in with [ICE] and undergo removal proceedings in immigration

    court” and maybe “be placed into an Alternatives to Detention program to ensure

    compliance.” Doc. 2 at 2 (quoting article in which DHS spokesperson described the

    new policy).

    The motion does not meet the requirements in Fed. R. Civ. P. 65(b)(1) for a

    TRO without notice, and Florida is not seeking a TRO without notice because the

    motion reflects that it was mailed to Defendants and emailed to the attorneys who

    represented the defendants in Florida. The motion requests that Defendants be

    2
    DHS appealed the Order in Florida, but it waited until May 5, 2023 (the next to last
    business day of the 60-day appeal period) to do so and it did not seek a stay of the decision vacating
    the Parole+ATD policy.

    2
    Case 3:23-cv-09962-TKW-ZCB Document 3 Filed 05/11/23 Page 3 of 3

    ordered to respond by 4:00 p.m. eastern time so the Court can rule on the motion

    before the Title 42 Order expires at 11:59 p.m. eastern time. That request is

    reasonable under the circumstances, but to facilitate the response, the motion needs

    to be provided to the attorneys with whom Florida’s counsel has been

    communicating about the challenged policy—who are the same attorneys who

    represented DHS in Florida.

    Accordingly, it is ORDERED that:

    1. Florida shall email a copy of this Order on the attorneys who

    represented the defendants in Florida.

    2. Defendants shall have until 4:00 p.m. eastern time to respond to

    Florida’s emergency motion for a TRO. The response shall be e-filed through

    CM/ECF and emailed to [email protected].

    DONE and ORDERED this 11th day of May, 2023.

    _________________________________
    T. KENT WETHERELL, II
    UNITED STATES DISTRICT JUDGE

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