Minor Friday Update: East Bay IV Will Remain Mothballed Until After 2024 Presidential Elections, In the USDC, ND CA...

While the Biden Administration has reworked almost all the rules that were in issue under the prior administration's lawless detention of minors in isolation from their families (and refusals to provide soap, toothbrushes and bedding, of all things), DHS has still never formally rescinded the rules which have been found by multiple courts to violate both international treaties, and US federal law.

So the East Bay plaintiffs want to just place the litigation called East Bay IV on hold, rather than dismiss it entirely -- should the unthinkable happen. And the court has agreed -- entering the below order, overnight:

. . .Defendants’ position is that, because the 2024 Final Rule has gone into effect and entirely replaced the 2020 Final Rule, this case is now moot, notwithstanding the ongoing litigation in Moody and Civitas. . . .

Among other things, Plaintiffs have not received the full relief available, such as a permanent injunction of the 2020 Final Rule, which DHS has not yet rescinded. See 89 Fed. Reg. 6194, 6248 (Jan. 31, 2024) (DHS citing existence of preliminary injunctions as grounds for not rescinding the rule as part of its 2024 rulemaking).

Nevertheless, the parties have conferred and agree that, to conserve the parties’ and the Court’s resources, this case should continue to be held in abeyance until November 15, 2024. This period of time will allow for further discussions between the parties on how to resolve this case and potentially for further developments in Moody and Civitas.

The parties jointly request that the Court continue to hold this case and all proceedings in abeyance, and that the parties be permitted to file a joint status report by November 15, 2024. . . .

Now you know. Onward.

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