United States District Court

Northern District of Texas

Amarillo Division 

STATE OF TEXAS,

Plaintiff,

v.

ALEJANDRO MAYORKAS, in his official 

capacity as Secretary of Homeland 

Security, et al., 

Defendants. 

Case 2:22-cv-00094

Texas’s Proposed Briefing Schedule

A. A proposed schedule.

The parties conferred and agreed that, should the Court not permit 

jurisdictional discovery before additional briefing, the administrative record 

should be due on June 3, the Defendants’ response to the preliminaryinjunction motion due on June 10, and Texas’s reply supporting the motion due 

on June 17. Texas further believes that the Court should hear the preliminaryinjunction motion as soon as practicable after the reply brief is filed.

B. Discovery is not required.

Texas does not believe jurisdictional discovery is necessary. While 

conferring, the Defendants indicated that they plan to seek discovery 

regarding whether an injury can be attributed to the release of an alien as a 

result of the Interim Final Rule. But as the Fifth Circuit has held, proving 

harm does not require Texas to “show[] it has [] issued [] licenses to immigrants 

who became eligible because of” the Defendants’ rule.” Texas v. Biden, 40 F.4th 

928, 971 (5th Cir. 2021). Indeed, 

There would always remain some possibility that any given

[releasee] would have been [released] even under [the current 

asylum rules]. [The Interim Final Rule] is precisely the sort of 

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Texas v. Mayorkas, No. 2:22-cv-00094 Page 2 of 3

Texas’s Proposed Briefing Schedule

large-scale policy that’s amenable to challenge using largescale statistics and figures, rather than highly specific 

individualized documents. And Texas’s standing is robustly 

supported by just such big-picture evidence. 

Id. (emphasis in original).

Texas in this case uses the same class of evidence that this Court and 

others have credited not just as sufficient to allege standing, but sufficient to 

demonstrate harm that warrants injunctive relief. See, e.g., Texas v. Biden, 554 

F. Supp. 818 (N.D. Tex.), affd., 20 F.4th 928 (5th Cir. 2021) (Migrant Protection 

Protocols); Texas v. United States, 86 F. Supp. 3d 591 (S.D. Tex.), affd., 809 

F.3d 134 (5th Cir. 2015) (DAPA); Texas v. United States, 555 F. Supp.3d 351 

(S.D. Tex. 2021), dismd. as moot, 2022 WL 517281 (5th Cir. Feb. 11, 2022). 

That evidence was sufficient then, and it is sufficient now—as the Fifth Circuit 

made clear in rejecting the Defendants’ arguments to the contrary a few 

months ago. 20 F.4th at 971.

C. A backup schedule.

Should the Court order jurisdictional discovery, it should require the 

parties serving that discovery to do so by June 3 with responses due by June 

14. The Defendants’ opposition to the preliminary-injunction motion should 

then be due on June 21, with Texas’s reply due on June 28 and the Court’s 

determination to follow as soon after that as is practicable.

D. Conclusion.

Texas respectfully requests that the Court deny jurisdictional discovery 

and set the schedule laid out in Section A. In the alternative, it respectfully 

requests that the Court set the schedule laid out in Section C. Texas further 

requests all other relief to which it may be entitled.

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Texas v. Mayorkas, No. 2:22-cv-00094 Page 3 of 3 

Texas’s Proposed Briefing Schedule

Dated May 27, 2022. Respectfully submitted,

KEN PAXTON

Attorney General of Texas

BRENT WEBSTER

First Assistant Attorney General 

OFFICE OF THE ATTORNEY GENERAL

P.O. Box 12548

Austin, Texas 78711-2548

(512) 936-1700

AARON F. REITZ

Lead Counsel

Deputy Attorney General for Legal Strategy

Texas Bar No. 24105704

aaron.reitz@oag.texas.gov

/s/ Leif A. Olson 

LEIF A. OLSON

Special Counsel

Texas Bar No. 24032801

leif.olson@oag.texas.gov

GENE P. HAMILTON

America First Legal Foundation

300 Independence Avenue SE

Washington, DC 20003

(202) 964-3721

gene.hamilton@aflegal.org 

Counsel for the State of Texas

Certificate of Service

I certify that on May 27, 2022, this proposed briefing schedule was filed 

through the Court’s CM/ECF system, which served it upon all counsel of 

record.

/s/Leif A. Olson 

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