The border crisis has become a significant factor driving numerous lawsuits against the Biden administration, as various states, organizations, and individuals challenge the federal government’s immigration policies and enforcement practices. These legal actions stem from concerns about how the administration manages border security, immigration enforcement, and the treatment of migrants, particularly undocumented immigrants and unaccompanied children.
One major source of litigation involves allegations that Border Patrol agents have engaged in unconstitutional practices during immigration enforcement operations. For example, a class action lawsuit filed in early 2025 challenges “Operation Return to Sender,” an enforcement sweep conducted far from the border in California. Plaintiffs claim that agents detained and arrested people of color based on their appearance as farm workers or day laborers without probable cause or warrants, violating Fourth and Fifth Amendment rights. They also allege coerced “voluntary departure” agreements without proper legal counsel or due process protections. This case highlights concerns about racial profiling, unlawful arrests, and denial of legal rights during immigration enforcement actions.
At the state level, some Republican-led states have aggressively sued the Biden administration over its immigration policies, accusing it of failing to secure the border and enforce immigration laws. Florida, under former Attorney General Ashley Moody and Governor Ron DeSantis, filed lawsuits targeting the administration’s parole policies that allowed undocumented immigrants to be released from detention after crossing the border. These lawsuits framed the administration’s approach as too lenient and harmful to state interests. Although some legal battles have been resolved or dismissed following changes in federal immigration policies under subsequent administrations, the litigation reflects ongoing political and legal disputes over border management.
Similarly, Oklahoma enacted state laws aimed at addressing illegal immigration consequences locally, such as House Bill 4156, which sought to complement federal immigration law by penalizing those who entered or reentered the country unlawfully. The Biden administration initially sued to block this law, but the Trump administration later dropped the lawsuit, and the state has continued to fight to enforce its immigration measures with support from multiple state attorneys general and the Department of Justice under Trump’s leadership. This illustrates how the border crisis has spurred states to take independent legal action when they perceive federal enforcement as inadequate.
The treatment and oversight of unaccompanied alien children (UACs) released into the U.S. have also been a focal point of legal and policy scrutiny. Former Border Patrol officials and child welfare advocates have criticized the Office of Refugee Resettlement’s sponsorship system for prioritizing rapid placement over child safety, with relaxed vetting procedures and delayed legal
