Case: State of Texas v. United States

1:14-cv-00254 | U.S. District Court for the Southern District of Texas

Filed Date: Dec. 3, 2014

Closed Date: Sept. 12, 2017

Clearinghouse coding complete

Case Summary

On Dec. 3, 2014, in the U.S. District Court for the Southern District of Texas, fourteen states (South Dakota, Louisiana, Alabama, Texas, West Virginia, Kansas, Georgia, Nebraska, Utah, Wisconsin, Montana, Idaho, South Carolina, and Indiana) and four governors (of Mississippi, Maine, North Carolina, and Idaho) sued the U.S. government for violations of the Administrative Procedure Act (APA) and the Take Care Clause of the U.S. Constitution, seeking injunctive and declaratory relief. The origina…

On Dec. 3, 2014, in the U.S. District Court for the Southern District of Texas, fourteen states (South Dakota, Louisiana, Alabama, Texas, West Virginia, Kansas, Georgia, Nebraska, Utah, Wisconsin, Montana, Idaho, South Carolina, and Indiana) and four governors (of Mississippi, Maine, North Carolina, and Idaho) sued the U.S. government for violations of the Administrative Procedure Act (APA) and the Take Care Clause of the U.S. Constitution, seeking injunctive and declaratory relief. The original plaintiffs were later joined in the suit by Arizona, Arkansas, Florida, Nevada, North Dakota, Ohio, Oklahoma, Tennessee, and the Attorney General of Michigan. The lawsuit claimed that President Obama had "unilaterally suspend[ed] the immigration laws as applied to 4 million of the 11 million" undocumented immigrants in the United States.

Specifically, plaintiffs challenged the executive's intended expansion of Deferred Action for Childhood Arrivals (DACA) -- the deportation reprieve offered to undocumented immigrants who arrived in the U.S. as children -- and the intended creation of Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) -- a temporary deportation reprieve for undocumented parents of U.S. citizens and lawful residents. Plaintiffs alleged that these executive actions amounted to an unlawful suspension of the nation's immigration laws, in violation of the Take Care Clause of the Constitution, and that the policies were arbitrary, capricious, an abuse of discretion, and issued without regulatory authority or the required notice and opportunity for public comment, in violation of the APA. The case was assigned to District Judge Andrew S. Hanen.

Three Jane Does sought to intervene to defend the legality of DACA and DAPA. The Jane Does were noncitizens who had lived in the United States for more than ten years with minor children, seeking to benefit from the executive actions. But on Feb. 11, 2015, Judge Hanen denied intervention. They appealed on March 9, 2015. On Nov. 9, 2015, in an opinion by Circuit Judge Jennifer Walker Elrod, the Fifth Circuit reversed and remanded the case to the district court, holding that the Jane Does satisfied the necessary requirements for intervention. 805 F.3d 653 (5th Cir. 2015).

The program was set to take effect on Feb. 18, 2015, but on Feb. 16, Judge Hanen granted plaintiffs' request for a preliminary injunction, holding that the U.S. had failed to comply with the APA. Finding that the administration's programs would impose major burdens on states, encourage illegal immigration and strain state budgets, and that the administration had not followed required procedures for changing federal rules, the Court enjoined the government from implementing the expansion of the deferred action program, which was to take effect on Feb. 18, pending the final resolution of the case. 86 F. Supp. 3d 591, 677 (S.D. Tex. 2015).

On Feb. 23, 2015, the U.S. appealed the district court's order to the Fifth Circuit. On the same day, the U.S. asked the district court to stay its order pending appeal to allow the expanded program to go into effect. In April, however, the district court denied the stay; the government then sought a stay from the Fifth Circuit. After briefing and oral argument, a motions panel (Judges Smith, Elrod, and Higginson) denied the stay; an opinion by Judge Smith declared that the appeal was unlikely to succeed on its merits. Texas v. United States, 787 F.3d 733, 743 (5th Cir. 2015). Judge Higginson dissented. The appeal then proceeded before Judges King, Smith, and Elrod. In another opinion by Judge Smith, the Fifth Circuit affirmed the preliminary injunction on Nov. 9, 2015, this time with a strong dissent by Judge King. The court held that the states had standing; the matter was justiciable; the program should have been the subject of notice-and-comment rulemaking, and was in any event beyond the authority granted by the Immigration and Nationality Act (INA); and that the states had satisfied the other elements required for an injunction (substantial threat of irreparable injury; balance of harms; public interest). Judge King dissented on all of these issues. 809 F.3d 134 (5th Cir. 2015).

The U.S. sought certiorari review in the Supreme Court in a petition filed just a few days later, on Nov. 20, 2015: the speedy petition was to try to enable the Court to complete review of the case before the end of the 2015 term (that is, by the end of June 2016). On Jan. 20, 2016, the Court granted review. The case was argued in the Supreme Court on Apr. 18, 2016, two months after the death of Justice Antonin Scalia. The Supreme Court was divided 4-4 on the issue, so on June 23, 2016, the Court issued a per curiam order affirming the Fifth Circuit without opinion. 136 S.Ct. 2271. The U.S. petitioned for a rehearing.

Back in the District Court, on May 19, 2016, Judge Hanen addressed alleged misconduct by DOJ lawyers. (DOJ had lawyers told the Court that the new DACA/DAPA programs were not being implemented. In fact, as they later informed the Court, most of the new provisions were indeed stayed, but DHS had begun to grant 3-year extensions of DACA status, rather than the prior program’s 2-year extensions.) Judge Hanen ordered all DOJ lawyers admitted to practice in any of the plaintiff states to take a continuing legal education program centered around ethics, led by non-DOJ teachers. The Court also stated that due to the conduct of the lawyers, it would seek to revoke the pro hac vice status of the out-of-state lawyers who had appeared before it. Finally, the Court ordered DOJ to provide the Court with a list of all the DACA applicants so he could consider giving that list to the plaintiff states. This list would have included tens of thousands of immigrant youths who received three-year DACA grants between Nov. 2014 and Feb. 2015.

The U.S. immediately sought a stay in the district court, and a stay and mandamus in the Fifth Circuit. On June 7, 2016, Judge Hanen stayed his own address disclosure and ethics order.

In an Aug. 31, 2016 status conference, the parties agreed that the district court should continue the stay until the Supreme Court ruled on the U.S.'s petition for rehearing. Once the Supreme Court denied this petition on Oct. 3, Judge Hanen ordered the parties to confer on a scheduling order. They did so, and returned to the court on Nov. 18 with a proposal to stay proceedings on the merits of the plaintiffs' claims until Feb. 20, 2017, following the installation of the Trump administration.

On Jan. 19, 2017 -- the day before the Trump inauguration -- Judge Hanen revisited the issue of the sanctions against DOJ lawyers. After extensively criticizing DOJ's alleged misconduct, Judge Hanen let stand his May 19, 2016 opinion but withdrew the sanctions order because no harm had ensued from the conduct.

On Mar. 22, 2017, Judge Hanen granted the parties' request to stay the merits proceedings. Over the next several months, Judge Hanen granted several continuances of the stay, since the U.S. had not yet changed its guidance on DACA or DAPA.

After DHS issued guidelines phasing out DACA and expanded-DACA and rescinding DAPA, on Sept. 12, 2017 plaintiffs filed a stipulation of voluntary dismissal.

This case is now closed.

Summary Authors

Rebecca Eisenbrey (3/10/2015)

Matt Ramirez (6/25/2016)

Ava Morgenstern (1/28/2018)

Related Cases

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People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4394520/parties/state-of-texas-v-united-states-of-america/


Judge(s)

Davis, W. Eugene (Louisiana)

Elrod, Jennifer Walker (Texas)

Hanen, Andrew S. (Texas)

Higginbotham, Patrick Errol (Texas)

Higginson, Stephen Andrew (Louisiana)

King, Carolyn Dineen (Texas)

Owen, Priscilla Richman (Texas)

Attorneys(s) for Plaintiff

Abbott, Greg (Texas)

Barker, John Campbell (Texas)

Biggs, Adam Arthur (Texas)

Judge(s)

Davis, W. Eugene (Louisiana)

Elrod, Jennifer Walker (Texas)

Hanen, Andrew S. (Texas)

Higginbotham, Patrick Errol (Texas)

Higginson, Stephen Andrew (Louisiana)

King, Carolyn Dineen (Texas)

Owen, Priscilla Richman (Texas)

Attorneys(s) for Plaintiff

Abbott, Greg (Texas)

Barker, John Campbell (Texas)

Biggs, Adam Arthur (Texas)

Bitter, Adam Nicholas (Texas)

Blacklock, James D. (Texas)

Bondi, Pamela Jo (Florida)

Bruning, Jon (Nebraska)

Caldwell, James David (Louisiana)

Carswell, Dwight (Kansas)

Chapelle, Joseph C. (Indiana)

Colmenero, Angela Veronica (Texas)

DeWine, Michael (Ohio)

Fox, Timothy C. (Montana)

Hodge, Daniel (Texas)

Horne, Thomas C. (Arizona)

Hudson, Eric Alan (Texas)

Jackley, Marty J. (South Dakota)

Keller, Scott A. (Texas)

Lennington, Daniel P (Wisconsin)

Lopez, David A. (Nebraska)

Mateer, Jeffrey C. (Texas)

McDaniel, Dustin (Arkansas)

McLean, Carlisle (Maine)

Mitchell, Jonathan F. (Texas)

Morrisey, Patrick (West Virginia)

Murphy, Eric Earl (Ohio)

Oldham, Andrew Stephen (Texas)

Olens, Samuel (Georgia)

Paxton, Ken (Texas)

Perry, Thomas C (Idaho)

Post, Ryan S (Nebraska)

Pruitt, E. Scott (Oklahoma)

Reyes, Sean D. (Utah)

Rusthoven, Peter J (Indiana)

Schmidt, Derek (Kansas)

Schuette, Bill (Michigan)

Snyder, Drew (Michigan)

Starr, Brantley David (Texas)

Stenehjem, Wayne (North Dakota)

Stephens, Robert C. (North Carolina)

Strange, Luther J (Alabama)

Van Hollen, J.B. (Wisconsin)

Wasden, Lawrence G. (Idaho)

Wilson, Alan (South Carolina)

Wyrick, Patrick Robert (Oklahoma)

Younger, Cally Ann (Idaho)

Attorneys(s) for Defendant

Brinkmann, Beth S (District of Columbia)

Bunnell, Stevan (District of Columbia)

Clair, Jeffrey (District of Columbia)

Cohen, Bradley H. (District of Columbia)

Freeny, Kyle Renee (District of Columbia)

Gilligan, James J (District of Columbia)

Halainen, Daniel (District of Columbia)

Hartnett, Kathleen R. (District of Columbia)

Havemann, William Ernest (District of Columbia)

Hu, Daniel David (Texas)

Kirschner, Adam D. (District of Columbia)

Kneedler, Edwin S. (District of Columbia)

Letter, Douglas (District of Columbia)

McIntosh, Scott R. (District of Columbia)

Mizer, Benjamin C. (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Ricketts, Jennifer (District of Columbia)

Saltman, Julie Shana (District of Columbia)

Schwei, Daniel (District of Columbia)

Tripp, Zachary D. (District of Columbia)

Tyler, John Russell (District of Columbia)

Verrilli, Donald B. Jr. (District of Columbia)

Other Attorney(s)

Badlani, Chirag (Illinois)

Dearing, Richard (New York)

DeNeve, Jose Jorge (California)

Egeler, Anne Elizabeth (Washington)

Herren, Mitchell Lee (Kansas)

Hethmon, Michael M. (District of Columbia)

KohSweeney, Adam P (California)

Markoff, Gabriel (California)

Martinez, Antonio Tony (Texas)

Moseley, Jonathon Alden (District of Columbia)

Olson, Leif A. (Texas)

Perales, Nina (Texas)

Sekulow, Jay Alan (District of Columbia)

Shapiro, Ilya (District of Columbia)

Smith, Linda Jane (California)

Taitz, Orly (California)

Weissglass, Jonathan (California)

Wilcox, Dale L. (District of Columbia)

Expert/Monitor/Master

D'Andrea, Arthur C. (Texas)

Jolly, E. Grady (Mississippi)

Margulies, Peter (Rhode Island)

Documents in the Clearinghouse

Document

Docket [PACER]

State of Texas v. United States of America

Dec. 8, 2017 Docket
1

Complaint for Declaratory and Injunctive Relief

Dec. 3, 2014 Complaint
14

Amended Complaint for Declaratory and Injunctive Relief

State of Texas v. USA

Dec. 9, 2014 Complaint
38

Defendants' Memorandum of Points and Authorities in Opposition to Plaintiffs' Motion for Preliminary Injunction

State of Texas v. USA

Dec. 24, 2014 Pleading / Motion / Brief
38-1

Exhibits to Defendants' Memorandum of Points and Authorities in Opposition to Plaintiffs' Motion for Preliminary Injunction

State of Texas v. USA

Dec. 24, 2014 Pleading / Motion / Brief
145

Memorandum Opinion and Order

State of Texas v. USA

2015 WL 648579

Feb. 16, 2015 Order/Opinion
144

Order of Temporary Injunction

State of Texas v. USA

Feb. 16, 2015 Order/Opinion
226

Order

State of Texas v. United States of America

2015 WL 1540022

April 7, 2015 Order/Opinion
225

Memorandum Opinion and Order

State of Texas v. United States of America

2015 WL 1540152

April 7, 2015 Order/Opinion
00512994979

Brief of Jane Does 1-3 as Amicus Curiae in Support of Appellants, Supporting Reversal

U. S. Court of Appeals for the Fifth Circuit

April 16, 2015 Pleading / Motion / Brief

Resources

Title Description External URL

United States v. State of Texas

National Immigration Law Center (NILC)

Immigration, civil rights and labor groups joined the legal effort to defend President Obama’s executive action on immigration by filing amicus briefs in United States, et al. v. State of Texas, et a… March 14, 2016 https://www.nilc.org/issues/immigration-reform-and-executive-actions/united-states-v-state-of-texas/

United States v. Texas

SCOTUSblog

Issue: (1) Whether a state that voluntarily provides a subsidy to all aliens with deferred action has Article III standing and a justiciable cause of action under the Administrative Procedure Act (AP… June 23, 2016 http://www.scotusblog.com/case-files/cases/united-states-v-texas/

Resources on the Lawsuit Challenging DAPA and DACA Expansion

American Immigration Lawyers Association (AILA)

Resources on the Lawsuit Challenging DAPA and DACA Expansion Sept. 8, 2017 http://www.aila.org/infonet/texas-et-al-v-us-documentation

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4394520/state-of-texas-v-united-states-of-america/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541-14130337) filed by South Dakota, Louisiana, C.L. "Butch" Otter, Alabama, Texas, West Virginia, Patrick L. McCrory, Kansas, Georgia, Nebraska, Utah, Wisconsin, Paul R. LePage, Montana, Idaho, Phil Bryant, South Carolina, Indiana. (Attachments: # 1 Civil Cover Sheet)(Oldham, Andrew) (Entered: 12/03/2014)

1 Civil Cover Sheet

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Dec. 3, 2014 RECAP
2

NOTICE of Appearance by Arthur C. D'Andrea on behalf of Phil Bryant, Paul R. LePage, Patrick L. McCrory, C.L. "Butch" Otter, State of Louisiana, State of Alabama, State of Georgia, State of Idaho, State of Indiana, State of Kansas, State of Montana, State of Nebraska, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin, filed. (D'Andrea, Arthur) (Entered: 12/03/2014)

Dec. 3, 2014 PACER
3

NOTICE of Appearance by Jonathan F. Mitchell on behalf of Phil Bryant, Paul R. LePage, Patrick L. McCrory, C.L. "Butch" Otter, State of Louisiana, State of Alabama, State of Georgia, State of Idaho, State of Indiana, State of Kansas, State of Montana, State of Nebraska, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin, filed. (Mitchell, Jonathan) (Entered: 12/03/2014)

Dec. 3, 2014 PACER
4

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 3/31/2015 at 01:30 PM in Courtroom 6 before Judge Andrew S. Hanen(Signed by Judge Andrew S. Hanen) Parties notified.(bcampos, 1) (Entered: 12/04/2014)

Dec. 4, 2014 RECAP
5

Opposed MOTION for Preliminary Injunction by Phil Bryant, Paul R. LePage, Patrick L. McCrory, C.L. "Butch" Otter, State of Louisiana, State of Alabama, State of Georgia, State of Idaho, State of Indiana, State of Kansas, State of Montana, State of Nebraska, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin, filed. Motion Docket Date 12/26/2014. (Attachments: # 1 Proposed Order)(Oldham, Andrew) (Entered: 12/04/2014)

1 Proposed Order

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Dec. 4, 2014 RECAP
6

Unopposed MOTION for Leave to File Excess Pages by Phil Bryant, Paul R. LePage, Patrick L. McCrory, C.L. "Butch" Otter, State of Louisiana, State of Alabama, State of Georgia, State of Idaho, State of Indiana, State of Kansas, State of Montana, State of Nebraska, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin, filed. Motion Docket Date 12/26/2014. (Attachments: # 1 Proposed Order)(Oldham, Andrew) (Entered: 12/04/2014)

1 Proposed Order

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Dec. 4, 2014 PACER
7

Request for Issuance of Summons as to All Defendants, filed. (Attachments: # 1 USA, # 2 President, # 3 Johnson, # 4 Rodriguez, # 5 Kerlikowske, # 6 Vitiello, # 7 Winkowski)(Oldham, Andrew) (Main Document 7 replaced on 4/13/2015) (sbejarano, 1). (Attachment 1 replaced on 4/13/2015) (sbejarano, 1). (Attachment 2 replaced on 4/13/2015) (sbejarano, 1). (Attachment 3 replaced on 4/13/2015) (sbejarano, 1). (Attachment 4 replaced on 4/13/2015) (sbejarano, 1). (Attachment 5 replaced on 4/13/2015) (sbejarano, 1). (Attachment 6 replaced on 4/13/2015) (sbejarano, 1). (Attachment 7 replaced on 4/13/2015) (sbejarano, 1). (Entered: 12/04/2014)

1 USA

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2 President

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3 Johnson

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4 Rodriguez

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5 Kerlikowske

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6 Vitiello

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7 Winkowski

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Dec. 4, 2014 PACER
8

MOTION for Daniel P Lennington to Appear Pro Hac Vice by State of Wisconsin, filed. Motion Docket Date 12/26/2014. (bcampos, 1) (Entered: 12/05/2014)

Dec. 5, 2014 PACER
9

NOTICE Amended Notice of Appearance for Jonathan F. Mitchell re: 3 Notice of Appearance, by Phil Bryant, Paul R. LePage, Patrick L. McCrory, C.L. "Butch" Otter, State of Louisiana, State of Alabama, State of Georgia, State of Idaho, State of Indiana, State of Kansas, State of Montana, State of Nebraska, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin, filed. (Mitchell, Jonathan) (Entered: 12/05/2014)

Dec. 5, 2014 RECAP

Summons Issued as to 1.) Jeh Johnson, 2.) R. Gil Kerlikowske, 3.) Leon Rodriguez, 4.) Ronald D. Vitiello, 5.) Thomas S. Winkowski, 6.) U.S. Attorney, 7.) U.S. Attorney General, and 8.) President of the United States. Issued summons returned to plaintiff by: First-class mail.(bcampos, 1)

Dec. 5, 2014 PACER
10

ORDER granting 6 Motion to Exceed Page Limits. (Signed by Judge Andrew S. Hanen) Parties notified. (rnieto, 1) (Entered: 12/05/2014)

Dec. 5, 2014 PACER
11

ORDER granting 8 Motion to Appear Pro Hac Vice.(Signed by Judge Andrew S. Hanen) Parties notified.(sbejarano, 1) (Entered: 12/09/2014)

Dec. 5, 2014 PACER
12

MOTION for Joseph C. Chapelle to Appear Pro Hac Vice by State of Indiana, filed. Motion Docket Date 12/30/2014. (D'Andrea, Arthur) (Additional attachment(s) added on 12/10/2014: # 1 Verified Status of Bar Membership for Motion Pro Hac Vice) (avleal, 1). (Entered: 12/09/2014)

1 Verified Status of Bar Membership for Motion Pro Hac Vice

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Dec. 9, 2014 PACER
13

MOTION for Peter J. Rusthoven to Appear Pro Hac Vice by State of Indiana, filed. Motion Docket Date 12/30/2014. (D'Andrea, Arthur) (Additional attachment(s) added on 12/10/2014: # 1 Verified Status of Bar Membership for Motion Pro Hac Vice) (avleal, 1). (Attachment 1 replaced on 12/10/2014) (avleal, 1). (Entered: 12/09/2014)

1 Verified Status of Bar Membership for Motion Pro Hac Vice

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Dec. 9, 2014 PACER
14

First AMENDED Complaint against All Defendants filed by State of South Dakota, State of Louisiana, State of Alabama, C.L. "Butch" Otter, State of Texas, State of West Virginia, Patrick L. McCrory, State of Kansas, State of Georgia, State of Nebraska, State of Utah, State of Wisconsin, Paul R. LePage, State of Montana, State of Idaho, Phil Bryant, State of South Carolina, State of Indiana, State of North Dakota, State of Ohio, State of Oklahoma, State of Florida, State of Arizona, State of Arkansas, Bill Schuette.(D'Andrea, Arthur) (Entered: 12/09/2014)

Dec. 9, 2014 RECAP
15

NOTICE of Appearance by Daniel P. Lennington on behalf of State of Wisconsin, filed. (Lennington, Daniel) (Entered: 12/10/2014)

Dec. 10, 2014 PACER
16

ORDER granting 12 Motion to Appear Pro Hac Vice as to Joseph C. Chapelle.(Signed by Judge Andrew S. Hanen) Parties notified.(mperez, 1) (Entered: 12/10/2014)

Dec. 10, 2014 PACER
17

ORDER granting 13 Motion to Appear Pro Hac Vice as to Peter J. Rusthoven.(Signed by Judge Andrew S. Hanen) Parties notified.(mperez, 1) (Entered: 12/11/2014)

Dec. 11, 2014 PACER
18

MOTION for Eric Murphy to Appear Pro Hac Vice by State of Ohio, filed. Motion Docket Date 1/2/2015. (sbejarano, 1) (Entered: 12/11/2014)

Dec. 11, 2014 PACER
19

ORDER granting 18 Motion to Appear Pro Hac Vice as to Eric E. Murphy. (Signed by Judge Andrew S. Hanen) Parties notified.(mperez, 1) (Entered: 12/12/2014)

Dec. 12, 2014 PACER
20

Motion and Order for Admission Pro Hac Vice as to Jay Alan Sekulow. (Signed by Judge Andrew S. Hanen) Parties notified.(mperez, 1) (Entered: 12/12/2014)

Dec. 12, 2014 PACER
21

MOTION for Patrick R. Wyrick to Appear Pro Hac Vice by State of Oklahoma, filed. Motion Docket Date 1/5/2015. (dahumada, 1) (Entered: 12/16/2014)

Dec. 15, 2014 PACER
22

Unopposed MOTION Motion for Leave to Participate as Amici by American Center for Law & Justice, filed. Motion Docket Date 1/6/2015. (Attachments: # 1 Proposed Amici Brief)(Sekulow, Jay) (Entered: 12/16/2014)

1 Proposed Amici Brief

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Dec. 16, 2014 RECAP
23

ADVISORY by Phil Bryant, Paul R. LePage, Patrick L. McCrory, C.L. "Butch" Otter, Bill Schuette, State of Louisiana, State of Alabama, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Kansas, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin, filed. (Attachments: # 1 Exhibit Juarez-Escobar Opinion)(Oldham, Andrew) (Entered: 12/16/2014)

1 Exhibit Juarez-Escobar Opinion

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Dec. 16, 2014 RECAP
24

ORDER granting 21 Motion to Appear Pro Hac Vice.(Signed by Judge Andrew S. Hanen) Parties notified.(sbejarano, 1) (Entered: 12/17/2014)

Dec. 17, 2014 PACER
25

NOTICE of Appearance by Adam N. Bitter on behalf of Phil Bryant, Paul R. LePage, Patrick L. McCrory, C.L. "Butch" Otter, Bill Schuette, State of Louisiana, State of Alabama, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Kansas, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin, filed. (Bitter, Adam) (Entered: 12/18/2014)

Dec. 18, 2014 PACER
26

NOTICE of Appearance by Angela V. Colmenero on behalf of Phil Bryant, Paul R. LePage, Patrick L. McCrory, C.L. "Butch" Otter, Bill Schuette, State of Louisiana, State of Alabama, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Kansas, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin, filed. (Bitter, Adam) (Entered: 12/18/2014)

Dec. 18, 2014 PACER
27

NOTICE of Appearance by Kyle R. Freeny on behalf of Jeh Johnson, R. Gil Kerlikowske, Leon Rodriguez, United States of America, Ronald D. Vitiello, Thomas S. Winkowski, filed. (Freeny, Kyle) (Entered: 12/19/2014)

Dec. 19, 2014 PACER

Minute Entry for proceedings held before Judge Andrew S. Hanen. TELEPHONE CONFERENCE held on 12/19/2014. Appearances: Plaintiff Attorneys: A. Oldham; A. D'Andrea; Defendants Attorneys: K.Freeny; D.Hu;(ERO:R.Nieto)(10:06-10:22) Discussion held. Defendants response due 12/24/14. Plaintiffs reply due 01/02/15. Defendants have one week to 10 days to file reply to Plaintiffs reply if needed. Preliminary Injunction Hearing set for 01/09/15 at 10:00 am in Brownsville, Texas., filed.(csustaeta, 1)

Dec. 19, 2014 PACER
28

NOTICE of Setting. Parties notified. Injunction Hearing set for 1/9/2015 at 10:00 AM in Courtroom 6 before Judge Andrew S. Hanen, filed. (csustaeta, 1) (Entered: 12/19/2014)

Dec. 19, 2014 PACER
29

ORDER granting 22 Motion for Leave to Participate as Amici Curiae in Support of Plaintiffs by Members of Congress, the American Center for Law & Justice, and the Committee to Defend the Separation of Powers.(Signed by Judge Andrew S. Hanen) Parties notified.(bcampos, 1) (Entered: 12/19/2014)

Dec. 19, 2014 PACER
30

NOTICE of Appearance by Daniel David Hu on behalf of United States of America, Ronald D. Vitiello, Thomas S. Winkowski, filed. (Hu, Daniel) (Entered: 12/19/2014)

Dec. 19, 2014 PACER
31

Amici Curiae BRIEF in Support of re: 5 Opposed MOTION for Preliminary Injunction by American Center for Law & Justice, filed.(melopez, 1) (Entered: 12/22/2014)

Dec. 19, 2014 PACER
34

MOTION for Ryan S. Post to Appear Pro Hac Vice by State of Nebraska, filed. Motion Docket Date 1/12/2015. (jtabares, 1) (Main Document 34 replaced on 1/6/2015) (rnieto, 1). (Entered: 12/23/2014)

Dec. 22, 2014 PACER
35

MOTION for David A. Lopez to Appear Pro Hac Vice by State of Nebraska, filed. Motion Docket Date 1/12/2015. (jtabares, 1) (Main Document 35 replaced on 1/6/2015) (rnieto, 1). (Entered: 12/23/2014)

Dec. 22, 2014 PACER
32

Unopposed MOTION for Extension of Time Reply Brief by Phil Bryant, Paul R. LePage, Patrick L. McCrory, C.L. "Butch" Otter, Bill Schuette, State of Louisiana, State of Alabama, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Kansas, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin, filed. Motion Docket Date 1/13/2015. (Attachments: # 1 Proposed Order)(Oldham, Andrew) (Entered: 12/23/2014)

1 Proposed Order

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Dec. 23, 2014 RECAP
33

MOTION for Jonathan Weissglass to Appear Pro Hac Vice by Service Employees International Union, filed. Motion Docket Date 1/13/2015. (Weissglass, Jonathan) (Additional attachment(s) added on 12/24/2014: # 1 Continuation) (dahumada, 1). (Entered: 12/23/2014)

1 Verified Status of Bar Membership for Motion Pro Hac Vice

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Dec. 23, 2014 PACER
36

NOTICE of additional Members of Congress as amici by American Center for Law & Justice, filed. (Sekulow, Jay) (Entered: 12/24/2014)

Dec. 24, 2014 PACER
37

Unopposed MOTION for Leave to File Excess Pages by Jeh Johnson, R. Gil Kerlikowske, Leon Rodriguez, United States of America, Ronald D. Vitiello, Thomas S. Winkowski, filed. Motion Docket Date 1/14/2015. (Attachments: # 1 Proposed Order)(Freeny, Kyle) (Entered: 12/24/2014)

1 Proposed Order

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Dec. 24, 2014 PACER
38

RESPONSE in Opposition to 5 Opposed MOTION for Preliminary Injunction, filed by Jeh Johnson, R. Gil Kerlikowske, Leon Rodriguez, United States of America, Ronald D. Vitiello, Thomas S. Winkowski. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Errata 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Proposed Order)(Freeny, Kyle) (Entered: 12/24/2014)

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12 Errata 12

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34 Proposed Order

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Dec. 24, 2014 RECAP
39

MOTION for Leave to File PARTICIPATE AS AMICI CURIAE IN SUPPORT OF DEFENDANTS BY AMERICAN IMMIGRATION COUNCIL, AMERICAN IMMIGRATION LAWYERS ASSOCIATION, DEFINE AMERICAN, NATIONAL IMMIGRANT JUSTICE CENTER, NATIONAL IMMIGRATION LAW CENTER, NEW ORLEANS WORKERS CENTER FOR RACIAL JUSTICE, SERVICE EMPLOYEES INTERNATIONAL UNION, SOUTHERN POVERTY LAW CENTER, AND UNITED WE DREAM by Service Employees International Union, filed. Motion Docket Date 1/20/2015. (Attachments: # 1 AMICI CURIAE BRIEF, # 2 [PROPOSED] ORDER GRANTING MOTION FOR LEAVE TO PARTICIPATE AS AMICI CURIAE)(Weissglass, Jonathan) (Entered: 12/29/2014)

1 AMICI CURIAE BRIEF

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2 [PROPOSED] ORDER GRANTING MOTION FOR LEAVE TO PARTICIPATE AS AMICI CURIAE

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Dec. 29, 2014 PACER
40

MOTION to Intervene by Mitchell Williams, filed. Motion Docket Date 1/20/2015. (avleal, 1) (Entered: 12/30/2014)

Dec. 29, 2014 RECAP
43

MOTION for Michael M. Hathmon to Appear Pro Hac Vice, filed. Motion Docket Date 1/20/2015. (jguajardo, 1) (Entered: 01/06/2015)

Dec. 30, 2014 PACER
41

ORDER granting 32 Unopposed Motion to Extend Time. Brief due by 1/7/2015 Injunction Hearing set for 1/15/2015 at 10:00 AM in Courtroom 6 before Judge Andrew S. Hanen.(Signed by Judge Andrew S. Hanen) Parties notified.(mperez, 1) (Entered: 01/05/2015)

Jan. 5, 2015 RECAP
44

NOTICE of Appearance by Daniel P. Lennington on behalf of State of Wisconsin, filed. (Lennington, Daniel) (Entered: 01/06/2015)

Jan. 6, 2015 PACER
45

NOTICE of Appearance by Daniel P. Lennington on behalf of State of Wisconsin, filed. (Lennington, Daniel) (Entered: 01/06/2015)

Jan. 6, 2015 PACER
46

MOTION to Consolidate B14CV254 and B14CV119 by Orly Taitz, filed. Motion Docket Date 1/27/2015. (Attachments: # 1 Exhibit 1-2)(bcampos, 1) (Entered: 01/06/2015)

1 Exhibit 1-2

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Jan. 6, 2015 PACER
47

ORDER granting 43 Motion to Appear Pro Hac Vice as to Michael M. Hethmon.(Signed by Judge Andrew S. Hanen) Parties notified.(mperez, 1) (Entered: 01/06/2015)

Jan. 6, 2015 PACER
48

ORDER granting 33 Motion to Appear Pro Hac Vice as to Jonathan Weissglass.(Signed by Judge Andrew S. Hanen) Parties notified.(mperez, 1) (Entered: 01/06/2015)

Jan. 6, 2015 PACER
49

Unopposed MOTION for Leave to File Amicus Curiae Brief by Filemon Vela, filed. Motion Docket Date 1/27/2015. (Attachments: # 1 Proposed Order Proposed Order, # 2 Proposed Brief)(Martinez, Antonio) (Entered: 01/06/2015)

1 Proposed Order Proposed Order

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2 Proposed Brief

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Jan. 6, 2015 PACER
50

NOTICE of Appearance by John Campbell Barker on behalf of Phil Bryant, Paul R. LePage, Patrick L. McCrory, C.L. "Butch" Otter, Bill Schuette, State of Louisiana, State of Alabama, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Kansas, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin, filed. (Barker, John) (Entered: 01/06/2015)

Jan. 6, 2015 PACER
51

ORDER granting 37 Defendant's Unopposed Motion for Leave to File Excess Pages.(Signed by Judge Andrew S. Hanen) Parties notified.(bcampos, 1) (Entered: 01/07/2015)

Jan. 7, 2015 PACER
52

MOTION for Leave to File Over-Length Amicus Curiae Brief by Proposed Amicus Curiae Immigration Reform Law Institute, filed. Motion Docket Date 1/28/2015. (Attachments: # 1 Exhibit Amicus Curiae Brief)(Hethmon, Michael) (Entered: 01/07/2015)

1 Exhibit Amicus Curiae Brief

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Jan. 7, 2015 PACER
53

ORDER granting 34 Motion to Appear Pro Hac Vice as to Ryan S. Post.(Signed by Judge Andrew S. Hanen) Parties notified.(mperez, 1) (Entered: 01/07/2015)

Jan. 7, 2015 PACER
54

ORDER granting 35 Motion to Appear Pro Hac Vice as to David A. Lopez.(Signed by Judge Andrew S. Hanen) Parties notified.(mperez, 1) (Entered: 01/07/2015)

Jan. 7, 2015 PACER
55

MOTION for Dale L. Wilcox to Appear Pro Hac Vice, filed. Motion Docket Date 1/28/2015. (jguajardo, 1) (Entered: 01/07/2015)

Jan. 7, 2015 PACER
56

ORDER granting 49 Motion for Leave to Participate as Amicus Curiae and file a brief in Opposition to Plaintiffs' Motion for Preliminary Injunction by Congressman Filemon Vela in his official capacity. (Signed by Judge Andrew S. Hanen) Parties notified.(mperez, 1) (Entered: 01/07/2015)

Jan. 7, 2015 PACER
57

ORDER granting 52 Motion for Leave to File an Overlength Amicus Curiae Brief in Support of Plaintiffs Motion for Preliminary Injunction. (Signed by Judge Andrew S. Hanen) Parties notified.(mperez, 1) (Entered: 01/07/2015)

Jan. 7, 2015 PACER
58

MOTION for Attorney Anne E. Egeler to Appear Pro Hac Vice for the State of Washington, filed. Motion Docket Date 1/28/2015. (rnieto, 1) (Entered: 01/07/2015)

Jan. 7, 2015 PACER
59

ORDER denying 46 Motion to Consolidate 14-CV-254 and 14-CV-119. (Signed by Judge Andrew S. Hanen) Parties notified.(mperez, 1) (Entered: 01/07/2015)

Jan. 7, 2015 RECAP
60

ORDER re: 58 MOTION for Attorney Anne E. Egeler to Appear Pro Hac Vice for the State of Washington.(Signed by Judge Andrew S. Hanen) Parties notified.(jtabares, 1) (Entered: 01/07/2015)

Jan. 7, 2015 PACER
61

Unopposed MOTION for Leave to File Brief as Friends of the Court Supporting Plaintiffs by Cato Institute, Josh Blackman, Jeremy A. Rabkin, filed. Motion Docket Date 1/28/2015. (Attachments: # 1 Proposed Order, # 2 Proposed brief)(Olson, Leif) (Entered: 01/07/2015)

1 Proposed Order

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2 Proposed brief

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Jan. 7, 2015 PACER
62

MOTION for Peter Margulies to Appear Pro Hac Vice by Josh Blackman, Cato Institute, Jeremy A. Rabkin, filed. Motion Docket Date 1/28/2015. (Olson, Leif) (Entered: 01/07/2015)

Jan. 7, 2015 RECAP
63

MOTION for Ilya Shapiro to Appear Pro Hac Vice by Josh Blackman, Cato Institute, Jeremy A. Rabkin, filed. Motion Docket Date 1/28/2015. (Olson, Leif) (Entered: 01/07/2015)

Jan. 7, 2015 PACER
64

REPLY in Support of 5 Opposed MOTION for Preliminary Injunction, filed by Phil Bryant, Paul R. LePage, Patrick L. McCrory, C.L. "Butch" Otter, Bill Schuette, State of Louisiana, State of Alabama, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Kansas, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin. (Attachments: # 1 Exhibit Ex 1, # 2 Exhibit Ex. 2, # 3 Exhibit Ex. 3, # 4 Exhibit Ex. 4, # 5 Exhibit Ex. 5, # 6 Exhibit Ex. 6, # 7 Exhibit Ex. 7, # 8 Exhibit Ex. 8, # 9 Exhibit Ex. 9.a, # 10 Exhibit Ex. 9.b, # 11 Exhibit Ex. 10.a, # 12 Exhibit Ex. 10.b, # 13 Exhibit Ex. 10.c, # 14 Exhibit Ex. 10.d, # 15 Exhibit Ex. 10.e, # 16 Exhibit Ex. 10.f, # 17 Exhibit Ex. 10.g, # 18 Exhibit Ex. 10.h, # 19 Exhibit Ex. 10.i, # 20 Exhibit Ex. 10.j, # 21 Exhibit Ex. 10.k, # 22 Exhibit Ex. 10.l, # 23 Exhibit Ex. 10.m, # 24 Exhibit Ex. 10.n, # 25 Exhibit Ex. 10.0, # 26 Exhibit Ex. 10.p, # 27 Exhibit Ex. 10.q, # 28 Exhibit Ex. 10.r, # 29 Exhibit Ex. 10.s, # 30 Exhibit Ex. 11, # 31 Exhibit Ex. 12, # 32 Exhibit Ex. 13, # 33 Exhibit Ex. 14, # 34 Exhibit Ex. 15, # 35 Exhibit Ex. 16, # 36 Exhibit Ex. 17, # 37 Exhibit Ex. 18, # 38 Exhibit Ex. 19, # 39 Exhibit Ex. 20, # 40 Exhibit Ex. 21, # 41 Exhibit Ex. 22, # 42 Exhibit Ex. 23, # 43 Exhibit Ex. 24, # 44 Exhibit Ex. 25, # 45 Exhibit Ex. 26, # 46 Exhibit Ex. 27, # 47 Exhibit Ex. 28, # 48 Exhibit Ex. 29, # 49 Exhibit Ex. 30, # 50 Exhibit Ex. 31, # 51 Exhibit Ex. 32, # 52 Exhibit Ex. 33, # 53 Exhibit Ex. 34, # 54 Exhibit Ex. 35)(Oldham, Andrew) (Entered: 01/07/2015)

1 Exhibit Ex 1

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9 Exhibit Ex. 9.a

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11 Exhibit Ex. 10.a

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15 Exhibit Ex. 10.e

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18 Exhibit Ex. 10.h

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22 Exhibit Ex. 10.l

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23 Exhibit Ex. 10.m

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24 Exhibit Ex. 10.n

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25 Exhibit Ex. 10.0

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26 Exhibit Ex. 10.p

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27 Exhibit Ex. 10.q

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28 Exhibit Ex. 10.r

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29 Exhibit Ex. 10.s

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30 Exhibit Ex. 11

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31 Exhibit Ex. 12

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32 Exhibit Ex. 13

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33 Exhibit Ex. 14

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34 Exhibit Ex. 15

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35 Exhibit Ex. 16

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36 Exhibit Ex. 17

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37 Exhibit Ex. 18

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38 Exhibit Ex. 19

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40 Exhibit Ex. 21

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44 Exhibit Ex. 25

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48 Exhibit Ex. 29

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50 Exhibit Ex. 31

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51 Exhibit Ex. 32

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52 Exhibit Ex. 33

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53 Exhibit Ex. 34

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54 Exhibit Ex. 35

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Jan. 7, 2015 RECAP
65

Unopposed MOTION for Leave to File Excess Pages by Phil Bryant, Paul R. LePage, Patrick L. McCrory, C.L. "Butch" Otter, Bill Schuette, State of Louisiana, State of Alabama, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Kansas, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin, filed. Motion Docket Date 1/28/2015. (Attachments: # 1 Proposed Order)(Oldham, Andrew) (Entered: 01/07/2015)

1 Proposed Order

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Jan. 7, 2015 PACER
66

MOTION for Chirag G. Badlani to Appear Pro Hac Vice for Proposed Amici Major Cities Chiefs Police Association, et al, filed. Motion Docket Date 1/29/2015. (jtabares, 1) (Entered: 01/08/2015)

Jan. 8, 2015 PACER
67

ORDER granting 63 Motion to Appear Pro Hac Vice as to Ilya Shapiro.(Signed by Judge Andrew S. Hanen) Parties notified.(mperez, 1) (Main Document 67 replaced on 1/8/2015) (mperez, 1). (Entered: 01/08/2015)

Jan. 8, 2015 PACER
68

ORDER granting 61 Motion for Leave to File Brief as Friends of the Court Supporting Plaintiffs Request for a Preliminary Injunction.(Signed by Judge Andrew S. Hanen) Parties notified.(mperez, 1) (Entered: 01/08/2015)

Jan. 8, 2015 PACER
69

ORDER granting 65 Motion to Exceed Page Limits.(Signed by Judge Andrew S. Hanen) Parties notified.(mperez, 1) (Entered: 01/08/2015)

Jan. 8, 2015 PACER
70

ORDER granting 55 Motion to Appear Pro Hac Vice as to Dale L. Wilcox.(Signed by Judge Andrew S. Hanen) Parties notified.(mperez, 1) (Entered: 01/08/2015)

Jan. 8, 2015 PACER
71

ORDER granting 62 Motion to Appear Pro Hac Vice as to Prof. Peter Margulies.(Signed by Judge Andrew S. Hanen) Parties notified.(mperez, 1) (Entered: 01/08/2015)

Jan. 8, 2015 PACER
72

ORDER granting 66 Motion to Appear Pro Hac Vice as to Chirag G. Badlani.(Signed by Judge Andrew S. Hanen) Parties notified.(mperez, 1) (Entered: 01/08/2015)

Jan. 8, 2015 PACER
73

ORDER granting 39 Motion for Leave to File. The Court hereby grants leave for the aforementioned movants to participate as amici curiae and file a brief in opposition to Plaintiffs' motion for a preliminary injunction. (Signed by Judge Andrew S. Hanen) Parties notified.(avleal, 1) (Entered: 01/09/2015)

Jan. 9, 2015 PACER
75

ORDER denying 40 Motion to Intervene.(Signed by Judge Andrew S. Hanen) Parties notified.(mperez, 1) (Entered: 01/09/2015)

Jan. 9, 2015 RECAP
77

MOTION for Kyle R. Freeny to Appear Pro Hac Vice by Jeh Johnson, R. Gil Kerlikowske, Leon Rodriguez, United States of America, Ronald D. Vitiello, Thomas S. Winkowski, filed. Motion Docket Date 1/30/2015. (Freeny, Kyle) (Entered: 01/09/2015)

Jan. 9, 2015 PACER
78

ORDER granting 77 Motion to Appear Pro Hac Vice as to Kyle R. Freeny.(Signed by Judge Andrew S. Hanen) Parties notified.(mperez, 1) (Entered: 01/09/2015)

Jan. 9, 2015 PACER
79

MOTION for Kathleen R. Hartnett to Appear Pro Hac Vice by Jeh Johnson, R. Gil Kerlikowske, Leon Rodriguez, United States of America, Ronald D. Vitiello, Thomas S. Winkowski, filed. Motion Docket Date 2/2/2015. (Freeny, Kyle) (Additional attachment(s) added on 1/14/2015: # 1 Verified Status of Bar Membership for Motion Pro Hac Vice) (avleal, 1). (Entered: 01/12/2015)

1 Verified Status of Bar Membership for Motion Pro Hac Vice

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Jan. 12, 2015 PACER
80

NOTICE of attorney substitution by Phil Bryant, Paul R. LePage, Patrick L. McCrory, C.L. "Butch" Otter, Bill Schuette, State of Louisiana, State of Alabama, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Kansas, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin. Attorney Scott A. Keller added. Attorney Jonathan F. Mitchell terminated, filed. (Keller, Scott) (Entered: 01/12/2015)

Jan. 12, 2015 PACER
81

Unopposed MOTION Filing of Amicus Brief of Washington and States by State of Washington, filed. Motion Docket Date 2/2/2015. (Attachments: # 1 Appendix Part 1, # 2 Appendix Part 2)(Egeler, Anne) (Entered: 01/12/2015)

1 Appendix Part 1

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2 Appendix Part 2

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Jan. 12, 2015 RECAP
82

ORDER re: 79 MOTION for Kathleen R. Hartnett to Appear Pro Hac Vice by Jeh Johnson, R. Gil Kerlikowske, Leon Rodriguez, United States of America, Ronald D. Vitiello, Thomas S. Winkowski.(Signed by Judge Andrew S. Hanen) Parties notified.(jtabares, 1) (Entered: 01/12/2015)

Jan. 12, 2015 PACER
83

MOTION for Leave to File Leave to File Amici Curiae Brief of Major Cities Chiefs Association et al. by Proposed Amici Major Cities Chiefs Police Association, et al., filed. Motion Docket Date 2/2/2015. (Attachments: # 1 Exhibit 1-Proposed Amici Curiae Brief, # 2 Exhibit 2-Proposed Order)(Badlani, Chirag) (Entered: 01/12/2015)

1 Exhibit 1-Proposed Amici Curiae Brief

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2 Exhibit 2-Proposed Order

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Jan. 12, 2015 PACER
84

NOTICE of Appearance by Kathleen R. Hartnett on behalf of Jeh Johnson, R. Gil Kerlikowske, Leon Rodriguez, United States of America, Ronald D. Vitiello, Thomas S. Winkowski, filed. (Freeny, Kyle) (Entered: 01/12/2015)

Jan. 12, 2015 PACER
85

MOTION for Cally Younger to Appear Pro Hac Vice by C.L. "Butch" Otter, filed. Motion Docket Date 2/3/2015. (lcayce, 2) (Entered: 01/13/2015)

Jan. 13, 2015 PACER
86

ORDER re: 85 MOTION for Cally Younger to Appear Pro Hac Vice by C.L. "Butch" Otter,.(Signed by Judge Andrew S. Hanen) Parties notified.(jtabares, 1) (Entered: 01/13/2015)

Jan. 13, 2015 PACER
87

ORDER granting 81 Unopposed MOTION Filing of Amicus Brief of Washington and States by State of Washington. The Court hereby grants leave for the aforementioned movants to participate as amici curiae and file a brief in opposition to Plaintiffs' Motion for Preliminary Injunction(Signed by Judge Andrew S. Hanen) Parties notified.(jtabares, 1) (Entered: 01/13/2015)

Jan. 13, 2015 PACER
88

ORDER granting 83 Motion for Leave to File. The Court hereby grants leave for the aforementioned movants to participate as amici curiae and file a brief in opposition to Plaintiffs' motion for a preliminary injuction. (Signed by Judge Andrew S. Hanen) Parties notified.(avleal, 1) (Entered: 01/13/2015)

Jan. 13, 2015 PACER
89

NOTICE of Appearance by Jonathan F. Mitchell on behalf of Phil Bryant, Paul R. LePage, Patrick L. McCrory, C.L. "Butch" Otter, Bill Schuette, State of Louisiana, State of Alabama, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Kansas, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin, filed. (Mitchell, Jonathan) (Entered: 01/14/2015)

Jan. 14, 2015 PACER
90

MOTION for Extension of Time to Respond to Plaintiffs' Reply by Jeh Johnson, R. Gil Kerlikowske, Leon Rodriguez, United States of America, Ronald D. Vitiello, Thomas S. Winkowski, filed. Motion Docket Date 2/4/2015. (Attachments: # 1 Proposed Order)(Freeny, Kyle) (Entered: 01/14/2015)

1 Proposed Order

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Jan. 14, 2015 PACER
91

MOTION to Intervene by Jane Doe #1, Jane Doe #2, Jane Doe #3, filed. Motion Docket Date 2/4/2015. (Attachments: # 1 Exhibit 1 - [Proposed] Defendant-Intervenors' Joinder in Defendants' Memorandum of Points and Authorities in Opposition to Plaintiffs' Motion for Preliminary Injunction and Supplemental Brief in Opposition to Plaintiffs' Motion for Preliminary Injunction, # 2 Exhibit 2 - [Proposed] Answer to Plaintiffs' Amended Complaint for Declaratory and Injunctive Relief, # 3 Appendix of Authorities, # 4 Appendix of Declarations, # 5 Proposed Order)(Perales, Nina) (Entered: 01/14/2015)

1 Exhibit 1 - [Proposed] Defendant-Intervenors' Joinder in Defendants' M

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2 Exhibit 2 - [Proposed] Answer to Plaintiffs' Amended Complaint for Declarat

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3 Appendix of Authorities

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4 Appendix of Declarations

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5 Proposed Order

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Jan. 14, 2015 RECAP
92

MOTION to Proceed under Pseudonyms and Memorandum in Support Thereof by Jane Doe #1, Jane Doe #2, Jane Doe #3, filed. Motion Docket Date 2/4/2015. (Attachments: # 1 Appendix of Declarations and Exhibits, # 2 Proposed Order)(Perales, Nina) (Entered: 01/14/2015)

1 Appendix of Declarations and Exhibits

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2 Proposed Order

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Jan. 14, 2015 RECAP
93

MOTION for Jonathan Alden Moseley to Appear Pro Hac Vice for Amicus, Sheriff Joe Arpaio, filed. Motion Docket Date 2/5/2015. (bcampos, 1) (Additional attachment(s) added on 1/15/2015: # 1 Statement) (bcampos, 1). (Entered: 01/15/2015)

1 *Restricted*

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Jan. 15, 2015 RECAP
94

MOTION for Linda J. Smith to Appear Pro Hac Vice for Defendant-Intervenors, Jane Doe 1, Jane Doe 2, and Jane Doe 3, filed. Motion Docket Date 2/5/2015. (bcampos, 1) (Entered: 01/15/2015)

Jan. 15, 2015 PACER

Minute Entry for proceedings held before Judge Andrew S. Hanen. Preliminary INJUNCTION HEARING held on 1/15/2015. Appearances: Attorneys for Plaintiffs: A. Oldham; A. Bitter; A. Colmenero; A. D'Andrea; J. Mitchell; Attorneys for Defendants: K. Hartnett; K. Freeny; D. Hu;(Court Reporter: B.Barnard)(10:05-11:35 / 11:49-01:13). Court addressed the Parties. Oral argument heard. Court Break. Court Resumes. Oral argument heard. The state of Tennesse would like to be part of this case. Supplemental complaint joining Tennesse by 01/23/15 with reply by 01/30/15. 90 MOTION for Extension of Time to Respond to Plaintiffs' Reply by Jeh Johnson, R. Gil Kerlikowske, Leon Rodriguez, United States of America, Ronald D. Vitiello, Thomas S. Winkowski, -Discussed and due 1/30/15. Court will rule expeditiously has it can. Court adjourned., filed.(csustaeta, 1)

Jan. 15, 2015 PACER
95

ORDER granting 94 Motion to Appear Pro Hac Vice for attorney Linda Jane Smith. (Signed by Judge Andrew S. Hanen) Parties notified.(bcampos, 1) (Entered: 01/15/2015)

Jan. 15, 2015 PACER
96

ORDER entered. The Court hereby imposes the following deadlines: 1) Plaintiffs shall file any supplemental pleading adding the State of Tennessee as a party-plaintiff by January 23, 2015; 2) Any responsive pleading by Defendants to Plaintiffs' above-referenced supplemental pleading shall be filed on or before January 30, 2015; and 3) Defendants shall file any responses to Plaintiffs' Reply in Support of their Motion for Preliminary Injunction on or before January 30, 2015. (Signed by Judge Andrew S. Hanen) Parties notified.(jtabares, 1) (Entered: 01/15/2015)

Jan. 15, 2015 PACER
97

MOTION for Gabriel Markoff to Appear Pro Hac Vice by Jane Doe #1, Jane Doe #2, Jane Doe #3, filed. Motion Docket Date 2/6/2015. (avleal, 1) (Entered: 01/16/2015)

Jan. 16, 2015 PACER
98

MOTION for J. Jorge deNeve to Appear Pro Hac Vice by Jane Doe #1, Jane Doe #2, Jane Doe #3, filed. Motion Docket Date 2/6/2015. (avleal, 1) (Entered: 01/16/2015)

Jan. 16, 2015 PACER
99

ORDER entered. The Court hereby cancels the initial pretrial conference scheduled for March 31, 2015. (Signed by Judge Andrew S. Hanen) Parties notified.(bcampos, 1) (Entered: 01/16/2015)

Jan. 16, 2015 RECAP
100

AO 435 TRANSCRIPT ORDER FORM by Kyle Freeny. This is to order a transcript of Motion Hearing held on 01/15/2015 before Judge Andrew S. Hanen (original). Court Reporter/Transcriber: Barbara Barnard, filed. (dahumada, 1) (Entered: 01/16/2015)

Jan. 16, 2015 PACER

State / Territory: Texas

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Dec. 3, 2014

Closing Date: Sept. 12, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Twenty-two states, one state AG, and four governors.

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The United States of America, Federal

U.S. Customs and Border Protection (Washington), Federal

U.S. Immigration and Customs Enforcement (Washington), Federal

U.S. Citizenship and Immigration Services (Washington), Federal

U.S. Department of Homeland Security, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Mandamus, 28 U.S.C. § 1361

Constitutional Clause(s):

Federalism (including 10th Amendment)

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Form of Settlement:

Voluntary Dismissal

Order Duration: 2015 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Classification / placement

Drivers Licenses

Education

Family reunification

Funding

Government Services

Public assistance grants

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Records Disclosure

Benefit Source:

DACA (Deferred Action for Childhood Arrivals)

Immigration/Border:

Deportation - criteria

Deportation - judicial review

Employment

Family Separation

Status/Classification

Undocumented immigrants - rights and duties

Undocumented immigrants - state and local regulation

Work authorization - criteria

Work authorization - procedures