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Case: City of El Cenizo v. State of Texas

5:17-cv-00404 | U.S. District Court for the Western District of Texas

Filed Date: May 8, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

This suit challenged Texas's "Sanctuary City" legislation, Senate Bill 4 (SB4), which required local Texas law enforcement to cooperate with federal immigration officials and punished them if they did not. Unlike the other suits in this special collection, this suit did not challenge President Trump's "Sanctuary City" Executive Order. At the time of this writing, there were three other cases addressing SB4 (in addition to this one). This case was before Judge Orlando L. Garcia, as was El Paso C…

This suit challenged Texas's "Sanctuary City" legislation, Senate Bill 4 (SB4), which required local Texas law enforcement to cooperate with federal immigration officials and punished them if they did not. Unlike the other suits in this special collection, this suit did not challenge President Trump's "Sanctuary City" Executive Order.

At the time of this writing, there were three other cases addressing SB4 (in addition to this one). This case was before Judge Orlando L. Garcia, as was El Paso County v. Texas, No. 17-cv-00459 (W.D. Tex.), IM-TX-0046, and City of San Antonio, Texas v. State of Texas, No. 17-cv-00489 (W.D. Tex.), IM-TX-0047. The final case, Texas v. Travis County, No. 17-cv-00425 (W.D. Tex.), IM-TX-0044, was before Judge Sparks.

The three cases pending before Judge Garcia were brought by pro-immigration cities and counties seeking an injunction barring implementation of SB4. The other case was brought by Texas, which sought a declaratory judgment to uphold SB4 against pro-immigration cities and counties. On June 6, Judge Garcia ordered a consolidation of this case with the San Antonio and El Paso cases, with this case becoming the lead case in the consolidation. The Travis County case, however, remained separate.

On this case:

On May 8, 2017, the City of El Cenizo filed a complaint in the United States District Court for the Western District of Texas. 2017 WL 1950681 (W.D.Tex.). The suit alleged that SB4 violated the 10th Amendment by commandeering local government and that it was preempted under federal immigration law. The City also complained that SB4's “endorse” prohibition violated the First and Fourteenth Amendments, that its ICE-detainer mandate violated the Fourth Amendment, and that its “materially limits” phrase was unconstitutionally vague under the Fourteenth Amendment. Plaintiffs sought declaratory and injunctive relief.

Numerous procedural developments took place over the summer as the plaintiffs sought a preliminary injunction. The defendants sought to dismiss the cases and numerous entities sought to intervene.

The plaintiffs filed a first amended complaint on May 18. 2017 WL 10900157. And they filed a second amended complaint on June 8 once the claims were consolidated. 2017 WL 9362206. The plaintiffs moved again for a preliminary injunction on June 5, 2017. The defendants moved to dismiss the consolidated case. The court allowed the City of Austin to intervene on June 12, 2017 and Austin filed an intervenor complaint that day. The plaintiffs filed another amended complaint on June 19, 2017. The same day, the plaintiffs and intervenors issued four separate motions for preliminary injunction.

On June 21, 2017, Texas moved to dismiss the City of Austin’s complaint in intervention and El Paso County’s first amended complaint. Later that week, Judge Garcia granted two motions to intervene: to Travis County and the City of Dallas. On June 28 and 29, 2017, the state of Texas filed a series of motions to dismiss. The court allowed the City of Houston and the Texas Association of Hispanic County Judges and County Commissioners to intervene on June 30, 2017. On July 14, 2017, the defendants filed motions to dismiss two complaints on intervention (the City of Houston and the Texas Association of Hispanic County Judges & County Commissioners). The plaintiffs filed an amended complaint on July 20, 2017, to which the defendants responded with a motion to dismiss. The court dismissed Texas' motion to dismiss El Paso County's complaint on August 15, 2017.

SB4 was set to go into effect on September 1, 2017, however on August 30 Judge Garcia granted a preliminary injunction enjoining Texas from enforcing certain provisions of the law that were preempted by federal law. 264 F. Supp. 3d 744 (W.D. Tex. 2017). In particular, Judge Garcia blocked the portion of SB4 that stated that local government officials may not "adopt, enforce, or endorse a policy under which the entity or department prohibits or materially limits the enforcement of immigration laws." The following day, the defendants appealed that injunction and filed a motion to stay pending the appeal. The motion to stay was denied.

Meanwhile, the following entities submitted briefs in support of the motion for a preliminary injunction: El Paso County, Travis County, the City of Austin, the City of San Antonio, the City of Dallas, the City of Houston, the City of San Marcos, the El Cenzino plaintiffs, the Anti-Defamation League, the Harris County attorney at the time, Major Cities Chiefs Association, Police Executive Research Forum, the United States Conference of Mayors, the National Human Rights Commission of Mexico, and a Houston-based law firm specializing in immigration law.

At the appeals court, on September 25, 2017, the Fifth Circuit denied in part and granted in part the defendants' motion to stay the preliminary injunction while appeal was pending. 2017 WL 4250186. The court granted stay for the injunction on the enforcement of an SB4 provision that local entities could not "prohibit" immigration law enforcement by inhibiting cooperation with federal immigration officers. The court also stayed the injunction on the provision requiring enforcement agencies to comply with detainer requests issued by ICE. The plaintiffs then appealed to the Fifth Circuit on September 29 from the denial of their relief in the preliminary injunction order. Oral argument was held on November 7, 2017.

The Fifth Circuit reversed the injunction on March 13, 2018, holding that SB4 did not violate the constitution with the exception of the prohibition on "endors[ing] a policy under which the entity or department prohibits or materially limits the enforcement of immigration laws." 885 F.3d 332 (5th Cir. 2018). The court struck down that part of the statute, finding that it violated the First Amendment and lacked a limiting principle. As to upholding the remainder of the statute, the court did not find that SB4 conflicted with federal law so as to warrant preemption, nor did it find that the remainder of the statute violated the constitution. The court found that the law's mandate that local law enforcement was to comply with ICE detainer requests did not facially violate the Fourth Amendment, though it left the door open for an as-applied challenge should violations occur or ICE policy change. The court found that the provision forbidding policies or practices that "materially limit[]" the enforcement of immigration laws was not facially vague. The court also remanded the case.

The plaintiffs petitioned the Fifth Circuit for a rehearing en banc, which was granted. Many amici were represented at this stage, including the states of West Virginia, Louisiana, Alabama, and many others in support of Texas. Amici in support of the plaintiffs included the Major Cities Chiefs Association, U.S. Conference of Mayors, Lawyer's Committee for Civil Rights, Texas Senate Hispanic Caucus, Mexican American Legislative Caucus, Interfaith Coalition of Clergy and Religious Organizations, and many others.

On May 8, 2018, the Fifth Circuit sitting en banc upheld SB4 in its entirety, with the exception of the application of the "endorsement" prohibition of Tex. Gov't Code § 752.053(a)(1) to Texas officials, in an opinion which withdrew and superseded its March opinion. 890 F.3d 164 (5th Cir. 2018). The case was ordered remanded to the district court to vacate the remaining injunction provisions that had halted full implementation of SB4. The court held that Texas law was not preempted by federal law in this case, because while federal law regulates how local entities may cooperate in immigration enforcement, SB4 specifies whether they cooperate. It confirmed that the endorsement prohibition could not pass muster under the First Amendment. Most critically, the court found that the immigration detainer provision was not facially unconstitutional under the Fourth Amendment, and that the Constitution does not require probable cause of criminality to detain in the immigration context. The phrase “materially limits” in the provision forbidding any policy or pattern or practice that prohibits or materially limits the enforcement of the immigration laws, was not unconstitutionally vague under the Fourteenth Amendment; and the Texas constitution did not prevent Texas from preempting cities' home-rule authority in passing SB4.

According to the ACLU, this meant that local officials were free to speak out against laws like SB4 that would require cooperation with federal immigration enforcement. For example, sheriffs and police chiefs can continue to speak publicly about why asking about immigration status is a poor police practice that harms public safety. However, because of the Fifth Circuit's May 2018 decision, local Texas officials were obligated under SB4 to assist in federal immigration enforcement, and could face penalties for declining requests to assist with federal immigration agents.

However, the preliminary injunction had not covered the statute in its entirety. On April 22, 2019, the court stated as much in an order requesting an update from the parties as to the status of the litigation. The court reiterated that after the appeal, neither of the parties had continued to litigate though live claims still remained.

On September 12, 2019, the El Cenizo and Travis County plaintiffs and the cities of Houston and Dallas filed to voluntarily dismiss their remaining claims with prejudice. In light of the failure of the facial challenge to SB4 and the Fifth Circuit's opinion, these plaintiffs no longer wanted to pursue the remaining as-applied claims.

But on December 13, 2019, the City of Austin filed an amended complaint. It sought a declaratory judgment that SB4 violated the First Amendment because it penalized city officials for protected speech that "endorsed" policies contradicting SB4. It also sought an injunction against its enforcement. The city of El Paso and its official in their official capacity, along with Project Education Fund and MOVE Texas, also filed an amended complaint on December 13. They alleged that SB4 imposed unconstitutional mandates on local governments, facilitated discriminatory policing, chilled protected speech, and was pretext for discriminatory intent. They claimed that the ordinance violated Fourteenth Amendment Equal Protection and the First Amendment. They sought declaratory relief and an injunction against SB4's enforcement, as well as attorneys' fees and costs.

The case is ongoing.

Summary Authors

Jamie Kessler (8/31/2017)

Virginia Weeks (3/28/2018)

Veronica Portillo Heap (4/7/2019)

Related Cases

Texas v. Travis County, Western District of Texas (2017)

El Paso County v. State of Texas, Western District of Texas (2017)

City of San Antonio v. Texas, Western District of Texas (2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6079557/parties/city-of-el-cenizo-texas-v-state-of-texas/


Judge(s)

Dennis, James L. (Louisiana)

Garcia, Orlando Luis (Texas)

Higginson, Stephen Andrew (Louisiana)

Southwick, Leslie (Mississippi)

Sparks, Sam (Texas)

Attorneys(s) for Plaintiff

Amdur, Spencer (New York)

Gelernt, Lee (New York)

Golando, Martin (Texas)

Gonzalez, Raed (Texas)

Hicks, Max Renea (Texas)

Judge(s)

Dennis, James L. (Louisiana)

Garcia, Orlando Luis (Texas)

Higginson, Stephen Andrew (Louisiana)

Southwick, Leslie (Mississippi)

Sparks, Sam (Texas)

Attorneys(s) for Plaintiff

Amdur, Spencer (New York)

Gelernt, Lee (New York)

Golando, Martin (Texas)

Gonzalez, Raed (Texas)

Hicks, Max Renea (Texas)

Hoffman, Lonny (Texas)

Jadwat, Omar C. (New York)

Kang, Stephen B. (California)

Martinez, Grant (Texas)

McCord, Mary B. (District of Columbia)

Rodriguez, Stacy Jordan (Texas)

Rosenberg, Barbara Elaine (Texas)

Saenz, Thomas A. (Texas)

Saldivar, Edgar (Texas)

Segura, Andre Ivan (New York)

Soto, Ramon A (Texas)

Trigilio [DUP], Trisha (Texas)

Vera, Luis R. Jr. (Texas)

Wang, Cecillia D (California)

Wofsy, Cody H. (California)

Yetter, R. Paul (Texas)

Attorneys(s) for Defendant

Barker, John Campbell (Texas)

Biggs, Adam Arthur (Texas)

Colmenero, Angela Veronica (Texas)

Cuenin, Ari (Texas)

Deane, William T. (Texas)

Flammer, Sean (Texas)

Ginn, Lesli Gattis (Texas)

Hacker, David J. (Texas)

Keller, Scott A. (Texas)

Leonie, Andrew D. (Texas)

Mateer, Jeffrey C. (Texas)

McCarty, Darren L. (Texas)

Nimocks, Austin R. (District of Columbia)

Paxton, Ken (Texas)

Starr, Brantley David (Texas)

Stonedale, Joel (Texas)

Sullivan, John C. (Texas)

Thompson, William Thomas (Texas)

Toth, Michael C. (Texas)

White, Eric A. (Texas)

Other Attorney(s)

Arth, Ariane Vokes (Texas)

Badlani, Chirag (Illinois)

Behar, Jose Jorge (Illinois)

Bernal, Jo Anne (Texas)

Birring, Sameer Singh (Texas)

Bono, Marisa (Texas)

Bresner, Rachel G. (New York)

Casey, Patricia L. (Texas)

Casto, Larry E. (Texas)

Coppola, Christopher John (Texas)

Cosentino, Michael J. (Texas)

De Leon, Fernando (Texas)

Dummer, David W. (Texas)

Eiserloh, Laurie R (Texas)

Ellwanger, Jay D. (Texas)

Escamilla, David A. (Texas)

Estee, Charles (Texas)

Freeman, Steven M. (New York)

Garza, Jose (Texas)

Gonzales, Raed (Texas)

Harrington, James C (Texas)

Hethmon, Michael M. (District of Columbia)

Jones, Lauren A. (New York)

Klein, Deborah Lynne (Texas)

Labadie, Tim (Texas)

Lederer, Caryn C (Illinois)

Lemond, Connica (Texas)

Lewis, Ronald C. (Texas)

Marziani, Mimi Murray Digby (Texas)

Moran, Michael Patrick (Texas)

Moreno, Celina Ysela (Texas)

Morgan, Anne L. (Texas)

Nelson, Anthony J. (Texas)

Olivares, Efren Carlos (Texas)

Peachey, William Charles (District of Columbia)

Peddie, Collyn Ann (Texas)

Pellegrini, Tanya G. (California)

Perales, Nina (Texas)

Piers, Matthew J. (Illinois)

Ramsey, Judith L. (Texas)

Readler, Chad Andrew (District of Columbia)

Reuveni, Erez (District of Columbia)

Riley, Meghan L. (Texas)

Rios, Rolando Leo (Texas)

Salem, Naimeh (Texas)

Salmon, John Paul (Texas)

Sanchez, Jose F. (California)

Senteno, Andrea E. (District of Columbia)

Siegel, Michael (Texas)

Suniga, Noel Anthony (New Mexico)

Szczepanik, Cory D. (Texas)

Talley, Sharon (Texas)

Thomas, Sherine Elizabeth (Texas)

Wechkin, Robin E. (Washington)

Expert/Monitor/Master

Hays, Susan (Texas)

Documents in the Clearinghouse

Document

5:17-cv-00404

Docket [PACER]

City of El Cenizo v. Texas

Jan. 16, 2020

Jan. 16, 2020

Docket

17-50763

Docket

Texas v. Travis County, Texas

U. S. Court of Appeals for the Fifth Circuit

March 29, 2021

March 29, 2021

Docket
24

5:17-cv-00404

Application for Preliminary Injunction

City of El Cenizo v. Texas

June 5, 2017

June 5, 2017

Pleading / Motion / Brief
25

5:17-cv-00404

Amicus Brief Opposing Defendants' Opposed Motion to Dismiss or Transfer

City of El Cenizo v. Texas

June 5, 2017

June 5, 2017

Pleading / Motion / Brief
32

5:17-cv-00404

Defendants' Motion to Dismiss or Transfer the Consolidated Cases

City of El Cenizo v. Texas

June 8, 2017

June 8, 2017

Pleading / Motion / Brief
31

5:17-cv-00404

Second Amended Complaint for Declaratory and Injunctive Relief

City of El Cenizo v. Texas

June 8, 2017

June 8, 2017

Complaint
37

5:17-cv-00404

City of Austin's Complaint in Intervention

City of San Antonio (Plaintiff) and City of Austin (Plaintiff-Intervenor) v. Texas

June 12, 2017

June 12, 2017

Complaint
56

5:17-cv-00404

Consolidated Plaintiffs El Paso County, et al's Emergency Application for a Preliminary Injunction

June 19, 2017

June 19, 2017

Pleading / Motion / Brief
59

5:17-cv-00404

City of Austin's Opposed Motion for Judicial Notice

June 19, 2017

June 19, 2017

Pleading / Motion / Brief
58

5:17-cv-00404

Plaintiff-Intervenors Travis County, Travis County Judge Sarah Eckhardt and Travic County Sheriff Sally Hernandez's Application for Preliminary Injunction

June 19, 2017

June 19, 2017

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6079557/city-of-el-cenizo-texas-v-state-of-texas/

Last updated Nov. 28, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Ciy of El Cenizo vs State of Texas ( Filing fee $ 400 receipt number 0542-9566863). No Summons requested at this time, filed by City Of El Cenizo. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Civil Cover Sheet)(Vera, Luis) (Entered: 05/08/2017)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Civil Cover Sheet

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May 8, 2017

May 8, 2017

RECAP
2

NOTICE of Attorney Appearance by Max Renea Hicks on behalf of City Of El Cenizo, Mario A. Hernandez, League Of United Latin American Citizens, Raul L. Reyes, Tom Schmerber. Attorney Max Renea Hicks added to party City Of El Cenizo(pty:pla), Attorney Max Renea Hicks added to party Mario A. Hernandez(pty:pla), Attorney Max Renea Hicks added to party League Of United Latin American Citizens(pty:pla), Attorney Max Renea Hicks added to party Raul L. Reyes(pty:pla), Attorney Max Renea Hicks added to party Tom Schmerber(pty:pla) (Hicks, Max) (Entered: 05/14/2017)

May 14, 2017

May 14, 2017

PACER
3

REQUEST FOR ISSUANCE OF SUMMONS by City Of El Cenizo, Mario A. Hernandez, League Of United Latin American Citizens, Raul L. Reyes, Tom Schmerber. (Hicks, Max) (Entered: 05/18/2017)

May 18, 2017

May 18, 2017

PACER
4

AMENDED COMPLAINT First Amended Complaint against All Defendants amending, filed by City Of El Cenizo.(Vera, Luis) (Entered: 05/18/2017)

May 18, 2017

May 18, 2017

RECAP
5

Summons Issued as to Greg Abbott, Ken Paxton, State Of Texas. (rf) (Entered: 05/19/2017)

May 19, 2017

May 19, 2017

PACER
6

SUMMONS Returned Executed by Mario A. Hernandez, City Of El Cenizo, Tom Schmerber, Raul L. Reyes, League Of United Latin American Citizens. State Of Texas served on 5/19/2017, answer due 6/9/2017. (Hicks, Max) (Entered: 05/19/2017)

May 19, 2017

May 19, 2017

PACER
7

SUMMONS Returned Executed by Mario A. Hernandez, City Of El Cenizo, Tom Schmerber, Raul L. Reyes, League Of United Latin American Citizens. Greg Abbott served on 5/19/2017, answer due 6/9/2017. (Hicks, Max) (Entered: 05/19/2017)

May 19, 2017

May 19, 2017

PACER
8

SUMMONS Returned Executed by Mario A. Hernandez, City Of El Cenizo, Tom Schmerber, Raul L. Reyes, League Of United Latin American Citizens. Ken Paxton served on 5/19/2017, answer due 6/9/2017. (Hicks, Max) (Entered: 05/19/2017)

May 19, 2017

May 19, 2017

PACER
9

NOTICE of Attorney Appearance by Edgar Saldivar on behalf of City of El Cenizo, Texas, Mario A. Hernandez, League Of United Latin American Citizens, Maverick County, Raul L. Reyes, Tom Schmerber. Attorney Edgar Saldivar added to party City of El Cenizo, Texas(pty:pla), Attorney Edgar Saldivar added to party Mario A. Hernandez(pty:pla), Attorney Edgar Saldivar added to party League Of United Latin American Citizens(pty:pla), Attorney Edgar Saldivar added to party Maverick County(pty:pla), Attorney Edgar Saldivar added to party Raul L. Reyes(pty:pla), Attorney Edgar Saldivar added to party Tom Schmerber(pty:pla) (Saldivar, Edgar) (Entered: 05/24/2017)

May 24, 2017

May 24, 2017

PACER
10

MOTION to Appear Pro Hac Vice by Edgar Saldivar for Andre Segura ( Filing fee $ 100 receipt number 0542-9619382) by on behalf of City of El Cenizo, Texas, Mario A. Hernandez, League Of United Latin American Citizens, Maverick County, Raul L. Reyes, Tom Schmerber. (Saldivar, Edgar) (Entered: 05/24/2017)

May 24, 2017

May 24, 2017

PACER
11

MOTION to Appear Pro Hac Vice by Edgar Saldivar for Cody Wofsy ( Filing fee $ 100 receipt number 0542-9619403) by on behalf of City of El Cenizo, Texas, Mario A. Hernandez, League Of United Latin American Citizens, Maverick County, Raul L. Reyes, Tom Schmerber. (Saldivar, Edgar) (Entered: 05/24/2017)

May 24, 2017

May 24, 2017

PACER
12

MOTION to Appear Pro Hac Vice by Edgar Saldivar for Omar Jadwat ( Filing fee $ 100 receipt number 0542-9619417) by on behalf of City of El Cenizo, Texas, Mario A. Hernandez, League Of United Latin American Citizens, Maverick County, Raul L. Reyes, Tom Schmerber. (Saldivar, Edgar) (Entered: 05/24/2017)

May 24, 2017

May 24, 2017

PACER
13

MOTION to Appear Pro Hac Vice by Edgar Saldivar for Spence Amdur ( Filing fee $ 100 receipt number 0542-9619426) by on behalf of City of El Cenizo, Texas, Mario A. Hernandez, League Of United Latin American Citizens, Maverick County, Raul L. Reyes, Tom Schmerber. (Saldivar, Edgar) (Entered: 05/24/2017)

May 24, 2017

May 24, 2017

PACER
14

Opposed MOTION to Transfer Case by Greg Abbott, Ken Paxton, State Of Texas. (Attachments: # 1 Memo in Support Memo in Support of Motion to Transfer, # 2 Proposed Order Proposed Order Granting Motion to Transfer)(McCarty, Darren) (Entered: 05/24/2017)

1 Memo in Support Memo in Support of Motion to Transfer

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2 Proposed Order Proposed Order Granting Motion to Transfer

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May 24, 2017

May 24, 2017

PACER
15

NOTICE of Attorney Appearance by Darren L. McCarty on behalf of Greg Abbott, Ken Paxton, State Of Texas. Attorney Darren L. McCarty added to party Greg Abbott(pty:dft), Attorney Darren L. McCarty added to party Ken Paxton(pty:dft), Attorney Darren L. McCarty added to party State Of Texas(pty:dft) (McCarty, Darren) (Entered: 05/25/2017)

May 25, 2017

May 25, 2017

PACER
16

NOTICE of Attorney Appearance by Andrew Drake Leonie, III on behalf of Greg Abbott, Ken Paxton, State Of Texas. Attorney Andrew Drake Leonie, III added to party Greg Abbott(pty:dft), Attorney Andrew Drake Leonie, III added to party Ken Paxton(pty:dft), Attorney Andrew Drake Leonie, III added to party State Of Texas(pty:dft) (Leonie, Andrew) (Entered: 05/25/2017)

May 25, 2017

May 25, 2017

PACER
17

NOTICE of Attorney Appearance by David Austin Robert Nimocks on behalf of Greg Abbott, Ken Paxton, State Of Texas. Attorney David Austin Robert Nimocks added to party Greg Abbott(pty:dft), Attorney David Austin Robert Nimocks added to party Ken Paxton(pty:dft), Attorney David Austin Robert Nimocks added to party State Of Texas(pty:dft) (Nimocks, David) (Entered: 05/25/2017)

May 25, 2017

May 25, 2017

PACER
18

NOTICE of Attorney Appearance by David Jonathan Hacker on behalf of Greg Abbott, Ken Paxton, State Of Texas. Attorney David Jonathan Hacker added to party Greg Abbott(pty:dft), Attorney David Jonathan Hacker added to party Ken Paxton(pty:dft), Attorney David Jonathan Hacker added to party State Of Texas(pty:dft) (Hacker, David) (Entered: 05/25/2017)

May 25, 2017

May 25, 2017

PACER
19

MOTION to Appear Pro Hac Vice by Edgar Saldivar for Cecillia Wang ( Filing fee $ 100 receipt number 0542-9628032) by on behalf of City of El Cenizo, Texas, Mario A. Hernandez, League Of United Latin American Citizens, Maverick County, Raul L. Reyes, Tom Schmerber. (Saldivar, Edgar) (Entered: 05/26/2017)

May 26, 2017

May 26, 2017

PACER
20

MOTION to Appear Pro Hac Vice by Edgar Saldivar for Lee Gelernt ( Filing fee $ 100 receipt number 0542-9628040) by on behalf of City of El Cenizo, Texas, Mario A. Hernandez, League Of United Latin American Citizens, Maverick County, Raul L. Reyes, Tom Schmerber. (Saldivar, Edgar) (Entered: 05/26/2017)

May 26, 2017

May 26, 2017

PACER
21

Response in Opposition to Motion, filed by City of El Cenizo, Texas, Mario A. Hernandez, League Of United Latin American Citizens, Maverick County, Raul L. Reyes, Tom Schmerber, re 14 Opposed MOTION to Transfer Case filed by Defendant Ken Paxton, Defendant State Of Texas, Defendant Greg Abbott (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit, # 4 Proposed Order)(Hicks, Max) (Entered: 05/31/2017)

1 Affidavit

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2 Exhibit

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3 Exhibit

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4 Proposed Order

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May 31, 2017

May 31, 2017

PACER
22

ADVISORY TO THE COURT by City of El Cenizo, Texas, Mario A. Hernandez, League Of United Latin American Citizens, Maverick County, Raul L. Reyes, Tom Schmerber. (Attachments: # 1 Exhibit)(Hicks, Max) (Entered: 05/31/2017)

1 Exhibit

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May 31, 2017

May 31, 2017

PACER
23

MOTION for Leave to File Brief by Mexican American Legal Defense and Education Fund. (Attachments: # 1 Proposed Order, # 2 Amicus Brief)(rg) (Entered: 06/01/2017)

1 Proposed Order

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2 Amicus Brief

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May 31, 2017

May 31, 2017

PACER
24

Opposed MOTION for Preliminary Injunction by City of El Cenizo, Texas. (Attachments: # 1 Memo in Support, # 2 Affidavit, # 3 Affidavit, # 4 Affidavit, # 5 Affidavit, # 6 Affidavit, # 7 Affidavit, # 8 Affidavit, # 9 Proposed Order)(Vera, Luis) (Entered: 06/05/2017)

1 Memo in Support

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2 Affidavit

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3 Affidavit

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4 Affidavit

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5 Affidavit

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6 Affidavit

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7 Affidavit

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8 Affidavit

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9 Proposed Order

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June 5, 2017

June 5, 2017

RECAP
25

Amicus Brief in Opposition to Motion, filed by Mexican American Legal Defense and Education Fund, re 14 Opposed MOTION to Dismiss or Transfer Case filed by Defendant Ken Paxton, Defendant State Of Texas, Defendant Greg Abbott (rg) (Entered: 06/05/2017)

June 5, 2017

June 5, 2017

PACER
27

ORDER Consolidating this case with SA17-CV-459 and SA17-CV-489; DENYING AS MOOT 14 Opposed MOTION to Transfer Case. Signed by Chief Judge Orlando L. Garcia. (rf) (Entered: 06/07/2017)

June 6, 2017

June 6, 2017

PACER
26

NOTICE Errata to correct minor errors. No changes in memorandum. by City of El Cenizo, Texas re 24 Opposed MOTION for Preliminary Injunction (Vera, Luis) (Entered: 06/07/2017)

June 7, 2017

June 7, 2017

PACER
28

Joint MOTION for Extension of Time to File Response to Preliminary Injunction and Extension of Pages by City of El Cenizo, Texas, Mario A. Hernandez, League Of United Latin American Citizens, Maverick County, Raul L. Reyes, Tom Schmerber. (Gelernt, Lee) (Entered: 06/07/2017)

June 7, 2017

June 7, 2017

PACER
29

ORDER Setting Hearing on 24 Opposed MOTION for Preliminary Injunction : Motion Hearing set for 6/26/2017 09:30 AM before Chief Judge Orlando L. Garcia,. Signed by Chief Judge Orlando L. Garcia. (rf) (Entered: 06/07/2017)

June 7, 2017

June 7, 2017

RECAP
30

REQUEST FOR ISSUANCE OF SUMMONS by City of San Antonio, La Union Del Pueblo Entero, Inc., Rey A. Saldana, Texas Association of Chicanos in Higher Education, Workers Defense Project. (Perales, Nina) (Entered: 06/08/2017)

June 8, 2017

June 8, 2017

PACER
31

AMENDED COMPLAINT Second Amended clarifying entity LULAC as Texas LULAC. Absolutely No changes to substance of complaint, against All Defendants amending, filed by City of El Cenizo, Texas.(Vera, Luis) (Entered: 06/08/2017)

June 8, 2017

June 8, 2017

PACER
32

Opposed MOTION to Dismiss the Consolidated Cases, Opposed MOTION to Transfer Case to the Austin Division by Greg Abbott, Steve McCraw, Ken Paxton, State Of Texas, Texas Department of Public Safety. (Attachments: # 1 Brief in Support, # 2 Proposed Order)(McCarty, Darren) (Entered: 06/08/2017)

1 Brief in Support

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2 Proposed Order

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June 8, 2017

June 8, 2017

PACER
33

MOTION to Intervene by Judge Sarah Eckhardt, Sheriff Sally Hernandez, Travis County. (Attachments: # 1 Complaint in Intervention, # 2 Exhibit, # 3 Proposed Order)(rg) (Entered: 06/09/2017)

1 Complaint in Intervention

View on PACER

2 Exhibit

View on PACER

3 Proposed Order

View on PACER

June 8, 2017

June 8, 2017

PACER
42

Summons Issued as to Greg Abbott, Ken Paxton. (rg) (Entered: 06/15/2017)

June 8, 2017

June 8, 2017

PACER
34

MOTION to Appear Pro Hac Vice by Edgar Saldivar for Stephen Kang ( Filing fee $ 100 receipt number 0542-9675683) by on behalf of City of El Cenizo, Texas, Mario A. Hernandez, League Of United Latin American Citizens, Maverick County, Raul L. Reyes, Tom Schmerber. (Saldivar, Edgar) (Entered: 06/12/2017)

June 12, 2017

June 12, 2017

PACER
35

SUPPLEMENT to 33 Motion to Intervene by Judge Sarah Eckhardt, Sheriff Sally Hernandez, Travis County. (Attachments: # 1 Exhibit Application for Prelim Inj, # 2 Exhibit Exhibit 1 to Application for Prelim Inj)(Thomas, Sherine) Modified on 6/13/2017 (rg). (Entered: 06/12/2017)

1 Exhibit Application for Prelim Inj

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2 Exhibit Exhibit 1 to Application for Prelim Inj

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June 12, 2017

June 12, 2017

PACER
36

ORDERED that the City of Austin's motion to intervene (docket no. 6 filed in SA-17-CV-489) is GRANTED. Signed by Chief Judge Orlando L. Garcia. (rg) (Entered: 06/13/2017)

June 12, 2017

June 12, 2017

PACER
37

INTERVENOR COMPLAINT, filed by City Of Austin, against Greg Abbott and Ken Paxton.(rg) (Entered: 06/13/2017)

June 12, 2017

June 12, 2017

RECAP
38

Joint MOTION to Extend Scheduling Order Deadlines by City of San Antonio, La Union Del Pueblo Entero, Inc., Rey A. Saldana, Texas Association of Chicanos in Higher Education, Workers Defense Project. (Attachments: # 1 Proposed Order)(Perales, Nina) (Entered: 06/14/2017)

1 Proposed Order

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June 14, 2017

June 14, 2017

PACER
39

RESPONSE to Motion, filed by Greg Abbott, Greg Abbott, Steve McCraw, Ken Paxton, Ken Paxton, State Of Texas, Texas Department of Public Safety, re 38 Joint MOTION to Extend Scheduling Order Deadlines filed by Consol Plaintiff Texas Association of Chicanos in Higher Education, Consol Plaintiff Workers Defense Project, Consol Plaintiff Rey A. Saldana, Consol Plaintiff City of San Antonio, Consol Plaintiff La Union Del Pueblo Entero, Inc. and Request for Expedited Ruling (Attachments: # 1 Proposed Order)(McCarty, Darren) (Entered: 06/14/2017)

1 Proposed Order

View on PACER

June 14, 2017

June 14, 2017

PACER
40

Response in Opposition to Motion, filed by Greg Abbott, Steve McCraw, Ken Paxton, State Of Texas, Texas Department of Public Safety, re 33 MOTION to Intervene filed by Intervenor Travis County, Intervenor Sheriff Sally Hernandez, Intervenor Judge Sarah Eckhardt and Response in Opposition to City of Austin's Motion to Intervene (Attachments: # 1 Proposed Order)(McCarty, Darren) (Entered: 06/15/2017)

1 Proposed Order

View on PACER

June 15, 2017

June 15, 2017

PACER
41

RESPONSE to Motion, filed by City of El Cenizo, Texas, re 38 Joint MOTION to Extend Scheduling Order Deadlines filed by Consol Plaintiff Texas Association of Chicanos in Higher Education, Consol Plaintiff Workers Defense Project, Consol Plaintiff Rey A. Saldana, Consol Plaintiff City of San Antonio, Consol Plaintiff La Union Del Pueblo Entero, Inc. (Vera, Luis) (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

PACER
43

Response in Opposition to Motion, filed by El Paso County, Texas Organizing Project Education Fund, Richard Wiles, re 32 Opposed MOTION to Dismiss the Consolidated CasesOpposed MOTION to Transfer Case to the Austin Division filed by Consol Defendant Steve McCraw, Defendant Ken Paxton, Defendant State Of Texas, Defendant Greg Abbott, Consol Defendant Texas Department of Public Safety (Attachments: # 1 Exhibit 1. Affidavit of M. Tremillo, # 2 Proposed Order)(Olivares, Efren) (Entered: 06/15/2017)

1 Exhibit 1. Affidavit of M. Tremillo

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2 Proposed Order

View on PACER

June 15, 2017

June 15, 2017

PACER
44

Response in Opposition to Motion, filed by City of El Cenizo, Texas, Mario A. Hernandez, League Of United Latin American Citizens, Maverick County, Raul L. Reyes, Tom Schmerber, re 32 Opposed MOTION to Dismiss the Consolidated CasesOpposed MOTION to Transfer Case to the Austin Division filed by Consol Defendant Steve McCraw, Defendant Ken Paxton, Defendant State Of Texas, Defendant Greg Abbott, Consol Defendant Texas Department of Public Safety (Attachments: # 1 Proposed Order)(Hicks, Max) (Entered: 06/15/2017)

1 Proposed Order

View on PACER

June 15, 2017

June 15, 2017

PACER
45

ORDER 38 Motion to Extend Scheduling Order is granted to the extent that a schedule has been requested, but otherwise denied. Movants must file their motions for preliminary injunction by Monday, June 19, 2017 at5:00 p.m. Defendants may file a response to all pending motions for preliminary injunction (including docket no. 24) by Friday, June 23, 2017 at 10:00 a.m. The parties must file a joint written advisory no later than 3:00 p.m. on Friday, June 23 on the estimated length of the hearing and whether they intend to present any evidence or simply oral arguments. Signed by Chief Judge Orlando L. Garcia. (rg) (Entered: 06/16/2017)

June 16, 2017

June 16, 2017

PACER
46

Opposed MOTION for Leave to Exceed Page Limitation for Response to Plaintiffs' Applications for Preliminary Injunction and Post-Hearing Briefing by Greg Abbott, Steve McCraw, Ken Paxton, State Of Texas, Texas Department of Public Safety. (Attachments: # 1 Proposed Order)(McCarty, Darren) (Entered: 06/16/2017)

1 Proposed Order

View on PACER

June 16, 2017

June 16, 2017

PACER
47

REPLY to Response to Motion, filed by Judge Sarah Eckhardt, Sheriff Sally Hernandez, Travis County, re 33 MOTION to Intervene filed by Intervenor Travis County, Intervenor Sheriff Sally Hernandez, Intervenor Judge Sarah Eckhardt, 35 MOTION to supplement Motion to Intervene filed by Intervenor Travis County, Intervenor Sheriff Sally Hernandez, Intervenor Judge Sarah Eckhardt (Thomas, Sherine) (Entered: 06/16/2017)

June 16, 2017

June 16, 2017

PACER
48

RESPONSE to Motion, filed by City of El Cenizo, Texas, Mario A. Hernandez, League Of United Latin American Citizens, Maverick County, Tom Schmerber, re 46 Opposed MOTION for Leave to Exceed Page Limitation for Response to Plaintiffs' Applications for Preliminary Injunction and Post-Hearing Briefing filed by Consol Defendant Steve McCraw, Defendant Ken Paxton, Defendant State Of Texas, Defendant Greg Abbott, Consol Defendant Texas Department of Public Safety (Hicks, Max) (Entered: 06/16/2017)

June 16, 2017

June 16, 2017

PACER
49

MOTION to Intervene by City of Dallas, Texas. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Estee, Charles) Modified on 6/19/2017 (rg). (Entered: 06/16/2017)

1 Exhibit

View on RECAP

2 Proposed Order

View on PACER

June 16, 2017

June 16, 2017

RECAP
50

DOCUMENT DEFICIENT - See Deficiency Notice #60. NOTICE of Attorney Appearance by John Paul Salmon on behalf of City of San Antonio, La Union Del Pueblo Entero, Inc., Rey A. Saldana, Texas Association of Chicanos in Higher Education, Workers Defense Project. Attorney John Paul Salmon added to party City of San Antonio(pty:conpla), Attorney John Paul Salmon added to party La Union Del Pueblo Entero, Inc.(pty:conpla), Attorney John Paul Salmon added to party Rey A. Saldana(pty:conpla), Attorney John Paul Salmon added to party Texas Association of Chicanos in Higher Education(pty:conpla), Attorney John Paul Salmon added to party Workers Defense Project(pty:conpla) (Salmon, John) Modified on 6/20/2017 (rg). (Entered: 06/19/2017)

June 19, 2017

June 19, 2017

PACER
51

AMENDED COMPLAINT against All Defendants amending, filed by Texas Organizing Project Education Fund, El Paso County, Richard Wiles.(Garza, Jose) (Entered: 06/19/2017)

June 19, 2017

June 19, 2017

PACER
52

Unopposed MOTION for Leave to Exceed Page Limitation for Brief in Support of Application for Preliminary Injunction by City of San Antonio, La Union Del Pueblo Entero, Inc., Rey A. Saldana, Texas Association of Chicanos in Higher Education, Workers Defense Project. (Attachments: # 1 Proposed Order)(Perales, Nina). (Entered: 06/19/2017)

1 Proposed Order

View on PACER

June 19, 2017

June 19, 2017

PACER
53

MOTION for Leave to Exceed Page Limitation by City Of Austin. (Attachments: # 1 Proposed Order)(Siegel, Michael) (Entered: 06/19/2017)

1 Proposed Order

View on PACER

June 19, 2017

June 19, 2017

PACER
54

Unopposed MOTION for Leave to Exceed Page Limitation for Memorandum in Support of Application for Preliminary Injunction by El Paso County, Texas Organizing Project Education Fund, Richard Wiles. (Attachments: # 1 Proposed Order)(Olivares, Efren) (Entered: 06/19/2017)

1 Proposed Order

View on PACER

June 19, 2017

June 19, 2017

PACER
55

MOTION for Preliminary Injunction by City of San Antonio, La Union Del Pueblo Entero, Inc., Rey A. Saldana, Texas Association of Chicanos in Higher Education, Workers Defense Project. (Attachments: # 1 Proposed Order)(Perales, Nina). (Entered: 06/19/2017)

1 Proposed Order

View on PACER

June 19, 2017

June 19, 2017

PACER
56

MOTION for Preliminary Injunction by El Paso County, Texas Organizing Project Education Fund, Richard Wiles. (Attachments: # 1 Exhibit Memorandum in Support of Application for Preliminary Injunction, # 2 Exhibit Index of Exhibits, # 3 Exhibit Declaration of Jo Anne Bernal, # 4 Exhibit Declaration of Texas House Representative Eddie Rodriguez, # 5 Exhibit Declaration of Texas Senator Jos Rodrguez, # 6 Exhibit Declaration of Michelle Tremillo, # 7 Exhibit Declaration of H. Drew Galloway, # 8 Proposed Order)(Olivares, Efren) (Entered: 06/19/2017)

1 Exhibit Memorandum in Support of Application for Preliminary Injunction

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2 Exhibit Index of Exhibits

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3 Exhibit Declaration of Jo Anne Bernal

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4 Exhibit Declaration of Texas House Representative Eddie Rodriguez

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5 Exhibit Declaration of Texas Senator Jos Rodrguez

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6 Exhibit Declaration of Michelle Tremillo

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7 Exhibit Declaration of H. Drew Galloway

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8 Proposed Order

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June 19, 2017

June 19, 2017

PACER
57

MOTION for Preliminary Injunction by City Of Austin. (Attachments: # 1 Affidavit Declaration of Gregorio Casar, # 2 Affidavit Declaration of Delia Garza, # 3 Affidavit Declaration of Steve Adler, # 4 Affidavit Declaration of Brian Manley, # 5 Affidavit Declaration of Sabino Renteria, # 6 Affidavit Declaration of Jacqueline Watson - Part 1, # 7 Affidavit Declaration of Jacqueline Watson - Part 2, # 8 Affidavit Declaration of Jacqueline Watson - Part 3, # 9 Affidavit Declaration of Jacqueline Watson - Part 4, # 10 Affidavit Declaration of Jacqueline Watson - Part 5, # 11 Affidavit Declaration of Jacqueline Watson - Part 6, # 12 Affidavit Declaration of Roland Swenson, # 13 Affidavit Declaration of Ben Johnson, # 14 Affidavit Public Statements by Governor Greg Abbott, # 15 Exhibit 2016 ICE Enforcement and Removal Operations Report, # 16 Exhibit Attorney General Memo Re: Sanctuary Jurisdictions, # 17 Exhibit Transcript: Judge Austin Describing Retaliatory Raids, # 18 Exhibit ICE Fact Sheet (Feb. 13, 2017), # 19 Proposed Order)(Siegel, Michael) (Entered: 06/19/2017)

1 Affidavit Declaration of Gregorio Casar

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2 Affidavit Declaration of Delia Garza

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3 Affidavit Declaration of Steve Adler

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4 Affidavit Declaration of Brian Manley

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5 Affidavit Declaration of Sabino Renteria

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6 Affidavit Declaration of Jacqueline Watson - Part 1

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7 Affidavit Declaration of Jacqueline Watson - Part 2

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8 Affidavit Declaration of Jacqueline Watson - Part 3

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9 Affidavit Declaration of Jacqueline Watson - Part 4

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10 Affidavit Declaration of Jacqueline Watson - Part 5

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11 Affidavit Declaration of Jacqueline Watson - Part 6

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12 Affidavit Declaration of Roland Swenson

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13 Affidavit Declaration of Ben Johnson

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14 Affidavit Public Statements by Governor Greg Abbott

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15 Exhibit 2016 ICE Enforcement and Removal Operations Report

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16 Exhibit Attorney General Memo Re: Sanctuary Jurisdictions

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17 Exhibit Transcript: Judge Austin Describing Retaliatory Raids

View on PACER

18 Exhibit ICE Fact Sheet (Feb. 13, 2017)

View on PACER

19 Proposed Order

View on PACER

June 19, 2017

June 19, 2017

RECAP
58

MOTION for Preliminary Injunction by Judge Sarah Eckhardt, Sheriff Sally Hernandez, Travis County. (Attachments: # 1 Exhibit 1 Declaration of Sally Hernandez, # 2 Proposed Order)(Thomas, Sherine) (Entered: 06/19/2017)

1 Exhibit 1 Declaration of Sally Hernandez

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2 Proposed Order

View on PACER

June 19, 2017

June 19, 2017

PACER
59

MOTION for Judicial Notice re 57 MOTION for Preliminary Injunction by City Of Austin. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Siegel, Michael) (Entered: 06/19/2017)

1 Exhibit

View on PACER

2 Proposed Order

View on PACER

June 19, 2017

June 19, 2017

PACER
62

MOTION to Appear Pro Hac Vice by Michael Meriwether Hethmon by Immigration Reform Law Institute. (Attachments: # 1 Exhibit, # 2 Proposed Order)(rg) (Entered: 06/20/2017)

1 Exhibit

View on PACER

2 Proposed Order

View on PACER

June 19, 2017

June 19, 2017

PACER
67

MOTION to Intervene by City of Dallas, Texas. (Attachments: # 1 Proposed Order, # 2 Cmp in Intervention)(rg) (Entered: 06/20/2017)

1 Proposed Order

View on PACER

2 Cmp in Intervention

View on PACER

June 19, 2017

June 19, 2017

PACER
77

Memorandum in Support of 55 MOTION for Preliminary Injunction by City of San Antonio, La Union Del Pueblo Entero, Inc., Rey A. Saldana, Texas Association of Chicanos in Higher Education, Workers Defense Project. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1-A, # 3 Exhibit 1-B, # 4 Exhibit 1-C, # 5 Exhibit 1-D, # 6 Exhibit 1-E, # 7 Exhibit 1-F, # 8 Exhibit 1-G)(rf) (Additional attachment(s) added on 6/23/2017: # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit) (rf). (Entered: 06/22/2017)

1 Exhibit 1

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2 Exhibit 1-A

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3 Exhibit 1-B

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4 Exhibit 1-C

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5 Exhibit 1-D

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6 Exhibit 1-E

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7 Exhibit 1-F

View on PACER

8 Exhibit 1-G

View on PACER

9 Exhibit

View on PACER

10 Exhibit

View on PACER

11 Exhibit

View on PACER

12 Exhibit

View on PACER

13 Exhibit

View on PACER

14 Exhibit

View on PACER

15 Exhibit

View on PACER

16 Exhibit

View on PACER

17 Exhibit

View on PACER

June 19, 2017

June 19, 2017

PACER
60

DEFICIENCY NOTICE: to attorney John Paul Salmon No certificate of service was included in pleading. Please file ONLY the certificate of service in the form of a pleading using the "Certificate of Service" event located under the 'Service of Process' menu. re 50 Notice of Appearance(rg) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

PACER
61

CERTIFICATE OF SERVICE by City of San Antonio, La Union Del Pueblo Entero, Inc., Rey A. Saldana, Texas Association of Chicanos in Higher Education, Workers Defense Project for John Paul Salmon's 50 Notice of Appearance,, (Perales, Nina) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

PACER
63

ORDER GRANTING 53 the City of Austin's Motion for Leave to File Excess Pages. Signed by Chief Judge Orlando L. Garcia. (rg) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

PACER
64

ORDER GRANTING 54 Plaintiff's Unopposed Motion for Leave to File Excess Pages. Signed by Chief Judge Orlando L. Garcia. (rg) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

PACER
65

ORDER GRANTING 52 for Leave to Exceed Page Limitation for Brief in Support of Application for Preliminary Injunction by City of San Antonio, La Union Del Pueblo Entero, Inc., Rey A. Saldana, Texas Association of Chicanos in Higher Education, Workers Defense Project Signed by Chief Judge Orlando L. Garcia. (rg) Modified on 6/20/2017 (rg). (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

RECAP
66

ORDER - re 32 Opposed MOTION to Dismiss the Consolidated Cases Opposed MOTION to Transfer Case to the Austin Division filed by Steve McCraw, Ken Paxton, State Of Texas, Greg Abbott, Texas Department of Public Safety will be held in abeyance pending a decision on subject matter jurisdiction in the case pending in the Austin division. Signed by Chief Judge Orlando L. Garcia. (rg) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

PACER
68

ORDER GRANTING 33 Motion to Intervene. Signed by Chief Judge Orlando L. Garcia. (rg) Modified on 6/20/2017 (rg). (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

PACER
69

NOTICE of Withdrawal by Greg Abbott, Steve McCraw, Ken Paxton, State Of Texas, Texas Department of Public Safety re 46 Opposed MOTION for Leave to Exceed Page Limitation for Response to Plaintiffs' Applications for Preliminary Injunction and Post-Hearing Briefing (McCarty, Darren) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

PACER
70

ORDER GRANTING 46 Granting Defendant's Opposed Motion for Leave to File Excess Pages Signed by Chief Judge Orlando L. Garcia. (rg) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

PACER
78

Intervenor COMPLAINT against State of Texas, Greg Abbott, Ken Paxtonfiled by Judge Sarah Eckhardt, Sheriff Sally Hernandez, Travis County. (Attachments: # 1 Exhibit 1)(rf) (Entered: 06/22/2017)

1 Exhibit 1

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June 20, 2017

June 20, 2017

PACER
79

MOTION for Preliminary Injunction by Judge Sarah Eckhardt, Sheriff Sally Hernandez, Travis County. (Attachments: # 1 Exhibit)(rf) (Entered: 06/22/2017)

1 Exhibit

View on PACER

June 20, 2017

June 20, 2017

RECAP
71

MOTION to Dismiss City of Austin's Complaint in Intervention, MOTION to Transfer Case to Austin Division by Greg Abbott, Steve McCraw, Ken Paxton, State Of Texas, Texas Department of Public Safety. (Attachments: # 1 Proposed Order)(McCarty, Darren) (Entered: 06/21/2017)

1 Proposed Order

View on PACER

June 21, 2017

June 21, 2017

PACER
72

MOTION to Dismiss El Paso County et al.'s First Amended Complaint, MOTION to Transfer Case to Austin Division by Greg Abbott, Steve McCraw, Ken Paxton, State Of Texas, Texas Department of Public Safety. (Attachments: # 1 Proposed Order)(McCarty, Darren) (Entered: 06/21/2017)

1 Proposed Order

View on PACER

June 21, 2017

June 21, 2017

PACER
73

NOTICE of appearance by United States (Reuveni, Erez) (Entered: 06/21/2017)

June 21, 2017

June 21, 2017

RECAP
74

NOTICE pursuant to 28 U.S.C. 517 regarding filing of statement of interest and addressing participation in oral argument by United States (Reuveni, Erez) (Entered: 06/21/2017)

June 21, 2017

June 21, 2017

RECAP
75

Unopposed MOTION for Leave to Exceed Page Limitation for Response to Plaintiffs' Applications for Preliminary Injunction (Amended) by Greg Abbott, Steve McCraw, Ken Paxton, State Of Texas, Texas Department of Public Safety. (Attachments: # 1 Proposed Order)(McCarty, Darren) (Entered: 06/21/2017)

1 Proposed Order

View on PACER

June 21, 2017

June 21, 2017

PACER
95

Pro Hac Vice Fee Paid by Michael Meriwether Hethmon; Filing fee $ 100, receipt number 500040089. (rf) (Entered: 06/23/2017)

June 21, 2017

June 21, 2017

PACER
76

NOTICE of Attorney Appearance by William T. Deane on behalf of Greg Abbott, Steve McCraw, Ken Paxton, State Of Texas, Texas Department of Public Safety. Attorney William T. Deane added to party Greg Abbott(pty:dft), Attorney William T. Deane added to party Steve McCraw(pty:condft), Attorney William T. Deane added to party Ken Paxton(pty:dft), Attorney William T. Deane added to party State Of Texas(pty:dft), Attorney William T. Deane added to party Texas Department of Public Safety(pty:condft) (Deane, William) (Entered: 06/22/2017)

June 22, 2017

June 22, 2017

PACER
80

MOTION to Intervene by Texas Association of Hispanic County Judges and County Commissioners. (Attachments: # 1 Proposed Order, # 2 Proposed Complaint of Intevention)(rf) (Entered: 06/22/2017)

1 Proposed Order

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2 Proposed Complaint of Intevention

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June 22, 2017

June 22, 2017

PACER
81

Corporate Disclosure Statement by Texas Association of Hispanic County Judges and County Commissioners re 80 MOTION to Intervene (rf) (Entered: 06/22/2017)

June 22, 2017

June 22, 2017

PACER
82

MOTION to Dismiss Travis County's Complaint in Intervention, MOTION to Transfer Case to Austin Division by Greg Abbott, Steve McCraw, Ken Paxton, State Of Texas, Texas Department of Public Safety. (Attachments: # 1 Proposed Order)(McCarty, Darren) (Entered: 06/22/2017)

1 Proposed Order

View on PACER

June 22, 2017

June 22, 2017

PACER
83

Witness List by City Of Austin. (Siegel, Michael) (Entered: 06/22/2017)

June 22, 2017

June 22, 2017

PACER
84

REPLY to Response to Motion, filed by Greg Abbott, Steve McCraw, Ken Paxton, State Of Texas, Texas Department of Public Safety, re 32 Opposed MOTION to Dismiss the Consolidated CasesOpposed MOTION to Transfer Case to the Austin Division filed by Consol Defendant Steve McCraw, Defendant Ken Paxton, Defendant State Of Texas, Defendant Greg Abbott, Consol Defendant Texas Department of Public Safety (McCarty, Darren) (Entered: 06/22/2017)

June 22, 2017

June 22, 2017

PACER
85

MOTION to Appear Pro Hac Vice by Nina Perales for Yolanda C. Garcia ( Filing fee $ 100 receipt number 0542-9717357) by on behalf of City of San Antonio, Rey A. Saldana. (Perales, Nina) (Entered: 06/22/2017)

June 22, 2017

June 22, 2017

PACER
86

MOTION to Appear Pro Hac Vice by Nina Perales for Jose F. Sanchez ( Filing fee $ 100 receipt number 0542-9717370) by on behalf of City of San Antonio, Rey A. Saldana. (Perales, Nina) (Entered: 06/22/2017)

June 22, 2017

June 22, 2017

PACER
87

MOTION to Appear Pro Hac Vice by Nina Perales for Cory D. Szczepanik ( Filing fee $ 100 receipt number 0542-9717379) by on behalf of City of San Antonio, Rey A. Saldana. (Perales, Nina) (Entered: 06/22/2017)

June 22, 2017

June 22, 2017

PACER
88

Unopposed MOTION for Leave to Exceed Page Limitation by Greg Abbott, Steve McCraw, Ken Paxton, State Of Texas, Texas Department of Public Safety. (Attachments: # 1 Proposed Order)(McCarty, Darren) (Entered: 06/23/2017)

1 Proposed Order

View on PACER

June 23, 2017

June 23, 2017

PACER
89

Response in Opposition to Motion, filed by Greg Abbott, Steve McCraw, Ken Paxton, State Of Texas, Texas Department of Public Safety, re 67 MOTION to Intervene filed by Intervenor Plaintiff City of Dallas, Texas (Attachments: # 1 Proposed Order)(McCarty, Darren) (Entered: 06/23/2017)

1 Proposed Order

View on PACER

June 23, 2017

June 23, 2017

PACER
90

Memorandum in Support Statement of Interest of the United States Pursuant to 28 U.S.C. § 517 by United States. (Reuveni, Erez) (Entered: 06/23/2017)

June 23, 2017

June 23, 2017

RECAP
91

Response in Opposition to Motion, filed by Greg Abbott, Steve McCraw, Ken Paxton, State Of Texas, Texas Department of Public Safety, re 56 MOTION for Preliminary Injunction filed by Consol Plaintiff Texas Organizing Project Education Fund, Consol Plaintiff Richard Wiles, Consol Plaintiff El Paso County, 58 MOTION for Preliminary Injunction filed by Intervenor Plaintiff Travis County, Intervenor Plaintiff Sheriff Sally Hernandez, Intervenor Plaintiff Judge Sarah Eckhardt, 55 MOTION for Preliminary Injunction filed by Consol Plaintiff Texas Association of Chicanos in Higher Education, Consol Plaintiff Workers Defense Project, Consol Plaintiff Rey A. Saldana, Consol Plaintiff City of San Antonio, Consol Plaintiff La Union Del Pueblo Entero, Inc., 24 Opposed MOTION for Preliminary Injunction filed by Plaintiff City of El Cenizo, Texas, 79 MOTION for Preliminary Injunction filed by Intervenor Plaintiff Travis County, Intervenor Plaintiff Sheriff Sally Hernandez, Intervenor Plaintiff Judge Sarah Eckhardt, 57 MOTION for Preliminary Injunction filed by Intervenor Plaintiff City Of Austin (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Proposed Order)(Starr, Brantley) (Entered: 06/23/2017)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

5 Proposed Order

View on PACER

June 23, 2017

June 23, 2017

PACER
92

** *DOCUMENT IS DEFICIENT - MISSING COUNSEL SIGNATURE AND CERTIFICATE OF SERVICE***AFFIDAVIT in Support of 57 MOTION for Preliminary Injunction Declaration of Angelos G. Angelou in Support of the City of Austin's Motion for Preliminary Injunction by City Of Austin. (Siegel, Michael) Modified on 6/23/2017, to designate deficiency (rf). (Entered: 06/23/2017)

June 23, 2017

June 23, 2017

PACER
93

Response in Opposition to Motion, filed by Greg Abbott, Steve McCraw, Ken Paxton, State Of Texas, Texas Department of Public Safety, re 59 MOTION for Judicial Notice re 57 MOTION for Preliminary Injunction filed by Intervenor Plaintiff City Of Austin (Attachments: # 1 Proposed Order)(McCarty, Darren) (Entered: 06/23/2017)

1 Proposed Order

View on PACER

June 23, 2017

June 23, 2017

PACER
94

ORDER GRANTING re 67 MOTION to Intervene filed by City of Dallas, Texas. Signed by Chief Judge Orlando L. Garcia. (mgr) (Entered: 06/23/2017)

June 23, 2017

June 23, 2017

PACER
96

INTERVENOR COMPLAINT, filed by City of Dallas, Texas.(mgr) Modified on 6/23/2017, to edit text (mgr). (Entered: 06/23/2017)

June 23, 2017

June 23, 2017

PACER
97

AFFIDAVIT in Support of 57 MOTION for Preliminary Injunction Declaration of Angelos G. Angelou (corrected per Court instruction) by City Of Austin. (Attachments: # 1 Affidavit Declaration of Angelos G. Angelou)(Siegel, Michael) (Entered: 06/23/2017)

1 Affidavit Declaration of Angelos G. Angelou

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June 23, 2017

June 23, 2017

PACER
98

ADVISORY TO THE COURT by City of San Antonio, La Union Del Pueblo Entero, Inc., Rey A. Saldana, Texas Association of Chicanos in Higher Education, Workers Defense Project. (Perales, Nina) (Entered: 06/23/2017)

June 23, 2017

June 23, 2017

PACER
99

MOTION to Intervene by The City of Houston. (Attachments: # 1 Proposed Order, # 2 Proposed Complaint of Intervention)(rf) (Entered: 06/23/2017)

1 Proposed Order

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2 Proposed Complaint of Intervention

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June 23, 2017

June 23, 2017

PACER
100

MOTION of Fernando De Leon to Appear Pro Hac Vice by The City of Houston. (rf) (Entered: 06/23/2017)

June 23, 2017

June 23, 2017

PACER

Case Details

State / Territory: Texas

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Multi-LexSum (in sample)

Key Dates

Filing Date: May 8, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

City of El Cenizo, El Paso, Houston, Dallas, Austin, MOVE Texas

Plaintiff Type(s):

City/County Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

ACLU Immigrants' Rights Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Texas, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Constitutional Clause(s):

Federalism (including 10th Amendment)

Freedom of speech/association

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Preliminary relief denied

Issues

General:

Disparate Impact

Funding

Discrimination-basis:

Immigration status

Immigration/Border:

Constitutional rights

Sanctuary city/state

Status/Classification

Undocumented immigrants - rights and duties

Undocumented immigrants - state and local regulation

National Origin/Ethnicity:

Hispanic