Case: El Paso County v. State of Texas

5:17-cv-00459 | U.S. District Court for the Western District of Texas

Filed Date: May 22, 2017

Closed Date: Oct. 24, 2017

Clearinghouse coding complete

Case Summary

This suit challenges Texas's "Sanctuary City" legislation, Senate Bill 4 (SB4), which requires local Texas law enforcement to cooperate with federal immigration officials and punishes them if they do not. Unlike the other suits in this special collection, this suit does not challenge President Trump's "Sanctuary City" Executive Order. To start with an overview, there are, so far, four cases addressing SB4. The four cases are: Texas v. Travis County, No. 1:17-cv-00425 (W.D. Tex.), before Judge S…

To start with an overview, there are, so far, four cases addressing SB4. The four cases are: Texas v. Travis County, No. 1:17-cv-00425 (W.D. Tex.), before Judge Sparks, and three matters before Judge Orlando L. Garcia: this one; City of El Cenizo v. State of Texas, No. 5:17-cv-00404 (W.D. Tex.); and City of San Antonio, Texas v. State of Texas, No. 5:17-cv-00489 (W.D. Tex.).

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 seeking a declaratory judgment upholding SB4, against pro-immigration cities and counties. On June 6, Judge Garcia ordered a consolidation of this case with the San Antonio and El Cenzino cases, with El Cenzino becoming the lead case in the consolidation. Travis County, however, remains separate.

This case was quickly consolidated with the two other before Judge Garcia; please refer to El Cenizo v. Texas for further information and updates.

This case was administratively closed on Oct. 24, 2017 in light of the consolidation.

show full summary

Summary Authors

Virginia Weeks (6/17/2017)

Jamie Kessler (7/31/2017)

Virginia Weeks (10/25/2017)

City of El Cenizo 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 attorneys, see: https://www.courtlistener.com/docket/6070967/parties/el-paso-county-v-state-of-texas/

Judge(s)

Garcia, Orlando Luis (Texas)

Attorney for Plaintiff

Bernal, Jo Anne (Texas)

Garza, Jose (Texas)

Golando, Martin (Texas)

Attorney for Defendant

Hacker, David J. (Texas)

Judge(s)

Garcia, Orlando Luis (Texas)

Attorney for Plaintiff

Bernal, Jo Anne (Texas)

Garza, Jose (Texas)

Golando, Martin (Texas)

Marziani, Mimi Murray Digby (Texas)

Moran, Michael Patrick (Texas)

Olivares, Efren Carlos (Texas)

Attorney for Defendant

Hacker, David J. (Texas)

McCarty, Darren L. (Texas)

Nimocks, David A. (Texas)

Stonedale, Joel (Texas)

Attorney Contact Information via CourtListener

show all people

Documents in the Clearinghouse

	Document
5:17-cv-00459	Docket [PACER] El Paso County v. Texas	June 6, 2017	June 6, 2017 Docket
1 5:17-cv-00459	Plaintiffs' Complaint for Declaratory Judgment and Injunctive Relief El Paso County v. Texas	May 22, 2017	May 22, 2017 Complaint

show / hide documents

Resources

Title	Description		External URL Date / External URL
#StopSB4 Texas Civil Rights Project	On May 7th, Texas’ Governor, Greg Abbott, signed SB 4 into law. SB 4 is the most discriminatory piece of anti-immigrant legislation in the United States. SB 4 is currently scheduled to go into effec…	June 27, 2017	June 27, 2017 https://www.texascivilrightsproject.org/...
Re: Implementing the President's Border Security and Immigration Enforcement Improvements Policies (Final, 2/20/2017) DHS Secretary John Kelly		Feb. 20, 2017	Feb. 20, 2017 https://www.dhs.gov/...
Executive Order 13768: Enhancing Public Safety in the Interior of the United States President Donald Trump		Jan. 25, 2017	Jan. 25, 2017 https://www.gpo.gov/...
Re: Enforcement of the Immigration Laws to Serve the National Interest (Final, 2/20/2017) DHS Secretary John Kelly		Feb. 20, 2017	Feb. 20, 2017 https://www.dhs.gov/...
Executive Order 13767: Border Security and Immigration Enforcement Improvements President Donald Trump		Jan. 27, 2017	Jan. 27, 2017 None

show / hide resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6070967/el-paso-county-v-state-of-texas/

Last updated June 29, 2023, 3:08 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT ( Filing fee $ 400 receipt number 0542-9609506). No Summons requested at this time, filed by El Paso County, Texas Organizing Project Education Fund, Richard Wiles. (Attachments: # 1 Civil Cover Sheet)(Moran, Michael) (Entered: 05/22/2017) 1 Civil Cover Sheet View on PACER	May 22, 2017	May 22, 2017 RECAP
2	Letter to attorney Martin Golando regarding admittance into the Western District. (aej) (Entered: 05/24/2017)	May 24, 2017	May 24, 2017 PACER
3	REQUEST FOR ISSUANCE OF SUMMONS by El Paso County, Richard Wiles. (Attachments: # 1 Supplement, # 2 Supplement, # 3 Supplement, # 4 Supplement)(Moran, Michael) (Entered: 05/25/2017) 1 Supplement View on PACER 2 Supplement View on PACER 3 Supplement View on PACER 4 Supplement View on PACER	May 25, 2017	May 25, 2017 PACER
4	Summons Issued as to Greg Abbott, Steve McCraw, Ken Paxton, State of Texas. (wg) (Entered: 05/26/2017)	May 26, 2017	May 26, 2017 PACER
5	Opposed MOTION to Transfer Case to Austin Division by Greg Abbott, Steve McCraw, Ken Paxton, State of Texas, Texas Department of Public Safety. (Attachments: # 1 Memo in Support Memorandum of Law In Support of Defendants' Motion to Dismiss or Transfer, # 2 Proposed Order Proposed Order Granting Defendants' Motion to Dismiss or Transfer)(McCarty, Darren) (Entered: 06/01/2017) 1 Memo in Support Memorandum of Law In Support of Defendants' Motion to Dismi View on PACER 2 Proposed Order Proposed Order Granting Defendants' Motion to Dismiss or Tra View on PACER	June 1, 2017	June 1, 2017 PACER
6	NOTICE of Attorney Appearance by Darren L. McCarty on behalf of Greg Abbott, Steve McCraw, Ken Paxton, State of Texas, Texas Department of Public Safety (McCarty, Darren) (Entered: 06/02/2017)	June 2, 2017	June 2, 2017 PACER
7	NOTICE of Attorney Appearance by David Austin Robert Nimocks on behalf of Greg Abbott, Steve McCraw, Ken Paxton, State of Texas, Texas Department of Public Safety. Attorney David Austin Robert Nimocks added to party Greg Abbott(pty:dft), Attorney David Austin Robert Nimocks added to party Steve McCraw(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), Attorney David Austin Robert Nimocks added to party Texas Department of Public Safety(pty:dft) (Nimocks, David) (Entered: 06/02/2017)	June 2, 2017	June 2, 2017 PACER
8	NOTICE of Attorney Appearance by David Jonathan Hacker on behalf of Greg Abbott, Steve McCraw, Ken Paxton, State of Texas, Texas Department of Public Safety (Hacker, David) (Entered: 06/02/2017)	June 2, 2017	June 2, 2017 PACER
9	ORDER Consolidating this case with SA17-CV-404 and SA17-CV-489; DENYING AS MOOT 5 Opposed MOTION to Transfer Case. Signed by Chief Judge Orlando L. Garcia. (rf) (Entered: 06/07/2017)	June 6, 2017	June 6, 2017 PACER
10	Order Dismissing Case	Oct. 25, 2017	Oct. 25, 2017 PACER