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.), IM-TX-0044, be…

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.), IM-TX-0044, 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.), IM-TX-0045; and City of San Antonio, Texas v. State of Texas, No. 5:17-cv-00489 (W.D. Tex.), IM-TX-0047.

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.

Summary Authors

Virginia Weeks (6/17/2017)

Jamie Kessler (7/31/2017)

Virginia Weeks (10/25/2017)

Related Cases

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

Attorneys(s) 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)

Attorneys(s) for Defendant

Hacker, David J. (Texas)

McCarty, Darren L. (Texas)

Nimocks, David A. (Texas)

Judge(s)

Garcia, Orlando Luis (Texas)

Attorneys(s) 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)

Attorneys(s) for Defendant

Hacker, David J. (Texas)

McCarty, Darren L. (Texas)

Nimocks, David A. (Texas)

Stonedale, Joel (Texas)

Documents in the Clearinghouse

Document

Docket [PACER]

El Paso County v. Texas

June 6, 2017 Docket
1

Plaintiffs' Complaint for Declaratory Judgment and Injunctive Relief

El Paso County v. Texas

May 22, 2017 Complaint

Resources

Title Description 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 https://www.texascivilrightsproject.org/en/issues/racial-and-economic-justice/stopsb4/

Docket

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

Last updated May 12, 2022

ECF Number Description 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 RECAP
2

Letter to attorney Martin Golando regarding admittance into the Western District. (aej) (Entered: 05/24/2017)

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 PACER
4

Summons Issued as to Greg Abbott, Steve McCraw, Ken Paxton, State of Texas. (wg) (Entered: 05/26/2017)

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 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 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 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 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 PACER

State / Territory: Texas

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Key Dates

Filing Date: May 22, 2017

Closing Date: Oct. 24, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

El Paso County, TX

Plaintiff Type(s):

City/County Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Texas, State

Case Details

Causes of Action:

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

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Federalism (including 10th Amendment)

Freedom of speech/association

Equal Protection

Supremacy Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Funding

Discrimination-basis:

Immigration status

Immigration/Border:

Admission - criteria

Admission - procedure

Border police

Sanctuary city/state

Status/Classification

Undocumented immigrants - rights and duties

Undocumented immigrants - state and local regulation