Case: State of Texas v. Nielsen

1:18-cv-00068 | U.S. District Court for the Southern District of Texas

Filed Date: May 1, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 1, 2018, Texas, Alabama, Arkansas, Louisiana, Nebraska, South Carolina, and West Virginia brought actions for declaratory and injunctive relief against the United States and various federal immigration officials in the U.S. District Court for the Southern District of Texas. The states, represented by the Office of the Attorney General of Texas, claimed that the Deferred Action for Childhood Arrivals (“DACA”) program, created by a 2012 executive action by the Obama Administration, violate…

On May 1, 2018, Texas, Alabama, Arkansas, Louisiana, Nebraska, South Carolina, and West Virginia brought actions for declaratory and injunctive relief against the United States and various federal immigration officials in the U.S. District Court for the Southern District of Texas. The states, represented by the Office of the Attorney General of Texas, claimed that the Deferred Action for Childhood Arrivals (“DACA”) program, created by a 2012 executive action by the Obama Administration, violated the Administrative Procedure Act (“APA”) and the Take Care Clause of the Constitution. The states claimed that the DACA program granted lawful presence to millions of unlawfully present immigrants without congressional authorization. They sought to enjoin the government from issuing or renewing any DACA permits in the future and a declaration that DACA violated the Take Care Clause and the APA. The case was assigned to District Judge Andrew S. Hanen.

The states moved for a preliminary injunction on May 2, 2018. On May 8, DACA recipients and the state of New Jersey filed a motion to intervene as defendants, which Judge Hanen granted on May 15. The defendants then moved to dismiss the case on May 29 without prejudice or to transfer the case to the U.S. District Court for the Northern District of California, where a similar case was being litigated. Judge Hanen denied the motions on May 30.

The states filed an amended complaint on June 25, 2018, which added the state of Kansas and two governors as plaintiffs. On July 5, the defendants moved to dismiss for lack of subject matter jurisdiction.

On August 31, Judge Hanen denied the states’ May 2nd request for a preliminary injunction. The court found that the states had shown a likelihood of success on the merits of their claim related to both the procedural and substantive aspects of the APA. However, the court denied the injunction for three reasons: the states had delayed seeking this relief for years; the balance of private interests fell in favor of denying the relief; and implementing the relief was contrary to the public interest. The court did not rule on whether the DACA program violated the Constitution’s Take Care Clause. 328 F. Supp. 3d 662, 740 (S.D. Tex. 2018).

On February 4, 2019, the states moved for summary judgment. In their response, the defendants agreed that the plaintiffs are entitled to summary judgment on their substantive APA claim, but opposed summary judgment on the other claims.

On August 28, 2019, the defendant-intervenor State of New Jersey moved to stay the case until the Supreme Court ruled on cases involving the rescinding of DACA (Regents of Univ. of California v. DHS, NAACP v. Trump, and Wolf v. Vidal). These cases had oral arguments before the Supreme court on November 19, 2019, which touched on issues related to DACA’s issuance. Judge Hanen granted the stay on November 22, 2019, finding that the Supreme Court’s opinion in those related cases could potentially resolve this case. 2019 WL 6255351.

On June 18, 2020, the Supreme Court issued its opinion in Regents of Univ. of California v. DHS, holding that the Department of Homeland Security (“DHS”)’s 2017 order rescinding DACA was arbitrary and capricious, in violation of the APA. Judge Hanen ordered the parties to compile a joint status report on how this would affect the case by July 24.

On August 21, 2020, Judge Hanen denied the states’ motion for summary judgment that was filed on February 4, 2019 without prejudice, holding that the Regents decision may impact the legal issues in this case. 2020 WL 6440497.

The states filed a new motion for summary judgment on October 9, 2020. The defendant-intervenors also moved for summary judgment on November 6, claiming that the states lacked standing. The court heard oral arguments for these motions on December 22.

On the day of his inauguration (January 20, 2021), President Biden signed a memorandum directing DHS and the Attorney General "to preserve and fortify DACA." Two days later, defendant-intervenors notified the court that the federal defendants would shift their position on the case in light of President Biden’s memorandum. They requested a status conference to discuss how President Biden’s memorandum would impact the substantive and procedural aspects of this litigation. Considering both the Presidential memorandum and that the House of Representatives passed the American Dream and Promise Act, an act to create a pathway to citizenship for DACA recipients, Judge Hanen granted the defendant-intervenors’ request on March 19, 2021. The parties discussed the possible impact of the American Dream and Promise Act on the litigation at a status conference on March 30, 2021.

On July 16, 2021, Judge Hanen granted the states’ motion for summary judgment that was filed on October 9, 2020. 2021 WL 3025857. The court held that DHS violated the APA because it did not undergo the required notice and comment rulemaking procedures when it created DACA, and thus DACA was not a legally binding policy. Additionally, Judge Hanen held that Congress did not grant DHS the statutory authority to enact DACA, so even if DHS satisfied the procedural APA requirements, the agency action would still violate the substantive provisions of the APA. Also on July 16, Judge Hanen issued a permanent injunction vacating the DACA program, prohibiting its continued operation, and remanding the issue to DHS for further consideration. 2021 WL 3022434. The court ruled that DHS could accept new and renewal DACA applications, but could not approve new applications without further judicial authorization. Because of the widespread reliance on DACA, Judge Hanen temporarily stayed the injunction for preexisting DACA recipients and prohibited law enforcement from taking immigration, deportation, or criminal action against current DACA recipients. 

The defendants appealed the court's decision on September 10, 2021. The U.S. Court of Appeals for the Fifth Circuit heard oral arguments on July 6, 2022. Throughout the appeal, DHS was engaged in rulemaking with the stated intent to “preserve and fortify DHS’s DACA policy.” The agency promulgated a final rule on August 30, 2022. Writing for the Fifth Circuit on October 5, 2022, Chief Judge Priscilla Richman affirmed the lower court’s decision and ordered the defendants to pay the cost of the appeal. Chief Judge Richman remanded to the district court to review the new DHS rule (promulgated in August 2022) and the administrative record, which had not been available to the appellate court for review. Chief Judge Richman extended the stay of the injunction for existing DACA recipients.

Upon remand to the district court, Judge Hanen extended the injunction to cover the August 2022 DHS rule on October 14, 2022. He again enjoined DHS from granting DACA status for new applicants, but permitted the agency to accept new applications and to accept and grant renewal applications.

The states filed a supplemental complaint in the district court on January 31, 2023, which alleged that the August 2022 DHS rule contained the same constitutional and APA violations as the DACA memorandum. The complaint sought declaratory relief and to enjoin DHS from approving renewal DACA applications. The states and defendants filed cross-motions for summary judgment on January 31 and March 2, and Judge Hanen heard oral arguments on June 1.

On September 13, 2023, the court granted summary judgment for the states and extended the injunction to DHS’s August 2022 rule. Judge Hanen held that, like the DACA memorandum, the August 2022 rule exceeded DHS’s statutory authority and violated the APA. The court also declined to sever the legally problematic part of the DHS rule (the benefits provision) because DHS would not have adopted DACA without the benefits provision and the final rule would not function sensibly without it. Judge Hanen reiterated that neither the order nor the injunction required DHS or the Department of Justice to deport or take criminal action against DACA recipients or applicants. 

The defendants and defendant-intervenors appealed the district court’s decision on November 9, 2023. As of November 21, 2023, the case is ongoing.

Summary Authors

Sichun Liu (6/17/2020)

Jack Kanarek (4/9/2021)

Justin Hill (9/11/2021)

Robin Peterson (12/1/2022)

Sophia Acker (11/10/2023)

Related Cases

Wolf v. Vidal, Eastern District of New York (2016)

Regents of University of California v. U.S. Department of Homeland Security, Northern District of California (2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6382288/parties/state-of-texas-v-united-states-of-america/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant
Expert/Monitor/Master/Other

Alger, Maureen P. (California)

Amend, Andrew W. (New York)

Apar, Eric L (Texas)

Apter, Rachel Wainer (New Jersey)

Avila, Alejandra (Texas)

Expert/Monitor/Master/Other

Alger, Maureen P. (California)

Amend, Andrew W. (New York)

Apar, Eric L (Texas)

Apter, Rachel Wainer (New Jersey)

Avila, Alejandra (Texas)

Badlani, Chirag (Illinois)

Bhabha, Ishan K (District of Columbia)

Bowman, James A (Texas)

Breiterman, Charles Andrew (Texas)

Brounell, Geoffrey Stuart (New York)

Carter, Margaret (Texas)

Chandrasoma, Kelsey A (Texas)

Coghlan, John V. (Texas)

Cohen, David (Texas)

Coston, William D. (District of Columbia)

Crapo, Matt A. (Texas)

Davidson, Jeffrey Michael (California)

DeGroote, Jessa (New York)

Dolinsky, Nicholas J (New Jersey)

Dundas, Michael (Texas)

Ertas, Alper (California)

Esq., William Jeffrey (Texas)

Esq., Mary B. (Texas)

Farahani, Shireen A. (Texas)

Feigenbaum, Jeremy (New Jersey)

Flentje, August E. (District of Columbia)

Fresco, Michael N. (New York)

Garcia, Carlos Moctezuma (Texas)

Garza, Jose (Texas)

Goldman, Lauren R (New York)

Gregory, Katherine Anne (New York)

Hallward-Driemeier, Douglas Harry (District of Columbia)

Hans, Elspeth L. (Texas)

Harrison, Lindsay C (Texas)

Herrera, Ernest I (Texas)

Hollander, Jeremy (New Jersey)

Hulett, Denise (California)

Joseph, Lawrence J (District of Columbia)

Juzdan, Paul H (New York)

Karanjia, Peter (New York)

Khan, Juvaria (Texas)

Kolodin, Zachary J. F. (New York)

Kolodner, Jonathan Samuel (New York)

Leatherbury, Thomas S. (Texas)

Levine, Kenneth S (New Jersey)

Li, Joan Renxin (California)

Lin, Karen (New York)

Lustberg, Lawrence S. (New Jersey)

Lynch, Mark H. (District of Columbia)

Mangi, Adeel A (Texas)

McMahon, Michael (Massachusetts)

Medoway, Melissa (New Jersey)

Metlitsky, Anton (New York)

Moramarco, Glenn J (New Jersey)

Morejon, Amanda I. (Texas)

Murdukhayeva, Ester (Texas)

Orta, Priscilla (Illinois)

Patashnik, Joshua (Texas)

Perales, Nina (Texas)

Perrelli, Thomas J (Texas)

Persyn, Mary Kelly (California)

Pierson, Adam (Texas)

Pincus, Andrew J. (District of Columbia)

Ramon, Sofia A (Texas)

Ranlett, Kevin Scott (District of Columbia)

Reade, William F. (Texas)

Rubinstein, Samuel L (Texas)

Saad, Martin L. (District of Columbia)

Salmon, John Paul (Texas)

Saxena, Mayur P (New Jersey)

Schlafly, Andrew L. (New Jersey)

Shafiqullah, Hasan (New York)

Shebaya, Sirine (District of Columbia)

Sheehan, Tim (New Jersey)

Sheikh, Sameer Parvez (District of Columbia)

Shelton, Ashleigh B (Texas)

Sherman, Monique R (California)

Smith, Johnathan James (Texas)

Sokoler, Jennifer B (New York)

Suvor, Daniel R (Texas)

Vito, Brian De (Texas)

Vito, Ben De (New York)

Wallace, Stephen P (Illinois)

Whilt, Nicholas James (Texas)

Yagura, Ryan Ken (California)

Yun, Jennifer J. (District of Columbia)

Zhou, Grace (Texas)

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Documents in the Clearinghouse

Document

1:18-cv-00068

Docket

Sept. 10, 2021

Sept. 10, 2021

Docket
1

1:18-cv-00068

Complaint

May 1, 2018

May 1, 2018

Complaint
104

1:18-cv-00068

First Amended Complaint for Declaratory and Injunctive Relief

State of Texas v. Nielsen, State of Texas v. United States of America

June 25, 2018

June 25, 2018

Complaint
319

1:18-cv-00068

Memorandum Opinion and Order

State of Texas v. The United States of America

Aug. 31, 2018

Aug. 31, 2018

Order/Opinion
320

1:18-cv-00068

Interlocutory Appeal Order

State of Texas v. The United States of America

Aug. 31, 2018

Aug. 31, 2018

Order/Opinion
318

1:18-cv-00068

Memorandum Opinion and Order

State of Texas v. Nielsen, State of Texas v. United States of America

Aug. 31, 2018

Aug. 31, 2018

Order/Opinion

328 F.Supp.3d 328

366

1:18-cv-00068

Federal Defendants' Response to Plaintiffs' Motion for Summary Judgment

State of Texas v. The United States of America

Feb. 25, 2019

Feb. 25, 2019

Pleading / Motion / Brief
447

1:18-cv-00068

Order

State of Texas v. United States of America

Nov. 22, 2019

Nov. 22, 2019

Order/Opinion

2019 WL 2019

473

1:18-cv-00068

Order

State of Texas v. United States of America

Aug. 21, 2020

Aug. 21, 2020

Order/Opinion

2020 WL 2020

569

1:18-cv-00068

Federal Defendants' Supplemental Brief in Opposition to Plaintiffs' Motion for Summary Judgment and Request For A Stay

State of Texas v. United States of America

April 9, 2021

April 9, 2021

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6382288/state-of-texas-v-united-states-of-america/

Last updated April 30, 2024, 3:14 a.m.

ECF Number Description Date Link Date / Link
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COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541-19989656) filed by State of Nebraska, State Of Texas, State of Arkansas, State of South Carolina, State or Alabama, State of Louisiana, State of West Virginia. (Attachments: # 1 Civil Cover Sheet)(Disher, Todd) (Entered: 05/01/2018)

1 Civil Cover Sheet

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May 1, 2018

May 1, 2018

Clearinghouse
2

ORDER TRANSFERRING CASE. Case reassigned to Judge Andrew S Hanen for all further proceedings. Judge Rolando Olvera no longer assigned to the case(Signed by Judge Rolando Olvera) Parties notified.(bcampos, 1) (Entered: 05/01/2018)

May 1, 2018

May 1, 2018

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ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 7/31/2018 at 01:30 PM in Courtroom 6 before Judge Andrew S Hanen(Signed by Judge Andrew S Hanen) Parties notified.(bcampos, 1) (Entered: 05/01/2018)

May 1, 2018

May 1, 2018

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Unopposed MOTION for Leave to File Excess Pages by State of Alabama, State of Arkansas, State of Louisiana, State of Nebraska, State of South Carolina, State of Texas, State of West Virginia, filed. Motion Docket Date 5/23/2018. (Attachments: # 1 Proposed Order)(Disher, Todd) (Entered: 05/02/2018)

1 Proposed Order

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May 2, 2018

May 2, 2018

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MOTION for Preliminary Injunction by State of Alabama, State of Arkansas, State of Louisiana, State of Nebraska, State of South Carolina, State of Texas, State of West Virginia, filed. Motion Docket Date 5/23/2018. (Attachments: # 1 Proposed Order)(Disher, Todd) (Entered: 05/02/2018)

1 Proposed Order

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May 2, 2018

May 2, 2018

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First APPENDIX re: 5 MOTION for Preliminary Injunction by State of Alabama, State of Arkansas, State of Louisiana, State of Nebraska, State of South Carolina, State of Texas, State of West Virginia, filed. (Attachments: # 1 Supplement Table of Contents)(Disher, Todd) (Entered: 05/02/2018)

1 Supplement Table of Contents

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May 2, 2018

May 2, 2018

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Second APPENDIX re: 5 MOTION for Preliminary Injunction by State of Alabama, State of Arkansas, State of Louisiana, State of Nebraska, State of South Carolina, State of Texas, State of West Virginia, filed.(Disher, Todd) (Entered: 05/02/2018)

May 2, 2018

May 2, 2018

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Third APPENDIX re: 5 MOTION for Preliminary Injunction by State of Alabama, State of Arkansas, State of Louisiana, State of Nebraska, State of South Carolina, State of Texas, State of West Virginia, filed.(Disher, Todd) (Entered: 05/02/2018)

May 2, 2018

May 2, 2018

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Fourth APPENDIX re: 5 MOTION for Preliminary Injunction by State of Alabama, State of Arkansas, State of Louisiana, State of Nebraska, State of South Carolina, State of Texas, State of West Virginia, filed.(Disher, Todd) (Entered: 05/02/2018)

May 2, 2018

May 2, 2018

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10

MOTION for Jeffrey S. Robins to Appear Pro Hac Vice by L. Francis Cissna, Thomas D. Homan, Kevin K. McAleenan, Kirstjen M. Nielsen, Carla L. Provost, United States of America, filed. Motion Docket Date 5/25/2018. (Robins, Jeffrey) (Additional attachment(s) added on 5/4/2018: # 1 Attorney Verification) (bcampos, 1). (Entered: 05/04/2018)

1 Attorney Verification

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May 4, 2018

May 4, 2018

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Request for Issuance of Summons as to All Defendants, filed. (Attachments: # 1 Kirstjen M. Nielsen, # 2 Kevin K. McLeenan, # 3 Thomas D. Homan, # 4 L. Francis Cissna, # 5 Carla L. Provost)(Disher, Todd) (Entered: 05/07/2018)

1 Kirstjen M. Nielsen

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2 Kevin K. McLeenan

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3 Thomas D. Homan

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4 L. Francis Cissna

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5 Carla L. Provost

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May 7, 2018

May 7, 2018

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ORDER granting 10 Motion for Jeffrey S. Robins to Appear Pro Hac Vice.(Signed by Judge Andrew S Hanen) Parties notified.(bcampos, 1) (Entered: 05/07/2018)

May 7, 2018

May 7, 2018

RECAP

Summons Issued as to 1.) L. Francis Cissna, 2.) Thomas D. Homan, 3.) Kevin K. McAleenan, 4.) Kirstjen M. Nielsen, 5.) Carla L. Provost, 6.) U.S. Attorney General. Issued summons returned to plaintiff by First-class mail, filed.(bcampos, 1)

May 8, 2018

May 8, 2018

PACER
13

MOTION to Intervene by Karla Perez, Maria Rocha, Jose Magana-Salgado, Nanci J Palacios Godinez, Elly Marisol Estrada, Karina Ruiz De Diaz, Carlos Aguilar Gonzalez, Karla Lopez, Luis A Rafael, Darwin Velasquez, Jin Park, Oscar Alvarez, Nancy Adossi, Denise Romero, Pratishtha Khanna, Jung Woo Kim, Angel Silva, Moses Kamau Chege, Hyo-Won Jeon, Elizabeth Diaz, Maria Diaz, Blanca Gonzalez, filed. Motion Docket Date 5/29/2018. (Attachments: # 1 Exhibit Proposed Answer, # 2 Proposed Order)(Perales, Nina) (Entered: 05/08/2018)

1 Exhibit Proposed Answer

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2 Proposed Order

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May 8, 2018

May 8, 2018

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MEMORANDUM in Support re: 13 MOTION to Intervene by Nancy Adossi, Carlos Aguilar Gonzalez, Oscar Alvarez, Moses Kamau Chege, Elizabeth Diaz, Maria Diaz, Elly Marisol Estrada, Blanca Gonzalez, Hyo-Won Jeon, Pratishtha Khanna, Jung Woo Kim, Karla Lopez, Jose Magana-Salgado, Nanci J Palacios Godinez, Jin Park, Karla Perez, Luis A Rafael, Maria Rocha, Denise Romero, Karina Ruiz De Diaz, Angel Silva, Darwin Velasquez, filed. (Attachments: # 1 Appendix A, # 2 Appendix B)(Perales, Nina) (Entered: 05/08/2018)

1 Appendix A

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2 Appendix B

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May 8, 2018

May 8, 2018

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ORDER entered by the Court. The Court will hold a Scheduling Conference set for 5/15/2018 at 10:30 AM before Judge Andrew S Hanen. The District Clerk's Office will provide each counsel with the appropriate call-in-number. (Signed by Judge Andrew S Hanen) Parties notified.(dbenavides, 1) (Entered: 05/09/2018)

May 9, 2018

May 9, 2018

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16

ORDER granting 4 Motion for Leave to File Excess Pages.(Signed by Judge Andrew S Hanen) Parties notified.(dbenavides, 1) (Entered: 05/09/2018)

May 9, 2018

May 9, 2018

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*** Emailed sent to parties with the appropriate call-in number as per 15 Order., filed. (csustaeta, 1)

May 9, 2018

May 9, 2018

PACER
17

NOTICE of Appearance by Daniel D. Hu on behalf of L. Francis Cissna, Thomas D. Homan, Kevin K. McAleenan, Kirstjen M. Nielsen, Carla L. Provost, United States of America, filed. (Hu, Daniel) (Entered: 05/10/2018)

May 10, 2018

May 10, 2018

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NOTICE of Appearance by Adam Arthur Biggs on behalf of State of Alabama, State of Arkansas, State of Louisiana, State of Nebraska, State of South Carolina, State of Texas, State of West Virginia, filed. (Biggs, Adam) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

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NOTICE of Appearance by Brantley Starr on behalf of State of Alabama, State of Arkansas, State of Louisiana, State of Nebraska, State of South Carolina, State of Texas, State of West Virginia, filed. (Starr, Brantley) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

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20

MOTION for Brett A. Shumate to Appear Pro Hac Vice by L. Francis Cissna, Thomas D. Homan, Kevin K. McAleenan, Kirstjen M. Nielsen, Carla L. Provost, United States of America, filed. Motion Docket Date 6/4/2018. (Robins, Jeffrey) (Additional attachment(s) added on 5/15/2018: # 1 Verified membership status) (bcampos, 1). (Entered: 05/14/2018)

1 Verified membership status

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May 14, 2018

May 14, 2018

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Minute Entry for proceedings held before Judge Andrew S Hanen. TELEPHONE CONFERENCE held on 5/15/2018. Appearances: Attys for Plaintiff: T.Disher, A.Biggs, B.Starr; Attys for Defts: J. Robins, D. Hu, B.Shumate; Attys for Intervenos: N.Perales, C. Moreno, J. Salmon;(Court Reporter: S. Perales)(10:30-10:40). 13 Motion to Intervene not opposed by parties-GRANTED. 20 Motion for Brett A. Shumate to Appear Pro Hac Vice-GRANTED. Parties are to submit an agreed scheduling order as to 5 Preliminary Injuction by 05/25/18. If parties do not agree to a scheduling order each party is to submit their own scheduling order by 05/25/18. Scheduling Conference set for 05/30/18 at 11:00 am in Brownsville., filed.(csustaeta, 1)

May 15, 2018

May 15, 2018

PACER
21

ORDER granting 20 Motion for Brett A. Shumate to Appear Pro Hac Vice.(Signed by Judge Andrew S Hanen) Parties notified.(dbenavides, 1) (Entered: 05/15/2018)

May 15, 2018

May 15, 2018

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***Set/Reset Hearings: Scheduling Conference set for 5/30/2018 at 11:00 AM in Courtroom 6 before Judge Andrew S Hanen in Brownsville, Tx. (csustaeta, 1)

May 15, 2018

May 15, 2018

PACER
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ORDER granting 13 Motion to Intervene. The Court having considered the papers submitted in connection with said motion, and such other relevant information and evidence as was presented to this Court, and good cause appearing, it is hereby ordered that: (1) Motion for Leave to Intervene is granted; (2) Movants be entered as Defendant-Intervenors and their counsel served with all relevant papers in the above-captioned action; and (3) The Clerk of Court shall docket Movants' Answer to Plaintiffs' Complaint, attached as Exhibit 1 to Movants' Motion for Leave to Intervene..(Signed by Judge Andrew S Hanen) Parties notified.(jtabares, 1) (Entered: 05/16/2018)

May 15, 2018

May 15, 2018

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ANSWER to 1 Complaint, by Defendants-Intervenors Nancy Adossi, Carlos Aguilar Gonzalez, Oscar Alvarez, Moses Kamau Chege, Elizabeth Diaz, Maria Diaz, Elly Marisol Estrada, Blanca Gonzalez, Hyo-Won Jeon, Pratishtha Khanna, Jung Woo Kim, Karla Lopez, Jose Magana-Salgado, Nanci J Palacios Godinez, Jin Park, Karla Perez, Luis A Rafael, Maria Rocha, Denise Romero, Karina Ruiz De Diaz, Angel Silva, Darwin Velasquez, filed.(jtabares, 1) (Entered: 05/16/2018)

May 15, 2018

May 15, 2018

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CERTIFICATE OF INTERESTED PARTIES by State of Alabama, State of Arkansas, State of Louisiana, State of Nebraska, State of South Carolina, State of Texas, State of West Virginia, filed.(Disher, Todd) (Entered: 05/16/2018)

May 16, 2018

May 16, 2018

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RETURN of Service of SUMMONS Executed as to United States of America served on 5/16/2018, answer due 7/16/2018, filed.(Disher, Todd) (Entered: 05/17/2018)

May 17, 2018

May 17, 2018

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RETURN of Service of SUMMONS Executed as to Kirstjen M. Nielsen served on 5/16/2018, answer due 7/16/2018, filed.(Disher, Todd) (Entered: 05/17/2018)

May 17, 2018

May 17, 2018

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RETURN of Service of SUMMONS Executed as to Kevin K. McAleenan served on 5/16/2018, answer due 7/16/2018, filed.(Disher, Todd) (Entered: 05/17/2018)

May 17, 2018

May 17, 2018

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RETURN of Service of SUMMONS Executed as to Thomas D. Homan served on 5/16/2018, answer due 7/16/2018, filed.(Disher, Todd) (Entered: 05/17/2018)

May 17, 2018

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RETURN of Service of SUMMONS Executed as to L. Francis Cissna served on 5/16/2018, answer due 7/16/2018, filed.(Disher, Todd) (Entered: 05/17/2018)

May 17, 2018

May 17, 2018

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RETURN of Service of SUMMONS Executed as to Carla L. Provost served on 5/16/2018, answer due 7/16/2018, filed.(Disher, Todd) (Entered: 05/17/2018)

May 17, 2018

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AO 435 TRANSCRIPT REQUEST by Nina Perales for Transcript of Scheduling Conference by phone on 05/15/18 before Judge Hanen. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Sheila Perales, filed. (Perales, Nina) (Entered: 05/17/2018)

May 17, 2018

May 17, 2018

PACER
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MOTION for Kenneth S. Levine to Appear Pro Hac Vice by State of New Jersey, filed. Motion Docket Date 6/7/2018. (scastillo, 1) (Entered: 05/18/2018)

May 17, 2018

May 17, 2018

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MOTION for Rachel Wainer Apter to Appear Pro Hac Vice by State of New Jersey, filed. Motion Docket Date 6/7/2018. (scastillo, 1) (Entered: 05/18/2018)

May 17, 2018

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TRANSCRIPT re: Telephonic Conference held on May 15, 2018 before Judge Andrew S Hanen. Court Reporter/Transcriber sperales. Ordering Party Ms. Karen C. Tumlin Release of Transcript Restriction set for 8/16/2018., filed. (sperales, ) (Entered: 05/18/2018)

May 18, 2018

May 18, 2018

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Notice of Filing of Official Transcript as to 34 Transcript. Party notified, filed. (scastillo, 1) (Entered: 05/21/2018)

May 21, 2018

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MOTION for Scheduling Order by State of Alabama, State of Arkansas, State of Louisiana, State of Nebraska, State of South Carolina, State of Texas, State of West Virginia, filed. Motion Docket Date 6/11/2018. (Attachments: # 1 Proposed Order)(Disher, Todd) (Entered: 05/21/2018)

1 Proposed Order

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May 21, 2018

May 21, 2018

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NOTICE of Appearance by Adam N. Bitter on behalf of State of Alabama, State of Arkansas, State of Louisiana, State of Nebraska, State of South Carolina, State of Texas, State of West Virginia, filed. (Bitter, Adam) (Entered: 05/21/2018)

May 21, 2018

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RESPONSE in Opposition to 36 MOTION for Scheduling Order, filed by Nancy Adossi, Carlos Aguilar Gonzalez, Oscar Alvarez, Moses Kamau Chege, Elizabeth Diaz, Maria Diaz, Elly Marisol Estrada, Blanca Gonzalez, Hyo-Won Jeon, Pratishtha Khanna, Jung Woo Kim, Karla Lopez, Jose Magana-Salgado, Nanci J Palacios Godinez, Jin Park, Karla Perez, Luis A Rafael, Maria Rocha, Denise Romero, Karina Ruiz De Diaz, Angel Silva, Darwin Velasquez. (Perales, Nina) (Entered: 05/21/2018)

May 21, 2018

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MOTION to Intervene by State of New Jersey, filed. Motion Docket Date 6/11/2018. (hler, 4) (Entered: 05/22/2018)

May 21, 2018

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MEMORANDUM re: 39 MOTION to Intervene by State of New Jersey, filed.(hler, 4) (Entered: 05/22/2018)

May 21, 2018

May 21, 2018

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41

MOTION for Paul H Juzdan to Appear Pro Hac Vice by State of New Jersey, filed. Motion Docket Date 6/11/2018. (hler, 4) (Entered: 05/22/2018)

May 21, 2018

May 21, 2018

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42

AMENDED MEMORANDUM In Support of Proposed Defendant Intervenor's 39 Motion to Intervene by State of New Jersey, filed.(gkelner, 4) (Entered: 05/22/2018)

May 22, 2018

May 22, 2018

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43

ORDER granting 32 Motion for Kenneth S. Levine to Appear Pro Hac Vice for State of New Jersey. (Signed by Judge Andrew S Hanen) Parties notified.(sanderson, 4) (Entered: 05/22/2018)

May 22, 2018

May 22, 2018

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44

ORDER granting 33 Motion for Rachel Walner Apter to Appear Pro Hac Vice for State of New Jersey. (Signed by Judge Andrew S Hanen) Parties notified.(sanderson, 4) (Entered: 05/22/2018)

May 22, 2018

May 22, 2018

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45

ORDER granting 41 Motion for Paul H. Juzdan to Appear Pro Hac Vice for State of New Jersey. (Signed by Judge Andrew S Hanen) Parties notified.(sanderson, 4) (Entered: 05/22/2018)

May 22, 2018

May 22, 2018

PACER
46

REPLY in Support of 36 MOTION for Scheduling Order, filed by State of Alabama, State of Arkansas, State of Louisiana, State of Nebraska, State of South Carolina, State of Texas, State of West Virginia. (Bitter, Adam) (Entered: 05/22/2018)

May 22, 2018

May 22, 2018

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47

ORDER re: 39 Motion to Intervene as a Defendant. Lead counsel for the proposed defendant-interveners is hereby ordered to attend the status conference scheduled for 11:00 AM, Wednesday, May 30th, 2018.(Signed by Judge Andrew S Hanen) Parties notified.(JenniferLongoria, 1) (Entered: 05/23/2018)

May 23, 2018

May 23, 2018

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48

Opposed PROPOSED ORDER by Proposed Defendant-Intervenor State of New Jersey, filed. (Attachments: # 1 Proposed Order Exhibit 1 Proposed Order)(Apter, Rachel) (Entered: 05/25/2018)

1 Proposed Order Exhibit 1 Proposed Order

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May 25, 2018

May 25, 2018

PACER
49

STATUS REPORT by L. Francis Cissna, Thomas D. Homan, Kevin K. McAleenan, Kirstjen M. Nielsen, Carla L. Provost, United States of America, filed.(Robins, Jeffrey) (Entered: 05/25/2018)

May 25, 2018

May 25, 2018

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50

ADVISORY by Nancy Adossi, Carlos Aguilar Gonzalez, Oscar Alvarez, Moses Kamau Chege, Elizabeth Diaz, Maria Diaz, Elly Marisol Estrada, Blanca Gonzalez, Hyo-Won Jeon, Pratishtha Khanna, Jung Woo Kim, Karla Lopez, Jose Magana-Salgado, Nanci J Palacios Godinez, Jin Park, Karla Perez, Luis A Rafael, Maria Rocha, Denise Romero, Karina Ruiz De Diaz, Angel Silva, Darwin Velasquez, filed. (Attachments: # 1 Proposed Order)(Salmon, John) (Entered: 05/25/2018)

1 Proposed Order

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May 25, 2018

May 25, 2018

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51

Opposed MOTION to Dismiss Without Prejudice or, in the Alternative, to Transfer or Stay Proceedings by Nancy Adossi, Carlos Aguilar Gonzalez, Oscar Alvarez, Moses Kamau Chege, Elizabeth Diaz, Maria Diaz, Elly Marisol Estrada, Blanca Gonzalez, Hyo-Won Jeon, Pratishtha Khanna, Jung Woo Kim, Karla Lopez, Jose Magana-Salgado, Nanci J Palacios Godinez, Jin Park, Karla Perez, Luis A Rafael, Maria Rocha, Denise Romero, Karina Ruiz De Diaz, Angel Silva, Darwin Velasquez, filed. Motion Docket Date 6/19/2018. (Attachments: # 1 Proposed Order)(Perales, Nina) (Entered: 05/29/2018)

1 Proposed Order

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May 29, 2018

May 29, 2018

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52

MEMORANDUM re: 51 Opposed MOTION to Dismiss Without Prejudice or, in the Alternative, to Transfer or Stay Proceedings by Nancy Adossi, Carlos Aguilar Gonzalez, Oscar Alvarez, Moses Kamau Chege, Elizabeth Diaz, Maria Diaz, Elly Marisol Estrada, Blanca Gonzalez, Hyo-Won Jeon, Pratishtha Khanna, Jung Woo Kim, Karla Lopez, Jose Magana-Salgado, Nanci J Palacios Godinez, Jin Park, Karla Perez, Luis A Rafael, Maria Rocha, Denise Romero, Karina Ruiz De Diaz, Angel Silva, Darwin Velasquez, filed. (Attachments: # 1 Appendix, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15)(Perales, Nina) (Entered: 05/29/2018)

1 Appendix

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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10 Exhibit 9

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11 Exhibit 10

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12 Exhibit 11

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13 Exhibit 12

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14 Exhibit 13

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15 Exhibit 14

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16 Exhibit 15

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May 29, 2018

May 29, 2018

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Minute Entry for proceedings held before Judge Andrew S Hanen. SCHEDULING CONFERENCE held on 5/30/2018. Appearances: Attys for Plaintiffs: T. Disher, A. Biggs, B. Starr; Attys for Defendants: J. Robbins, D. Hu, B. Shumate; Attys for Intervenor Defendants: N. Perales, C. Garcia, J. Salmon; Atty for Proposed Defendant-Intervenor: R. Apter. (Court Reporter: S. Perales)(11:05-12:05). Oral argument as to 39 Motion to Intervene by State of New Jersey - objected by Plaintiffs and Defendants; Intervenor Defendants No Objections. 39 under advisement by Court. As to 39 Plaintiffs Response Brief due June 6, 2018 and Proposed Defendant-Intervenor reply due June 11, 2018. Oral argument as to 51 Opposed Motion to Dismiss filed by Intervenors Defendants - DENIED w/o prejudice and leave is given by court allowing Intervenors Defendants to bring up motion at a later time. Oral argument as to 36 Motion for Scheduling Order heard. Hearing set for 7/17/2018 at 11:00 AM at Courtroom 6 before Judge Andrew S Hanen. Court order will follow. filed.(csustaeta, 1)

May 30, 2018

May 30, 2018

PACER
53

ORDER denying 51 Motion to Dismiss; Response to New Jersey's motion to intervene is due 6/6/2018; response to plaintiff's motion for preliminary injunction due 6/8/2018; reply to response to New Jersey's motion to intervene due 6/11/2018; experts must be disclosed by 6/15/2018; discovery must be completed by 6/29/2018; post-discovery briefing is due 7/7/2018; responses to post-discovery briefings are due 7/13/2018; Preliminary Injunction Hearing is set for 11:00 AM in Brownsville unless changed by subsequent order on 7/17/2018.(Signed by Judge Andrew S Hanen) Parties notified.(dnoriega, 1) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

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***Set/Reset Deadlines as to 39 MOTION to Intervene : Deft Expert Report due by 6/15/2018. Deft Expert Witness List due by 6/15/2018. Discovery due by 6/29/2018. Pltf Expert Report due by 6/15/2018. Pltf Expert Witness List due by 6/15/2018. Preliminary Injunction Hearing set for 7/17/2018 at 11:00 AM in Courtroom 6 before Judge Andrew S Hanen Responses due by 6/6/2018. (dnoriega, 1)

May 30, 2018

May 30, 2018

PACER

***Set/Reset Deadlines as to 39 MOTION to Intervene, 5 MOTION for Preliminary Injunction : Responses due by 6/8/2018. Replies due by 6/11/2018 (dnoriega, 1)

May 30, 2018

May 30, 2018

PACER
54

AO 435 TRANSCRIPT REQUEST by Todd Lawrence Disher for Transcript of Initial Pretrial Conference on 05/30/18 before Hon. Andrew S. Hanen. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Sheila Perales, filed. (Disher, Todd) (Entered: 05/31/2018)

May 31, 2018

May 31, 2018

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55

AO 435 TRANSCRIPT REQUEST by Nina Perales for Transcript of Initial Pretrial Conference on 05/30/2018 before Hon. Andrew S. Hanen. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Sheila Perales, filed. (Perales, Nina) (Entered: 05/31/2018)

May 31, 2018

May 31, 2018

PACER
56

AO 435 TRANSCRIPT REQUEST by Daniel Hu for Transcript of Initial Pretrial Conference on 5/30/18 before Judge Hanen. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Sheila Perales, filed. (Hu, Daniel) (Entered: 05/31/2018)

May 31, 2018

May 31, 2018

PACER
57

AO 435 TRANSCRIPT REQUEST by Proposed Defendant Intervenor State of New Jersey/Rachel Wainer Apter for Transcript of Scheduling Conference on 5/30/18 before Judge Hanen. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Sheila Perales, filed. (Apter, Rachel) (Entered: 05/31/2018)

May 31, 2018

May 31, 2018

PACER
58

MOTION for Lawrence J. Joseph to Appear Pro Hac Vice on behalf of party U.S. Rep. Steve King et al (amicus coalition of Members of Congress), filed. Motion Docket Date 6/26/2018. (dbenavides, 1) (Entered: 06/05/2018)

June 5, 2018

June 5, 2018

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59

ORDER granting 58 Motion for Lawrence J. Joseph to Appear Pro Hac Vice.(Signed by Judge Andrew S Hanen) Parties notified.(dnoriega, 1) (Entered: 06/05/2018)

June 5, 2018

June 5, 2018

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60

RESPONSE in Opposition to 39 MOTION to Intervene, filed by State of Alabama, State of Arkansas, State of Louisiana, State of Nebraska, State of South Carolina, State of Texas, State of West Virginia. (Disher, Todd) (Entered: 06/06/2018)

June 6, 2018

June 6, 2018

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61

RESPONSE in Opposition to 39 MOTION to Intervene, filed by L. Francis Cissna, Thomas D. Homan, Kevin K. McAleenan, Kirstjen M. Nielsen, Carla L. Provost, United States of America. (Robins, Jeffrey) (Entered: 06/06/2018)

June 6, 2018

June 6, 2018

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62

MOTION for Jeremy E. Hollander to Appear Pro Hac Vice by State of New Jersey, filed. Motion Docket Date 6/28/2018. (Levine, Kenneth) (Additional attachment(s) added on 6/11/2018: # 1 Vertified Status of Bar Membership for Motion Pro Hac Vice)) (jtabares, 1). (Entered: 06/07/2018)

1 Vertified Status of Bar Membership for Motion Pro Hac Vice)

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June 7, 2018

June 7, 2018

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63

NOTICE of Appearance by Andrew L. Schlafly on behalf of U.S. Rep. Steve King, et al., filed. (Schlafly, Andrew) (Entered: 06/07/2018)

June 7, 2018

June 7, 2018

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64

MOTION for Leave to File Amicus Brief by U.S. Rep. Steve King, et al., filed. Motion Docket Date 6/28/2018. (Attachments: # 1 Amicus Brief, # 2 Proposed Order)(Schlafly, Andrew) (Entered: 06/07/2018)

1 Amicus Brief

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2 Proposed Order

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June 7, 2018

June 7, 2018

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65

Opposed MOTION for Discovery by Nancy Adossi, Carlos Aguilar Gonzalez, Oscar Alvarez, Moses Kamau Chege, Elizabeth Diaz, Maria Diaz, Elly Marisol Estrada, Blanca Gonzalez, Hyo-Won Jeon, Pratishtha Khanna, Jung Woo Kim, Karla Lopez, Jose Magana-Salgado, Nanci J Palacios Godinez, Jin Park, Karla Perez, Luis A Rafael, Maria Rocha, Denise Romero, Karina Ruiz De Diaz, Angel Silva, Darwin Velasquez, filed. Motion Docket Date 6/28/2018. (Attachments: # 1 Exhibit Exhibit 1 - Email Exchange, # 2 Proposed Order Proposed Granted Leave to Defendant-Intervenors to Conduct Discovery of Federal Defendants)(Perales, Nina) (Entered: 06/07/2018)

1 Exhibit Exhibit 1 - Email Exchange

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2 Proposed Order Proposed Granted Leave to Defendant-Intervenors to Conduct Discov

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June 7, 2018

June 7, 2018

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66

RESPONSE to 5 MOTION for Preliminary Injunction, filed by State of New Jersey. (Levine, Kenneth) (Entered: 06/08/2018)

June 8, 2018

June 8, 2018

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67

MOTION for Denise Hulett to Appear Pro Hac Vice by Nancy Adossi, Carlos Aguilar Gonzalez, Oscar Alvarez, Moses Kamau Chege, Elizabeth Diaz, Maria Diaz, Elly Marisol Estrada, Blanca Gonzalez, Hyo-Won Jeon, Pratishtha Khanna, Jung Woo Kim, Karla Lopez, Jose Magana-Salgado, Nanci J Palacios Godinez, Jin Park, Karla Perez, Luis A Rafael, Maria Rocha, Denise Romero, Karina Ruiz De Diaz, Angel Silva, Darwin Velasquez, filed. Motion Docket Date 6/29/2018. (Perales, Nina) (Additional attachment(s) added on 6/11/2018: # 1 Atty License Verifification) (rnieto, 1). (Entered: 06/08/2018)

1 Atty License Verifification

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June 8, 2018

June 8, 2018

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68

RESPONSE in Opposition to 5 MOTION for Preliminary Injunction, filed by Nancy Adossi, Carlos Aguilar Gonzalez, Oscar Alvarez, Moses Kamau Chege, Elizabeth Diaz, Maria Diaz, Elly Marisol Estrada, Blanca Gonzalez, Hyo-Won Jeon, Pratishtha Khanna, Jung Woo Kim, Karla Lopez, Jose Magana-Salgado, Nanci J Palacios Godinez, Jin Park, Karla Perez, Luis A Rafael, Maria Rocha, Denise Romero, Karina Ruiz De Diaz, Angel Silva, Darwin Velasquez. (Perales, Nina) (Entered: 06/08/2018)

June 8, 2018

June 8, 2018

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69

ORDER granting 64 Motion for Leave to File.(Signed by Judge Andrew S Hanen) Parties notified.(dnoriega, 1) (Entered: 06/08/2018)

June 8, 2018

June 8, 2018

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70

MEMORANDUM of Law re: 5 MOTION for Preliminary Injunction by U.S. Rep. Steve King, et al., filed.(dnoriega, 1) (Entered: 06/08/2018)

June 8, 2018

June 8, 2018

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71

RESPONSE to 5 MOTION for Preliminary Injunction, filed by L. Francis Cissna, Thomas D. Homan, Kevin K. McAleenan, Kirstjen M. Nielsen, Carla L. Provost, United States of America. (Attachments: # 1 Appendix Unreported Authorities)(Robins, Jeffrey) (Entered: 06/08/2018)

1 Appendix Unreported Authorities

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June 8, 2018

June 8, 2018

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72

ORDER granting 67 Motion for Denise Hulett to Appear Pro Hac Vice. (Signed by Judge Andrew S Hanen) Parties notified.(mperez, 1) (Entered: 06/11/2018)

June 11, 2018

June 11, 2018

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73

REPLY in Support of 39 MOTION to Intervene, filed by State of New Jersey. (Levine, Kenneth) (Entered: 06/11/2018)

June 11, 2018

June 11, 2018

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74

MOTION for Priscilla Orta to Appear Pro Hac Vice by Nancy Adossi, Carlos Aguilar Gonzalez, Oscar Alvarez, Moses Kamau Chege, Elizabeth Diaz, Maria Diaz, Elly Marisol Estrada, Blanca Gonzalez, Pratishtha Khanna, Jung Woo Kim, Karla Lopez, Jose Magana-Salgado, Nanci J Palacios Godinez, Jin Park, Karla Perez, Luis A Rafael, Maria Rocha, Denise Romero, Karina Ruiz De Diaz, Angel Silva, Darwin Velasquez, filed. Motion Docket Date 7/3/2018. (Perales, Nina) (Additional attachment(s) added on 6/13/2018: # 1 Atty License Verification) (rnieto, 1). (Entered: 06/12/2018)

1 Atty License Verification

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June 12, 2018

June 12, 2018

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75

MOTION for Nicholas Dolinsky to Appear Pro Hac Vice by State of New Jersey, filed. Motion Docket Date 7/3/2018. (Levine, Kenneth) (Additional attachment(s) added on 6/13/2018: # 1 Atty License Verification) (rnieto, 1). (Entered: 06/12/2018)

1 Atty License Verification

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June 12, 2018

June 12, 2018

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76

NOTICE of Appearance by Ernest I. Herrera on behalf of Nancy Adossi, Carlos Aguilar Gonzalez, Oscar Alvarez, Moses Kamau Chege, Elizabeth Diaz, Maria Diaz, Elly Marisol Estrada, Blanca Gonzalez, Hyo-Won Jeon, Pratishtha Khanna, Jung Woo Kim, Karla Lopez, Jose Magana-Salgado, Nanci J Palacios Godinez, Jin Park, Karla Perez, Luis A Rafael, Maria Rocha, Denise Romero, Karina Ruiz De Diaz, Angel Silva, Darwin Velasquez, filed. (Perales, Nina) (Entered: 06/12/2018)

June 12, 2018

June 12, 2018

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77

ORDER granting 62 Motion for Jeremy Hollander to Appear Pro Hac Vice.(Signed by Judge Andrew S Hanen) Parties notified.(bcampos, 1) (Entered: 06/12/2018)

June 12, 2018

June 12, 2018

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78

MOTION for Katherine Gregory to Appear Pro Hac Vice by State of New Jersey, filed. Motion Docket Date 7/5/2018. (Levine, Kenneth) (Additional attachment(s) added on 6/13/2018: # 1 Atty License Verification) (rnieto, 1). (Entered: 06/13/2018)

1 Atty License Verification

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June 13, 2018

June 13, 2018

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79

ORDER, entered. Defendant-Intervenors are hereby ordered to file with the Court those discovery devices, and any others for which they request court intervention. (Signed by Judge Andrew S Hanen) Parties notified.(mperez, 1) (Entered: 06/13/2018)

June 13, 2018

June 13, 2018

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80

Supplemental MOTION for Discovery by Nancy Adossi, Carlos Aguilar Gonzalez, Oscar Alvarez, Moses Kamau Chege, Elizabeth Diaz, Maria Diaz, Elly Marisol Estrada, Blanca Gonzalez, Hyo-Won Jeon, Pratishtha Khanna, Jung Woo Kim, Karla Lopez, Jose Magana-Salgado, Nanci J Palacios Godinez, Jin Park, Karla Perez, Luis A Rafael, Maria Rocha, Denise Romero, Karina Ruiz De Diaz, Angel Silva, Darwin Velasquez, filed. Motion Docket Date 7/5/2018. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Perales, Nina) (Entered: 06/13/2018)

1 Exhibit Exhibit 1

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2 Exhibit Exhibit 2

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3 Exhibit Exhibit 3

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June 13, 2018

June 13, 2018

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81

ORDER granting 75 Motion for Nicholas Dolinsky to Appear Pro Hac Vice.(Signed by Judge Andrew S Hanen) Parties notified.(bcampos, 1) (Main Document 81 replaced on 6/14/2018) (bcampos, 1). (Entered: 06/14/2018)

June 14, 2018

June 14, 2018

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82

ORDER granting 74 Motion for Priscilla Orta to Appear Pro Hac Vice.(Signed by Judge Andrew S Hanen) Parties notified.(bcampos, 1) (Entered: 06/14/2018)

June 14, 2018

June 14, 2018

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83

ORDER granting 78 Motion for Katherine Gregory to Appear Pro Hac Vice.(Signed by Judge Andrew S Hanen) Parties notified.(bcampos, 1) (Entered: 06/14/2018)

June 14, 2018

June 14, 2018

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84

MOTION for Leave to File Amended Complaint by State of Alabama, State of Arkansas, State of Louisiana, State of Nebraska, State of South Carolina, State of Texas, State of West Virginia, filed. Motion Docket Date 7/5/2018. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Bitter, Adam) (Entered: 06/14/2018)

1 Exhibit A

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2 Proposed Order

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June 14, 2018

June 14, 2018

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85

RESPONSE in Opposition to 80 Supplemental MOTION for Discovery, 65 Opposed MOTION for Discovery, filed by L. Francis Cissna, Thomas D. Homan, Kevin K. McAleenan, Kirstjen M. Nielsen, Carla L. Provost, United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Robins, Jeffrey) (Entered: 06/14/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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June 14, 2018

June 14, 2018

PACER
86

Opposed MOTION for Discovery by Nancy Adossi, Carlos Aguilar Gonzalez, Oscar Alvarez, Moses Kamau Chege, Elizabeth Diaz, Maria Diaz, Elly Marisol Estrada, Blanca Gonzalez, Hyo-Won Jeon, Pratishtha Khanna, Jung Woo Kim, Karla Lopez, Jose Magana-Salgado, Nanci J Palacios Godinez, Jin Park, Karla Perez, Luis A Rafael, Maria Rocha, Denise Romero, Karina Ruiz De Diaz, Angel Silva, Darwin Velasquez, filed. Motion Docket Date 7/6/2018. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Perales, Nina) (Entered: 06/15/2018)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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June 15, 2018

June 15, 2018

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87

EMERGENCY MOTION, MOTION to Quash Deposition Notices and Subpoenas( Motion Docket Date 7/6/2018.) by L. Francis Cissna, Thomas D. Homan, Kevin K. McAleenan, Kirstjen M. Nielsen, Carla L. Provost, United States of America, filed. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Robins, Jeffrey) (Entered: 06/15/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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June 15, 2018

June 15, 2018

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88

NOTICE of Setting. Parties notified. Telephone Conference set for 6/18/2018 at 03:30 PM by telephone before Judge Andrew S Hanen, filed. RE: Discovery Motions. Case Manager will send an email as to the telephone number to call in. (csustaeta, 1) (Entered: 06/15/2018)

June 15, 2018

June 15, 2018

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89

ORDER entered. Motion-related deadline set re: 84 MOTION for Leave to File Amended Complaint. Defendant-Intervenors Responses due by 6/21/2018.(Signed by Judge Andrew S Hanen) Parties notified.(bcampos, 1) (Entered: 06/15/2018)

June 15, 2018

June 15, 2018

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90

Exhibit List by Nancy Adossi, Carlos Aguilar Gonzalez, Oscar Alvarez, Moses Kamau Chege, Elizabeth Diaz, Maria Diaz, Elly Marisol Estrada, Blanca Gonzalez, Hyo-Won Jeon, Pratishtha Khanna, Jung Woo Kim, Karla Lopez, Jose Magana-Salgado, Nanci J Palacios Godinez, Jin Park, Karla Perez, Luis A Rafael, Maria Rocha, Denise Romero, Karina Ruiz De Diaz, Angel Silva, Darwin Velasquez(Perales, Nina) (Entered: 06/15/2018)

June 15, 2018

June 15, 2018

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91

Opposed MOTION for Discovery by Nancy Adossi, Carlos Aguilar Gonzalez, Oscar Alvarez, Moses Kamau Chege, Elizabeth Diaz, Maria Diaz, Elly Marisol Estrada, Blanca Gonzalez, Hyo-Won Jeon, Pratishtha Khanna, Jung Woo Kim, Karla Lopez, Jose Magana-Salgado, Nanci J Palacios Godinez, Jin Park, Karla Perez, Luis A Rafael, Maria Rocha, Denise Romero, Karina Ruiz De Diaz, Angel Silva, Darwin Velasquez, filed. Motion Docket Date 7/9/2018. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Proposed Order Granting Leave to Submit Testimony)(Perales, Nina) (Entered: 06/17/2018)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Proposed Order Granting Leave to Submit Testimony

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June 17, 2018

June 17, 2018

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92

NOTICE of Appearance by Cristina M. Moreno on behalf of State of Alabama, State of Arkansas, State of Louisiana, State of Nebraska, State of South Carolina, State of Texas, State of West Virginia, filed. (Disher, Todd) (Entered: 06/18/2018)

June 18, 2018

June 18, 2018

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93

NOTICE of Appearance by P. Trent Peroyea on behalf of State of Alabama, State of Arkansas, State of Louisiana, State of Nebraska, State of South Carolina, State of Texas, State of West Virginia, filed. (Disher, Todd) (Entered: 06/18/2018)

June 18, 2018

June 18, 2018

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Case Details

State / Territory: Texas

Case Type(s):

Immigration and/or the Border

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Multi-LexSum (in sample)

Key Dates

Filing Date: May 1, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Nine states.

Plaintiff Type(s):

State Plaintiff

Attorney Organizations:

MALDEF

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The United States, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief denied

Order Duration: 2023 - None

Issues

Affected National Origin/Ethnicity(s):

Hispanic

Immigration/Border:

DACA (Deferred Action for Childhood Arrivals)

Deportation - criteria

Deportation - procedure

Legalization/Amnesty

Status/Classification

Undocumented immigrants - rights and duties

Undocumented immigrants - state and local regulation