Case: El Paso County v. Trump

3:19-cv-00066 | U.S. District Court for the Western District of Texas

Filed Date: Feb. 20, 2019

Closed Date: Jan. 28, 2021

Clearinghouse coding complete

Case Summary

This case challenged President Trump’s use of presidential emergency powers to allocate funds to build a wall on the U.S.-Mexico border. On February 20, 2019, El Paso County, Texas, and the Border Network for Human Rights filed this lawsuit in the U.S. District Court for the Western District of Texas. The plaintiffs sued President Trump, along with the Secretaries of the Departments of Defense, Homeland Security, the Interior, and the Treasury, in their official capacities, for allegedly fundin…

This case challenged President Trump’s use of presidential emergency powers to allocate funds to build a wall on the U.S.-Mexico border.

On February 20, 2019, El Paso County, Texas, and the Border Network for Human Rights filed this lawsuit in the U.S. District Court for the Western District of Texas. The plaintiffs sued President Trump, along with the Secretaries of the Departments of Defense, Homeland Security, the Interior, and the Treasury, in their official capacities, for allegedly funding the construction of barriers unlawfully at the U.S.-Mexico border. The plaintiffs, represented by The Protect Democracy Project, the Niskanen Center, Willkie Farr & Gallagher LLP, and others, sought declaratory and injunctive relief to stop the defendants from taking any action pursuant to the President’s Proclamation of February 15, 2019 (“Proclamation”), which declared a national emergency at the U.S.-Mexico border. The case was assigned to Judge David Briones.

Specifically, the complaint alleged that President Trump exerted power beyond constitutional and statutory limits by seeking to allocate funds for a border wall that Congress did not appropriate. In February 2019, Congress passed the 2019 Consolidated Appropriations Act, which allocated $1.375 billion for border fencing in specific locations along the southern border. President Trump then issued the Proclamation to access additional funds for the construction of a border wall under the National Emergencies Act (“NEA”), 50 U.S.C. § 1601 et seq., citing 10 U.S.C. § 2808, the military construction statute, as a funding source. The complaint alleged that the defendants violated the Constitution by usurping Congress’s exclusive power to appropriate funds, violated the Administrative Procedure Act (“APA”), 5 U.S.C. § 551 et seq., by implementing the Proclamation in an arbitrary and capricious manner, and violated the NEA itself because no national emergency existed.

The plaintiffs filed an amended complaint on April 25, 2019, which, among other things, (i) reorganized their broad ultra vires claim into separate challenges to the President’s NEA declaration, the use of funds under 10 U.S.C. §§ 2808 and 284, and related APA-governed agency actions; (ii) added a nondelegation claim; and (iii) named Todd T. Semonite, Commanding General of the U.S. Army Corps of Engineers, as a defendant. On the same day, the plaintiffs filed a motion for summary judgment or, in the alternative, for a preliminary injunction. On June 10, 2019, the defendants also filed a motion for summary judgment, claiming, among other things, that the plaintiffs lacked standing and had failed to satisfy the APA requirements for review of agency action.

The court granted the plaintiffs’ motion for summary judgment or, in the alternative, for a preliminary injunction, and denied the defendants’ motion for summary judgment on October 11, 2019. The court determined that the plaintiffs had standing and that the Proclamation was invalid as a matter of law; it also asked the plaintiffs to submit a proposal for injunctive relief. 408 F. Supp. 3d 840.

On December 10, 2019, Judge Briones granted a permanent injunction against the use of funds appropriated for “military construction” under 10 U.S.C. § 2808 for border wall construction. The court also declared the Proclamation unlawful. 407 F. Supp. 3d 655. On the same day, the defendants filed a notice of appeal. The defendants filed a motion to stay the permanent injunction pending appeal on December 16, 2019. Judge Briones denied the motion the next day.

On January 8, 2020, the Fifth Circuit stayed Judge Briones’s permanent injunction pending appeal, allowing the challenged use of § 2808 military-construction funds to continue while appellate review proceeded. While the appeal was pending, the plaintiffs also sought review by the U.S. Supreme Court by filing a petition for a writ of certiorari before judgment in September 2020.

On December 4, 2020, the Fifth Circuit held that neither El Paso County nor the Border Network for Human Rights had Article III standing to challenge the § 2808 or § 284 expenditures. The court reversed the district court’s summary-judgment ruling for the plaintiffs, vacated the injunction, and remanded the case for dismissal for lack of jurisdiction. 982 F.3d 332. On January 28, 2021, Judge Briones dismissed the case without prejudice.

The U.S. Supreme Court denied the petition for a writ of certiorari before judgment on July 2, 2021, and denied rehearing on September 10, 2021. 141 S. Ct. 2885; 142 S. Ct. 51.

The case is now closed.

Summary Authors

Dahlia Gottlieb (8/14/2026)

Kevin Longhany (11/21/2019)

Bogyung Lim (2/25/2020)

Jacob Chang (4/20/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14561667/parties/el-paso-county-texas-v-trump/


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

Abraham, Joseph M (Texas)

AUSA, Charles E. (Texas)

Badat, Mohammed A (New York)

Beeler, E Christopher (California)

Bernstein, Richard D. (District of Columbia)

Documents in the Clearinghouse

Documents in this case

3:19-cv-00066

Docket

April 29, 2020

April 29, 2020

Docket
1

3:19-cv-00066

Complaint

Feb. 20, 2019

Feb. 20, 2019

Complaint
52

3:19-cv-00066

Plaintiffs' First Amended Complaint

April 25, 2019

April 25, 2019

Complaint
54

3:19-cv-00066

Plaintiffs' Motion for Summary Judgment or, in the Alternative, a Preliminary Injunction

April 25, 2019

April 25, 2019

Pleading / Motion / Brief
95

3:19-cv-00066

Memorandum in Support of the Government's Cross-Motion to Dismiss or for Summary Judgment, and Opposition to Plaintiffs' Motion for Summary Judgment and a Preliminary Injunction

June 10, 2019

June 10, 2019

Pleading / Motion / Brief
129

3:19-cv-00066

Memorandum Opinion

Oct. 11, 2019

Oct. 11, 2019

Order/Opinion

408 F.Supp.3d 840

133

3:19-cv-00066

[Proposed] Order Granting a Declaratory Judgment and Permanent Injunction

El Paso v. Trump

Oct. 24, 2019

Oct. 24, 2019

Order/Opinion
136

3:19-cv-00066

Memorandum Opinion

Dec. 10, 2019

Dec. 10, 2019

Order/Opinion

407 F.Supp.3d 655

19-51144

Order

El Paso v. Trump

U.S. Court of Appeals for the Fifth Circuit

Dec. 4, 2020

Dec. 4, 2020

Order/Opinion

982 F.3d 332

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14561667/el-paso-county-texas-v-trump/

Last updated July 29, 2026, 5:49 a.m.

ECF Number Date Description Link
Feb. 20, 2019

Case assigned to Judge David Briones. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (mn) (Entered: 02/21/2019)

PACER
Feb. 20, 2019

If ordered by the court, all referrals will be assigned to Magistrate Judge Berton (mn) (Entered: 02/21/2019)

PACER
1 Feb. 20, 2019

COMPLAINT Emergency Powers ( Filing fee $ 400 receipt number 0542-11788257), filed by El Paso County, Texas, Border Network for Human Rights. (Attachments: # 1 Civil Cover Sheet, # 2 Corporate Disclosure)(Padalino, John) (Entered: 02/20/2019)

1 Civil Cover Sheet

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2 Corporate Disclosure

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Clearinghouse
2 Feb. 20, 2019

REQUEST FOR ISSUANCE OF SUMMONS by Border Network for Human Rights, El Paso County, Texas. Trump (Padalino, John) (Entered: 02/20/2019)

RECAP
3 Feb. 20, 2019

REQUEST FOR ISSUANCE OF SUMMONS by Border Network for Human Rights, El Paso County, Texas. (Padalino, John) (Entered: 02/20/2019)

RECAP
4 Feb. 20, 2019

REQUEST FOR ISSUANCE OF SUMMONS by Border Network for Human Rights, El Paso County, Texas. Nielsen (Padalino, John) (Entered: 02/20/2019)

RECAP
5 Feb. 20, 2019

REQUEST FOR ISSUANCE OF SUMMONS by Border Network for Human Rights, El Paso County, Texas. Bernhardt (Padalino, John) (Entered: 02/20/2019)

RECAP
6 Feb. 20, 2019

REQUEST FOR ISSUANCE OF SUMMONS by Border Network for Human Rights, El Paso County, Texas. Mnuchin (Padalino, John) (Entered: 02/20/2019)

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7 Feb. 20, 2019

REQUEST FOR ISSUANCE OF SUMMONS by Border Network for Human Rights, El Paso County, Texas. AG (Padalino, John) (Entered: 02/20/2019)

RECAP
8 Feb. 20, 2019

REQUEST FOR ISSUANCE OF SUMMONS by Border Network for Human Rights, El Paso County, Texas. US Atty (Padalino, John) (Entered: 02/20/2019)

RECAP
Feb. 20, 2019

Case assigned to Judge David Briones. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (mn)

Feb. 20, 2019

If ordered by the court, all referrals will be assigned to Magistrate Judge Berton (mn)

9 Feb. 21, 2019

Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General (mn) (Entered: 02/21/2019)

RECAP
10 Feb. 22, 2019

Letter regarding pro hac vice appearance. Mailed to counsel.(lc3) (Entered: 02/22/2019)

RECAP
11 Feb. 25, 2019

MOTION to Appear Pro Hac Vice by John Charles Padalino Richard Mancino ( Filing fee $ 100 receipt number 0542-11805742) by on behalf of Border Network for Human Rights, El Paso County, Texas. (Padalino, John) (Entered: 02/25/2019)

RECAP
12 Feb. 25, 2019

MOTION to Appear Pro Hac Vice by John Charles Padalino Shaimaa Hussein ( Filing fee $ 100 receipt number 0542-11805806) by on behalf of Border Network for Human Rights, El Paso County, Texas. (Padalino, John) (Entered: 02/25/2019)

RECAP
13 Feb. 25, 2019

MOTION to Appear Pro Hac Vice by John Charles Padalino Matthew Dollan ( Filing fee $ 100 receipt number 0542-11805835) by on behalf of Border Network for Human Rights, El Paso County, Texas. (Padalino, John) (Entered: 02/25/2019)

RECAP
14 Feb. 25, 2019

MOTION to Appear Pro Hac Vice by John Charles Padalino Samantha Prince ( Filing fee $ 100 receipt number 0542-11805864) by on behalf of Border Network for Human Rights, El Paso County, Texas. (Padalino, John) (Entered: 02/25/2019)

RECAP
15 Feb. 25, 2019

MOTION to Appear Pro Hac Vice by John Charles Padalino David Bookbinder ( Filing fee $ 100 receipt number 0542-11805959) by on behalf of Border Network for Human Rights, El Paso County, Texas. (Padalino, John) (Entered: 02/25/2019)

RECAP
16 Feb. 25, 2019

MOTION to Appear Pro Hac Vice by John Charles Padalino Deana El-Mallawany ( Filing fee $ 100 receipt number 0542-11806045) by on behalf of Border Network for Human Rights, El Paso County, Texas. (Padalino, John) (Entered: 02/25/2019)

RECAP
17 Feb. 25, 2019

MOTION to Appear Pro Hac Vice by John Charles Padalino Justin Florence ( Filing fee $ 100 receipt number 0542-11806086) by on behalf of Border Network for Human Rights, El Paso County, Texas. (Padalino, John) (Entered: 02/25/2019)

RECAP
18 Feb. 25, 2019

MOTION to Appear Pro Hac Vice by John Charles Padalino Stuart Gerson ( Filing fee $ 100 receipt number 0542-11806123) by on behalf of Border Network for Human Rights, El Paso County, Texas. (Padalino, John) (Entered: 02/25/2019)

RECAP
19 Feb. 25, 2019

MOTION to Appear Pro Hac Vice by John Charles Padalino Eric Newland ( Filing fee $ 100 receipt number 0542-11806173) by on behalf of Border Network for Human Rights, El Paso County, Texas. (Padalino, John) (Entered: 02/25/2019)

RECAP
20 Feb. 25, 2019

MOTION to Appear Pro Hac Vice by John Charles Padalino Kristy Parker ( Filing fee $ 100 receipt number 0542-11806221) by on behalf of Border Network for Human Rights, El Paso County, Texas. (Padalino, John) (Entered: 02/25/2019)

RECAP
21 Feb. 25, 2019

MOTION to Appear Pro Hac Vice by John Charles Padalino Laurence Tribe ( Filing fee $ 100 receipt number 0542-11806275) by on behalf of Border Network for Human Rights, El Paso County, Texas. (Padalino, John) (Entered: 02/25/2019)

RECAP
22 Feb. 26, 2019

ORDER GRANTING 17 Motion to Appear Pro Hac Vice for Attorney Justin Florence for Border Network for Human Rights,Justin Florence for El Paso County, Texas. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge David Briones. (lc3) (Entered: 02/27/2019)

RECAP
23 Feb. 26, 2019

ORDER GRANTING 21 Motion to Appear Pro Hac Vice for Attorney Laurence H. Tribe for Border Network for Human Rights,Laurence H. Tribe for El Paso County, Texas. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge David Briones. (lc3) (Entered: 02/27/2019)

RECAP
24 Feb. 26, 2019

ORDER GRANTING 20 Motion to Appear Pro Hac Vice for Attorney Kristy Parker for Border Network for Human Rights,Kristy Parker for El Paso County, Texas. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge David Briones. (lc3) (Entered: 02/27/2019)

RECAP
25 Feb. 26, 2019

ORDER GRANTING 19 Motion to Appear Pro Hac Vice for Attorney Erica Newland for Border Network for Human Rights,Erica Newland for El Paso County, Texas. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge David Briones. (lc3) (Entered: 02/27/2019)

RECAP
26 Feb. 26, 2019

ORDER GRANTING 18 Motion to Appear Pro Hac Vice for Attorney Stuart M. Gerson for Border Network for Human Rights,Stuart M. Gerson for El Paso County, Texas. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge David Briones. (lc3) (Entered: 02/27/2019)

RECAP
27 Feb. 26, 2019

ORDER GRANTING 14 Motion to Appear Pro Hac Vice for Attorney Samantha G. Prince for Border Network for Human Rights,Samantha G. Prince for El Paso County, Texas. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge David Briones. (lc3) (Entered: 02/27/2019)

RECAP
28 Feb. 26, 2019

ORDER GRANTING 13 Motion to Appear Pro Hac Vice for Attorney Matthew Dollan for Border Network for Human Rights,Matthew Dollan for El Paso County, Texas. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge David Briones. (lc3) (Entered: 02/27/2019)

RECAP
29 Feb. 26, 2019

ORDER GRANTING 12 Motion to Appear Pro Hac Vice for Attorney Shaimaa Hussein for Border Network for Human Rights,Shaimaa Hussein for El Paso County, Texas. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge David Briones. (lc3) (Entered: 02/27/2019)

RECAP
30 Feb. 26, 2019

ORDER GRANTING 11 Motion to Appear Pro Hac Vice for Attorney Richard Mancino for Border Network for Human Rights,Richard Mancino for El Paso County, Texas. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge David Briones. (lc3) (Entered: 02/27/2019)

RECAP
31 Feb. 26, 2019

ORDER GRANTING 16 Motion to Appear Pro Hac Vice for Attorney Deana K. El-Mallawany for Border Network for Human Rights,Deana K. El-Mallawany for El Paso County, Texas. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge David Briones. (lc3) (Entered: 02/27/2019)

RECAP
32 Feb. 26, 2019

ORDER GRANTING 15 Motion to Appear Pro Hac Vice for Attorney David Bookbinder for Border Network for Human Rights,David Bookbinder for El Paso County, Texas. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge David Briones. (lc3) (Entered: 02/27/2019)

RECAP
33 March 8, 2019

MOTION to Appear Pro Hac Vice by John Charles Padalino Stephanie Llanes ( Filing fee $ 100 receipt number 0542-11856092) by on behalf of Border Network for Human Rights, El Paso County, Texas. (Padalino, John) (Entered: 03/08/2019)

RECAP
34 March 8, 2019

SUMMONS Returned Executed by El Paso County, Texas, Border Network for Human Rights. William Barr served on 3/7/2019, answer due 3/28/2019. (Padalino, John) (Entered: 03/08/2019)

RECAP
35 March 8, 2019

SUMMONS Returned Executed by Border Network for Human Rights, El Paso County, Texas. David Bernhardt served on 3/5/2019, answer due 3/26/2019. (Padalino, John) (Entered: 03/08/2019)

RECAP
36 March 8, 2019

SUMMONS Returned Executed by Border Network for Human Rights, El Paso County, Texas. Steven T Mnuchin served on 2/25/2019, answer due 3/18/2019. (Padalino, John) (Entered: 03/08/2019)

RECAP
37 March 8, 2019

SUMMONS Returned Executed by Border Network for Human Rights, El Paso County, Texas. Kirstjen M. Nielsen served on 2/25/2019, answer due 3/18/2019. (Padalino, John) (Entered: 03/08/2019)

RECAP
38 March 8, 2019

SUMMONS Returned Executed by Border Network for Human Rights, El Paso County, Texas. Patrick M. Shanahan served on 2/25/2019, answer due 3/18/2019. (Padalino, John) (Entered: 03/08/2019)

RECAP
39 March 8, 2019

SUMMONS Returned Executed by Border Network for Human Rights, El Paso County, Texas. Donald J. Trump served on 2/25/2019, answer due 3/18/2019. (Padalino, John) (Entered: 03/08/2019)

RECAP
40 March 8, 2019

SUMMONS Returned Executed by Border Network for Human Rights, El Paso County, Texas. John F. Bash served on 3/1/2019, answer due 4/30/2019. (Padalino, John) (Entered: 03/08/2019)

RECAP
41 March 8, 2019

MOTION for Leave to File Amicus Brief by Ray Elbert Parker. (lc3) (Additional attachment(s) added on 3/11/2019: # 1 Brief) (lc3). (Entered: 03/11/2019)

1 Brief

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RECAP
42 March 8, 2019

Memorandum in Support of 41 MOTION for Leave to File Amicus Brief by Ray Elbert Parker.(lc3) (Entered: 03/11/2019)

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43 March 8, 2019

NOTICE of Filing Notice of Hearing (lc3) (Entered: 03/11/2019)

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44 March 12, 2019

ORDER GRANTING 33 Motion to Appear Pro Hac Vice for Attorney Stephanie Llanes for Border Network for Human Rights,Stephanie Llanes for El Paso County, Texas. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge David Briones. (lc3) (Entered: 03/13/2019)

RECAP
45 April 9, 2019

NOTICE of Attorney Appearance by Michael Joseph Gerardi on behalf of William Barr, John F. Bash, David Bernhardt, Steven T Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Donald J. Trump. Attorney Michael Joseph Gerardi added to party William Barr(pty:dft), Attorney Michael Joseph Gerardi added to party John F. Bash(pty:dft), Attorney Michael Joseph Gerardi added to party David Bernhardt(pty:dft), Attorney Michael Joseph Gerardi added to party Steven T Mnuchin(pty:dft), Attorney Michael Joseph Gerardi added to party Kirstjen M. Nielsen(pty:dft), Attorney Michael Joseph Gerardi added to party Patrick M. Shanahan(pty:dft), Attorney Michael Joseph Gerardi added to party Donald J. Trump(pty:dft) (Gerardi, Michael) (Entered: 04/09/2019)

RECAP
46 April 9, 2019

Unopposed MOTION for Leave to File Motion to Dismiss in Excess of Page Limits and to Set Briefing Schedule by William Barr, John F. Bash, David Bernhardt, Steven T Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Donald J. Trump. (Attachments: # 1 Proposed Order)(Gerardi, Michael) (Entered: 04/09/2019)

1 Proposed Order

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47 April 10, 2019

NOTICE of Attorney Appearance by Andrew Irwin Warden on behalf of William Barr, John F. Bash, David Bernhardt, Steven T Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Donald J. Trump. Attorney Andrew Irwin Warden added to party William Barr(pty:dft), Attorney Andrew Irwin Warden added to party John F. Bash(pty:dft), Attorney Andrew Irwin Warden added to party David Bernhardt(pty:dft), Attorney Andrew Irwin Warden added to party Steven T Mnuchin(pty:dft), Attorney Andrew Irwin Warden added to party Kirstjen M. Nielsen(pty:dft), Attorney Andrew Irwin Warden added to party Patrick M. Shanahan(pty:dft), Attorney Andrew Irwin Warden added to party Donald J. Trump(pty:dft) (Warden, Andrew) (Entered: 04/10/2019)

RECAP
48 April 10, 2019

ORDER GRANTING 46 Motion for Leave to File Signed by Judge David Briones. (lc3) (Entered: 04/10/2019)

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49 April 23, 2019

Scheduling Recommendations/Proposed Scheduling Order by Border Network for Human Rights, El Paso County, Texas. (Attachments: # 1 Proposed Order)(El-Mallawany, Deana) (Entered: 04/23/2019)

1 Proposed Order

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50 April 23, 2019

MOTION to Appear Pro Hac Vice ( Filing fee $ 100 receipt number 30033945) by Ray Elliot Parker. (Attachments: # 1 payment)(lc3) (Entered: 04/24/2019)

1 payment

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51 April 24, 2019

SCHEDULING ORDER:. Signed by Judge David Briones. (lc3) (Entered: 04/24/2019)

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52 April 25, 2019

AMENDED COMPLAINT against David Bernhardt, Steven T Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Donald J. Trump, Todd T. Semonite amending, filed by Border Network for Human Rights, El Paso County, Texas.(Mancino, Richard) (Entered: 04/25/2019)

Clearinghouse
53 April 25, 2019

ORDER GRANTING 50 Motion to Appear Pro Hac Vice for Attorney Elizabeth Goitein for Ray Elliot Parker. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge David Briones. (lc3) (Entered: 04/25/2019)

RECAP
54 April 25, 2019

MOTION for Summary Judgment or, in the alternative, a Preliminary Injunction by Border Network for Human Rights, El Paso County, Texas. (Mancino, Richard) (Entered: 04/25/2019)

Clearinghouse
55 April 25, 2019

AFFIDAVIT in Support of 54 MOTION for Summary Judgment or, in the alternative, a Preliminary Injunction (Declaration of Richard Mancino) by Border Network for Human Rights, El Paso County, Texas. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28)(Mancino, Richard) (Entered: 04/25/2019)

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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19 Exhibit 19

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20 Exhibit 20

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25 Exhibit 25

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26 Exhibit 26

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27 Exhibit 27

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28 Exhibit 28

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RECAP
56 April 30, 2019

MOTION to Appear Pro Hac Vice by John Charles Padalino ( Filing fee $ 100 receipt number 0542-12057334) by on behalf of Border Network for Human Rights, El Paso County, Texas. (Padalino, John) (Entered: 04/30/2019)

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57 April 30, 2019

MOTION to Appear Pro Hac Vice by John Charles Padalino ( Filing fee $ 100 receipt number 0542-12057397) by on behalf of Border Network for Human Rights, El Paso County, Texas. (Padalino, John) (Entered: 04/30/2019)

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58 May 1, 2019

ORDER GRANTING 57 Motion to Appear Pro Hac Vice for Attorney Anton Metlitsky for Border Network for Human Rights,Anton Metlitsky for El Paso County, Texas. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge David Briones. (lc3) (Entered: 05/01/2019)

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59 May 1, 2019

ORDER GRANTING 56 Motion to Appear Pro Hac Vice for Attorney Ephraim A. McDowell for Border Network for Human Rights,Ephraim A. McDowell for El Paso County, Texas. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge David Briones. (lc3) (Entered: 05/01/2019)

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60 May 2, 2019

MOTION for Leave to File Amicus Brief by Elizabeth Goitein. by Brennan Center for Justice. (Attachments: # 1 Amicus Brief, # 2 Proposed Order)(Goitein, Elizabeth) (Entered: 05/02/2019)

1 Amicus Brief

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2 Proposed Order

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61 May 3, 2019

Unopposed MOTION for Leave to File Amicus Brief by Clark Richards. by Iraq and Afghanistan Veterans of America. (Attachments: # 1 Brief, # 2 Proposed Order)(Richards, Clark) (Entered: 05/03/2019)

1 Brief

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2 Proposed Order

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62 May 3, 2019

ORDER GRANTING 60 Motion for Leave to File Amicus Brief Signed by Judge David Briones. (lc3) (Entered: 05/03/2019)

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63 May 3, 2019

BRIEF IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMAYR JUDGMENT by Brennan Center for Justice. (lc3) (Entered: 05/03/2019)

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64 May 8, 2019

MOTION to Withdraw as Attorney by Border Network for Human Rights, El Paso County, Texas. (Attachments: # 1 Proposed Order)(Dollan, Matthew) (Entered: 05/08/2019)

1 Proposed Order

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65 May 9, 2019

ORDER GRANTING 61 Motion for Leave to File Amicus Brief by Iraq and Afghanistan Veterans of America, Signed by Judge David Briones. (mt) (Entered: 05/09/2019)

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66 May 9, 2019

ORDER GRANTING 64 Motion to Withdraw as Attorney as counsel for Plaintiffs El Paso County, Texas, and Border Network for Human Rights, Signed by Judge David Briones. (mt) (Entered: 05/09/2019)

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67 May 9, 2019

BRIEF of Iraq and Afghanistan Veterans of America as AMICUS BRIEF (mt) (Entered: 05/09/2019)

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68 May 16, 2019

MOTION for Leave to File Amicus Brief by Charles E. Fowler. by Former Republican Members of Congress. (Attachments: # 1 Amicus Brief, # 2 Proposed Order)(Fowler, Charles) (Entered: 05/16/2019)

1 Amicus Brief

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2 Proposed Order

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69 May 16, 2019

Consent MOTION for Leave to File Amicus Brief by E. Christopher Beeler. by Former Republican Members of Congress. (Attachments: # 1 Brief of Former Members of Congress as Amici Curiae ISO Plaintiffs' MSJ or in the Alternative A Preliminary Injunction, # 2 Proposed Order Granting Consent Motion)(Beeler, E.) (Entered: 05/16/2019)

1 Brief of Former Members of Congress as Amici Curiae ISO Plaintiffs' MSJ or

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2 Proposed Order Granting Consent Motion

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70 May 16, 2019

REQUEST FOR ISSUANCE OF SUMMONS by Border Network for Human Rights, El Paso County, Texas. Semonite (Padalino, John) (Entered: 05/16/2019)

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71 May 17, 2019

ORDER GRANTING 68 Motion for Leave to File Amicus Brief Signed by Judge David Briones. (mm1) Modified on 5/17/2019 (mm1). (Entered: 05/17/2019)

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72 May 17, 2019

ORDER GRANTING 69 Motion for Leave to File Brief of Former Members of Congress as Amici Curiae Signed by Judge David Briones. (mm1) (Entered: 05/17/2019)

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73 May 17, 2019

BRIEF regarding 54 MOTION for Summary Judgment or, in the alternative, a Preliminary Injunction by Former Republican and Democratic Members of Congress. (mm1) (Entered: 05/17/2019)

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74 May 17, 2019

AMICUS BRIEF by Former Republican and Democratic Members of Congress. (mm1) (Entered: 05/17/2019)

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75 May 17, 2019

Summons Issued as to Todd T. Semonite. (mm1) (Entered: 05/17/2019)

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76 May 21, 2019

Unopposed MOTION for Leave to File Amicus Brief by Renea Hicks. by Amici Project on Government Oversight, Christopher Shays, Christine Todd Whitman, Peter Keisler, Carter Phillips, John Bellinger, III, Samuel Witten, Samuel Twardy, Richard Bernstein. (Attachments: # 1 Brief Amicus Brief with Appendices A,B,C, # 2 Proposed Order)(Hicks, Max) (Entered: 05/21/2019)

1 Brief Amicus Brief with Appendices A,B,C

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2 Proposed Order

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77 May 21, 2019

MOTION to Appear Pro Hac Vice by Max Renea Hicks on Behalf of Richard D. Bernstein ( Filing fee $ 100 receipt number 0542-12138154) by on behalf of Amici Project on Government Oversight, John Bellinger, III, Richard Bernstein, Peter Keisler, Carter Phillips, Christopher Shays, Samuel Twardy, Christine Todd Whitman, Samuel Witten. (Attachments: # 1 Proposed Order)(Hicks, Max) (Entered: 05/21/2019)

1 Proposed Order

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78 May 22, 2019

ORDER GRANTING 76 Motion for Leave to File Amicus Brief Signed by Judge David Briones. (lc3) (Entered: 05/22/2019)

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79 May 22, 2019

BRIEF by Peter Keisler, Carter Phillips, Project on Government Oversight, Christopher Shays, Samuel Twardy, Christine Todd Whitman, Samuel Witten. (lc3) (Entered: 05/22/2019)

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80 May 22, 2019

ORDER GRANTING 77 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge David Briones. (lc3) (Entered: 05/22/2019)

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81 May 23, 2019

Consent MOTION for Leave to File Amicus Brief by Joseph M. Abraham. by 49 Religious Organizations. (Attachments: # 1 Amicus Brief, # 2 Proposed Order)(Abraham, Joseph) (Entered: 05/23/2019)

1 Amicus Brief

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2 Proposed Order

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82 May 23, 2019

MOTION to Appear Pro Hac Vice by Joseph M. Abraham on Behalf of Mohammed A. Badat ( Filing fee $ 100 receipt number 0542-12149143) by on behalf of 49 Religious Organizations. (Attachments: # 1 Proposed Order)(Abraham, Joseph) (Entered: 05/23/2019)

1 Proposed Order

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83 May 23, 2019

MOTION to Appear Pro Hac Vice by Joseph M. Abraham on Behalf of Angela M. Liu ( Filing fee $ 100 receipt number 0542-12149251) by on behalf of 49 Religious Organizations. (Attachments: # 1 Proposed Order)(Abraham, Joseph) (Entered: 05/23/2019)

1 Proposed Order

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84 May 23, 2019

MOTION to Appear Pro Hac Vice by Joseph M. Abraham on Behalf of Adeel A. Mangi ( Filing fee $ 100 receipt number 0542-12149295) by on behalf of 49 Religious Organizations. (Attachments: # 1 Proposed Order)(Abraham, Joseph) (Entered: 05/23/2019)

1 Proposed Order

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85 May 23, 2019

MOTION to Appear Pro Hac Vice by Joseph M. Abraham on Behalf of Steven A. Zalesin ( Filing fee $ 100 receipt number 0542-12149315) by on behalf of 49 Religious Organizations. (Attachments: # 1 Proposed Order)(Abraham, Joseph) (Entered: 05/23/2019)

1 Proposed Order

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86 May 23, 2019

ORDER GRANTING 41 Motion for Leave to File Amicus Brief by Ray Elbert Parker, Signed by Judge David Briones. (mt) (Entered: 05/23/2019)

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87 May 23, 2019

Amicus BRIEF in Support of Defendant Donald J. Trump, President of the United States of America by Ray Elbert Parker. (mt) (Entered: 05/23/2019)

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88 May 24, 2019

ORDER GRANTING 81 Motion for Leave to File Amicus Brief Signed by Judge David Briones. (lc3) (Entered: 05/24/2019)

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89 May 24, 2019

BRIEF by 49 Religious Organizations. (lc3) (Entered: 05/24/2019)

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90 May 24, 2019

ORDER GRANTING 83 Motion to Appear Pro Hac Vice for Attorney Angela M. Liu for 49 Religious Organizations. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge David Briones. (lc3) (Entered: 05/24/2019)

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91 May 24, 2019

ORDER GRANTING 85 Motion to Appear Pro Hac Vice for Attorney Steven A. Zalesin for 49 Religious Organizations. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge David Briones. (lc3) (Entered: 05/24/2019)

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92 May 24, 2019

ORDER GRANTING 84 Motion to Appear Pro Hac Vice for Attorney Adeel A. Mangi for 49 Religious Organizations. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge David Briones. (lc3) (Entered: 05/24/2019)

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93 May 24, 2019

ORDER GRANTING 82 Motion to Appear Pro Hac Vice for Attorney Mohammed A. Badat for 49 Religious Organizations. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge David Briones. (lc3) (Entered: 05/24/2019)

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94 June 4, 2019

NOTICE of Attorney Appearance by Joseph M. Abraham on behalf of 49 Religious Organizations. Attorney Joseph M. Abraham added to party 49 Religious Organizations(pty:am) (Abraham, Joseph) (Entered: 06/04/2019)

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95 June 10, 2019

Cross MOTION for Summary Judgment, MOTION to Dismiss and Opposition to Plaintiffs' Motion for Summary Judgment and a Preliminary Injunction by William Barr, John F. Bash, David Bernhardt, Steven T Mnuchin, Kirstjen M. Nielsen, Todd T. Semonite, Patrick M. Shanahan, Donald J. Trump. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Proposed Order)(Gerardi, Michael) (Entered: 06/10/2019)

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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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Proposed Order

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Clearinghouse
96 June 24, 2019

MOTION for Extension of Time to File Attorney Elizabeth Goitein's Application for Admission to the Western District of Texas by Brennan Center for Justice. (Attachments: # 1 Proposed Order)(Goitein, Elizabeth) (Entered: 06/24/2019)

1 Proposed Order

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Case Details

State / Territory:

Texas

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Trump 1.0 & 2.0 Immigration Enforcement Order Challenges

Trump Administration 1.0: Challenges to the Government

Key Dates

Filing Date: Feb. 20, 2019

Closing Date: Jan. 28, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

El Paso County of Texas and the Border Network for Human Rights, Inc.

Plaintiff Type(s):

City/County Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Department of Defense

Department of Homeland Security

Department of Interior

Department of Treasury

President of the United States

Case Details

Causes of Action:

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Take Care Clause

Other Dockets:

Western District of Texas 3:19-cv-00066

U.S. Court of Appeals for the Fifth Circuit 19-51144

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Content of Injunction:

National / Universal injunction

Preliminary relief granted

Issues

Immigration/Border:

Border wall

Recommended Citation