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

Case Ongoing

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 of Texas and Border Network for Human Rights, Inc. filed this lawsuit in the U.S. District Court for the Western District of Texas. The plaintiffs sued President Trump and the Departments of Defense, Homeland Security, Interior, and Treasury for unlawfully funding barriers at the U.S.-Mexico border. The plaintiffs, represen…

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 of Texas and Border Network for Human Rights, Inc. filed this lawsuit in the U.S. District Court for the Western District of Texas. The plaintiffs sued President Trump and the Departments of Defense, Homeland Security, Interior, and Treasury for unlawfully funding barriers at the U.S.-Mexico border. The plaintiffs, represented by The Protect Democracy Project, Niskanen Center, Willkie Farr & Gallagher LLP, and others, sought declaratory and injunctive relief to stop the defendants from taking any action under the President’s Proclamation of February 15, 2019, which declared a national emergency on the U.S.-Mexico border.

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. On February 2019, Congress passed the 2019 Consolidated Appropriations Act, which allocated $1.375 billion in funding for fencing in specific locations along the southern border. President Trump then issued the Proclamation in order 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' exclusive power to appropriate funds, the Administrative Procedure Act (5 U.S.C. §§ 551 et seq.) by implementing the Proclamation in an arbitrary and capricious manner, and the NEA itself because no national emergency existed.

The plaintiffs filed an amended complaint on April 25, 2019, which emphasized the plaintiffs' allegations that the Proclamation would harm El Paso County's tourism and economic development. On the same day, the plaintiffs filed a motion for summary judgment or, in the alternative, a preliminary injunction. The defendants also filed a motion for summary judgment on June 10, 2019, claiming, among other things, that the plaintiffs lacked standing and failed to satisfy APA requirements for review of agency action.

The court (Judge David Briones) granted plaintiff’s motion for summary judgment or, in the alternative, a preliminary injunction and denied the defendant’s motion for summary judgment on October 11, 2019. The court determined that the plaintiffs had standing and 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.

This case is ongoing.

Summary Authors

Kevin Longhany (11/21/2019)

Bogyung Lim (2/25/2020)

People

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


Judge(s)

Briones, David (Texas)

Attorneys(s) for Plaintiff

Bookbinder, David (District of Columbia)

Dollan, Matthew R. (New York)

El−Mallawany, Deana K (Massachusetts)

Florence, Justin (District of Columbia)

Gerson, Stuart M. (District of Columbia)

Hussein, Shaimaa M. (New York)

Llanes, Stephanie (New York)

Mancino, Richard (New York)

McDowell, Ephraim A (District of Columbia)

Judge(s)

Briones, David (Texas)

Attorneys(s) for Plaintiff

Bookbinder, David (District of Columbia)

Dollan, Matthew R. (New York)

El−Mallawany, Deana K (Massachusetts)

Florence, Justin (District of Columbia)

Gerson, Stuart M. (District of Columbia)

Hussein, Shaimaa M. (New York)

Llanes, Stephanie (New York)

Mancino, Richard (New York)

McDowell, Ephraim A (District of Columbia)

Metlitsky, Anton (New York)

Newland, Erica (District of Columbia)

Padalino, John Charles (Texas)

Parker, Kristy (District of Columbia)

Prince, Samatha G (New York)

Tribe, Laurence (Massachusetts)

Attorneys(s) for Defendant

Burnham, James M (District of Columbia)

Davis, Kathryn Celia (District of Columbia)

Gerardi, Michael J. (District of Columbia)

Vigen, Leslie Cooper (District of Columbia)

Warden, Andrew Irwin (District of Columbia)

Westmoreland, Rachael (District of Columbia)

Westmoreland [inactive], Rachel Lynn (District of Columbia)

Other Attorney(s)

Abraham, Joseph M (Texas)

Badat, Mohammed A (New York)

Beeler, E Christopher (California)

Bernstein, Richard D. (District of Columbia)

Borgelt, Roger (Texas)

Fowler, Charles E (Texas)

Goitein, Elizabeth (District of Columbia)

Hicks, Max Renea (Texas)

Liu, Angela M. (Illinois)

Mangi, Adeel Abdullah (New York)

Richards, Clark Willis (Texas)

Zalesin, Steven Alan (New York)

Documents in the Clearinghouse

Document

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
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
52

3:19-cv-00066

Plaintiffs' First Amended Complaint

April 25, 2019

April 25, 2019

Complaint
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

408 F.Supp.3d 840, 2019 WL 5092396

Oct. 11, 2019

Oct. 11, 2019

Order/Opinion
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

407 F.Supp.3d 655

Dec. 10, 2019

Dec. 10, 2019

Order/Opinion

Resources

Docket

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

Last updated Aug. 5, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

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

View on PACER

2 Corporate Disclosure

View on PACER

Feb. 20, 2019

Feb. 20, 2019

RECAP
2

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

Feb. 20, 2019

Feb. 20, 2019

RECAP
3

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

Feb. 20, 2019

Feb. 20, 2019

PACER
4

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

Feb. 20, 2019

Feb. 20, 2019

PACER
5

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

Feb. 20, 2019

Feb. 20, 2019

PACER
6

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

Feb. 20, 2019

Feb. 20, 2019

PACER
7

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

Feb. 20, 2019

Feb. 20, 2019

PACER
8

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

Feb. 20, 2019

Feb. 20, 2019

PACER

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

Feb. 20, 2019

PACER

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

Feb. 20, 2019

Feb. 20, 2019

PACER
9

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

Feb. 21, 2019

Feb. 21, 2019

PACER
10

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

Feb. 22, 2019

Feb. 22, 2019

PACER
11

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)

Feb. 25, 2019

Feb. 25, 2019

PACER
12

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)

Feb. 25, 2019

Feb. 25, 2019

PACER
13

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)

Feb. 25, 2019

Feb. 25, 2019

PACER
14

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)

Feb. 25, 2019

Feb. 25, 2019

PACER
15

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)

Feb. 25, 2019

Feb. 25, 2019

PACER
16

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)

Feb. 25, 2019

Feb. 25, 2019

PACER
17

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)

Feb. 25, 2019

Feb. 25, 2019

PACER
18

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)

Feb. 25, 2019

Feb. 25, 2019

PACER
19

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)

Feb. 25, 2019

Feb. 25, 2019

PACER
20

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)

Feb. 25, 2019

Feb. 25, 2019

PACER
21

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)

Feb. 25, 2019

Feb. 25, 2019

PACER
22

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)

Feb. 26, 2019

Feb. 26, 2019

PACER
23

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)

Feb. 26, 2019

Feb. 26, 2019

PACER
24

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)

Feb. 26, 2019

Feb. 26, 2019

PACER
25

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)

Feb. 26, 2019

Feb. 26, 2019

PACER
26

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)

Feb. 26, 2019

Feb. 26, 2019

PACER
27

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)

Feb. 26, 2019

Feb. 26, 2019

PACER
28

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)

Feb. 26, 2019

Feb. 26, 2019

PACER
29

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)

Feb. 26, 2019

Feb. 26, 2019

PACER
30

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)

Feb. 26, 2019

Feb. 26, 2019

PACER
31

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)

Feb. 26, 2019

Feb. 26, 2019

PACER
32

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)

Feb. 26, 2019

Feb. 26, 2019

PACER
33

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)

March 8, 2019

March 8, 2019

PACER
34

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)

March 8, 2019

March 8, 2019

PACER
35

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)

March 8, 2019

March 8, 2019

PACER
36

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)

March 8, 2019

March 8, 2019

PACER
37

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)

March 8, 2019

March 8, 2019

PACER
38

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)

March 8, 2019

March 8, 2019

PACER
39

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)

March 8, 2019

March 8, 2019

RECAP
40

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)

March 8, 2019

March 8, 2019

PACER
41

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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March 8, 2019

March 8, 2019

PACER
42

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

March 8, 2019

March 8, 2019

RECAP
43

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

March 8, 2019

March 8, 2019

PACER
44

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)

March 12, 2019

March 12, 2019

PACER
45

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)

April 9, 2019

April 9, 2019

PACER
46

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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April 9, 2019

April 9, 2019

PACER
47

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)

April 10, 2019

April 10, 2019

PACER
48

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

April 10, 2019

April 10, 2019

PACER
49

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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April 23, 2019

April 23, 2019

PACER
50

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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April 23, 2019

April 23, 2019

PACER
51

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

April 24, 2019

April 24, 2019

RECAP
52

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)

April 25, 2019

April 25, 2019

PACER
53

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)

April 25, 2019

April 25, 2019

PACER
54

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)

April 25, 2019

April 25, 2019

RECAP
55

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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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 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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14 Exhibit 14

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15 Exhibit 15

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16 Exhibit 16

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17 Exhibit 17

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18 Exhibit 18

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19 Exhibit 19

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20 Exhibit 20

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21 Exhibit 21

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22 Exhibit 22

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23 Exhibit 23

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24 Exhibit 24

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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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April 25, 2019

April 25, 2019

PACER
56

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)

April 30, 2019

April 30, 2019

PACER
57

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)

April 30, 2019

April 30, 2019

PACER
58

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)

May 1, 2019

May 1, 2019

PACER
59

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)

May 1, 2019

May 1, 2019

PACER
60

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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May 2, 2019

May 2, 2019

PACER
61

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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May 3, 2019

May 3, 2019

PACER
62

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

May 3, 2019

May 3, 2019

PACER
63

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

May 3, 2019

May 3, 2019

PACER
64

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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May 8, 2019

May 8, 2019

PACER
65

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)

May 9, 2019

May 9, 2019

PACER
66

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)

May 9, 2019

May 9, 2019

PACER
67

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

May 9, 2019

May 9, 2019

RECAP
68

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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May 16, 2019

May 16, 2019

PACER
69

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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May 16, 2019

May 16, 2019

PACER
70

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

May 16, 2019

May 16, 2019

PACER
71

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)

May 17, 2019

May 17, 2019

PACER
72

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)

May 17, 2019

May 17, 2019

PACER
73

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)

May 17, 2019

May 17, 2019

PACER
74

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

May 17, 2019

May 17, 2019

PACER
75

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

May 17, 2019

May 17, 2019

PACER
76

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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May 21, 2019

May 21, 2019

PACER
77

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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May 21, 2019

May 21, 2019

PACER
78

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

May 22, 2019

May 22, 2019

PACER
79

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

May 22, 2019

May 22, 2019

PACER
80

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)

May 22, 2019

May 22, 2019

PACER
81

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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May 23, 2019

May 23, 2019

PACER
82

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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May 23, 2019

May 23, 2019

PACER
83

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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May 23, 2019

May 23, 2019

PACER
84

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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May 23, 2019

May 23, 2019

PACER
85

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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May 23, 2019

May 23, 2019

PACER
86

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

May 23, 2019

May 23, 2019

PACER
87

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)

May 23, 2019

May 23, 2019

PACER
88

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

May 24, 2019

May 24, 2019

PACER
89

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

May 24, 2019

May 24, 2019

PACER
90

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)

May 24, 2019

May 24, 2019

PACER
91

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)

May 24, 2019

May 24, 2019

PACER
92

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)

May 24, 2019

May 24, 2019

PACER
93

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)

May 24, 2019

May 24, 2019

PACER
94

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)

June 4, 2019

June 4, 2019

PACER
95

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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June 10, 2019

June 10, 2019

PACER
96

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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June 24, 2019

June 24, 2019

PACER
97

MOTION for Leave to File Amicus Brief by Roger Borgelt. by Andy Barr. (Borgelt, Roger) (Entered: 06/25/2019)

June 25, 2019

June 25, 2019

PACER
98

BRIEF regarding 97 MOTION for Leave to File Amicus Brief by Roger Borgelt. by Andy Barr. (Borgelt, Roger) (Entered: 06/25/2019)

June 25, 2019

June 25, 2019

PACER

Case Details

State / Territory: Texas

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 20, 2019

Case Ongoing: Yes

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

Department of Defense, Federal

Department of Homeland Security, Federal

Department of Interior (Washington D.C.), Federal

Department of Treasury (Washington D.C. ), Federal

President of the United States (Washington), Federal

Case Details

Causes of Action:

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

Ex parte Young (federal or state officials)

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

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 granted

Issues

Immigration/Border:

Border wall