Case: United States v. State of Texas

7:25-cv-00055 | U.S. Court of Appeals for the Fifth Circuit

Filed Date: June 4, 2025

Case Ongoing

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Case Summary

This case, brought by the federal government, challenged a Texas law that allowed noncitizens unlawfully present in the U.S. to receive in-state tuition rates. Federal law prohibited unlawfully present "aliens" from being eligible for any postsecondary education benefit that is not equally available to U.S. citizens. 8 U.S.C. § 1623(a). In-state tuition rates were available to certain noncitizens in Texas, but not to U.S. citizens who resided in states other than Texas. On June 4, 2025, the U.S…

This case, brought by the federal government, challenged a Texas law that allowed noncitizens unlawfully present in the U.S. to receive in-state tuition rates.

Federal law prohibited unlawfully present "aliens" from being eligible for any postsecondary education benefit that is not equally available to U.S. citizens. 8 U.S.C. § 1623(a). In-state tuition rates were available to certain noncitizens in Texas, but not to U.S. citizens who resided in states other than Texas. On June 4, 2025, the U.S. Department of Justice (DOJ) brought this case in the U.S. District Court for the Northern District of Texas against the State of Texas, alleging that the state law thus violated the Supremacy Clause. The DOJ sought a declaration that the challenged state law was invalid, a permanent injunction against its use, and attorneys' fees. The case was assigned to District Judge Reed Charles O'Connor.

Texas's attorney general agreed with the U.S. and, evidently having planned the case as a way to get rid of the state law, the DOJ and Texas jointly moved for judgment against the law the very same day the complaint was filed. On the basis of the parties' joint submission that the challenged provisions were unconstitutional, Judge O'Connor permanently enjoined Texas from enforcing them.

On June 11, 2025, Students for Affordable Tuition (SAT) filed a motion to intervene as a defendant in the case. On June 24, 2025, La Unión del Pueblo Entero, a noncitizen student, and Austin Community College (collectively, LUPE) filed emergency motions to intervene as defendants; to vacate the court's June 8, 2025, order and final judgment; and to stay the court's judgment.

These motions were denied as moot on August 18, 2025.

On August 15, 2025, Judge O’Connor denied both SAT and LUPE's motions to intervene because their intervention would have been "futile," reiterating that federal law is superior to Texas law. Thus, the proposed intervenors failed to state a plausible claim.

SAT and LUPE filed an appeal, first on August 6, 2025, to preserve their appeal rights before the deadline, and then on August 16, 2025, after the district court denied their motion to intervene.

SAT and LUPE filed a motion to stay the consent judgment pending appeal on August 29, 2025. They argued that the district court granted the consent judgment without jurisdiction because the U.S. and Texas wanted the same outcome from the lawsuit, and thus this was not an adversarial proceeding as required under Article III of the Constitution. SAT and LUPE also argued that they should be able to intervene as of right because: (1) their intervention was timely, (2) they had an interest in the Texas law remaining in place, (3) allowing the consent judgment to go into effect would impair this interest, and (4) because the Texas Attorney General did not defend the Texas law, their interest had not been represented by an existing party.

On September 8, 2025, the government filed its opposition in the Fifth Circuit to SAT and LUPE’s motion to stay the consent judgment pending appeal of the order denying intervention. In its brief, the government argued that plaintiff-appellants had no likelihood of success on the merits in challenging the district court’s denial of intervention. The government also argued that the district court was correct in concluding that Section 1623(a) expressly preempts Texas law and pointed to the Fifth Circuit’s decision in Young Conservatives of Texas Foundation v. Smatresk as supportive precedent. The government therefore sought denial of SAT and LUPE’s motion to stay, arguing that the district court correctly granted it relief as a matter of law.

Movant-appellants filed their reply in support of the motion for stay pending appeal on September 15, 2025, arguing that they were wrongly denied intervention as of right under Federal Rules of Civil Procedure (FRCP) 24(a)(2) because Texas and the U.S. did not meaningfully demonstrate that they were adversaries with respect to the Texas Education Code. Furthermore, they once again asserted that the consent judgment lacked the requisite Article III jurisdiction, as argued in their original motion.

Appellants LUPE, Austin Community College, and the individual defendant filed their opening brief on September 29, 2025, arguing that the district court erred in denying LUPE intervenor status. Appellants argued that LUPE was entitled to intervene as of right under the FRCP 24 because (1) the motion was timely, (2) LUPE has substantial interests at stake, (3) the denial of intervention harms LUPE, and (4) the parties do not adequately represent LUPE’s interests. Appellants also argued that the consent judgment should be vacated for lack of subject matter jurisdiction by the district court, lack of due process, and further procedural errors that allegedly justified vacatur. Lastly, appellants argued that the government failed to show that the Texas law was preempted by federal law.

On October 16, 2025, the Fifth Circuit denied movant-appellants SAT, LUPE, Austin Community College, and the individual appellant’s motion for stay pending appeal.

On October 29, 2025, movant-appellant SAT filed its brief arguing that the district court erred in denying SAT intervenor status. Appellants argued that SAT was entitled to intervene as of right under the FRCP 24, that the district court erroneously entered the consent judgment, and that the Dream Act complied with Section 1623(a). Alternatively, SAT argued that even if the Fifth Circuit were to conclude that the Dream Act was preempted by Section 1623(a), Section 1623(a) violates the principles of federalism codified by the Tenth Amendment because the federal government cannot tell the states how to legislate in areas of traditional state concern, such as education. Finally, SAT asserted that the district court’s invalidation of the entirety of the Dream Act is erroneous because the court failed to consider whether the Act was severable and therefore operative.

During the following few months, various amicus curiae briefs were filed.

On December 26, 2025, the federal government filed its answering brief. Asserting that the district court’s conclusions were correct, the government reiterated its arguments that the Dream Act was preempted by Section 1623(a) and that intervention by appellants was correctly denied. Regarding appellants’ constitutional arguments, including the federalism concerns, the government argued they lack merit.

On January 12, 2026, the state of Texas filed its response brief, arguing similarly to the federal government that the district court correctly denied appellants’ motions to intervene. Texas also argued that the Fifth Circuit lacked appellate jurisdiction to even vacate the consent judgment.

On February 2, 2026, appellants LUPE, Austin Community College, and the individual defendant filed their response brief reflecting the arguments made in their previous appellate briefs.

On June 4, 2026, a three-judge panel of Judges Smith, Willett, and Ramirez heard oral argument.

On July 9, 2026, the Fifth Circuit affirmed the district court’s denial of the motions to intervene and dismissed the remaining claims for lack of appellate jurisdiction. 181 F.4th 548. The Fifth Circuit agreed that Section 1623(a) preempted the Dream Act. Further, the Fifth Circuit found that appellants’ severability claims were meritless. On those grounds, the panel dismissed the remaining claims without addressing appellants’ Rule 24 intervention claims. Fifth Circuit Judge Irma Carrillo Ramirez dissented on the grounds that the district court’s evaluation of appellants’ motions to intervene was incomplete, and that Section 1623(a) is not a valid preemption statute.

On August 24, 2026, movant-appellants LUPE, Austin Community College, and the individual defendant filed a petition for rehearing en banc in the Fifth Circuit. They argued that the panel’s decision warranted en banc review under Federal Rule of Appellate Procedure (FRAP) Rule 40(b)(2) because (1) it conflicted with other courts of appeals, (2) it resulted in a judgment without true adversary between the parties, and (3) it invalidated a significant state statute on its face in a manner that upset the Tenth Amendment’s principles of federalism.

The Fifth Circuit denied the petition for rehearing en banc on September 8, 2026 and issued a mandate on September 15, 2026.

This case is ongoing.

Summary Authors

Sahana Shridhar (10/25/2026)

Matt Petrillo (7/15/2025)

Bryan Waugh (9/24/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70454897/parties/united-states-v-state-of-texas/

Judge(s)

Attorney for Plaintiff

Bernie, Andrew Marshall

Attorney for Defendant

Attorney, Ryan Daniel

Brewer, Simon Christopher (Texas)

Broder, Tanya (Texas)

Expert/Monitor/Master/Other

Attorney, Simon Christopher

Judge(s)

O'Connor, Reed Charles (Texas)

Attorney for Plaintiff

Bernie, Andrew Marshall

Ensign, Drew C (Texas)

Esq., Daniel Bentele

Fascett, Lauren (Texas)

Fleming, Angel (Texas)

General, Drew C.

Kambli, Abhishek (Texas)

Perez, Elianis N (Texas)

Skedzielewski, Sean (Texas)

Attorney for Defendant

Attorney, Ryan Daniel

Brewer, Simon Christopher (Texas)

Broder, Tanya (Texas)

College, Austin Community (Texas)

Corning, Sarah (Texas)

Correa, Andres (Texas)

Desai, Yaman (Texas)

Dolling, Zachary (Texas)

Donatti, David A. (Texas)

Entero, La Union (Texas)

Esq., William Francis

Gardner, Kyle Aaron (Texas)

Gonzalez, Kassandra (Texas)

Hatoum, Daniel (Texas)

Johnson, Wade Allen (Texas)

Kercher, Ryan (Texas)

Molina, Ralph Michael (Texas)

Netter, Brian David (Texas)

Olivares, Efren Carlos (Texas)

Patton, Christopher W (Texas)

Perryman, Skye L (Texas)

Petchenik, Molly (Texas)

Pinon, Adriana Cecilia (Texas)

Plemons, Nathaniel Anson

Rhines, Zachary Louis (Texas)

Rodriguez, Marlene Nathalie (Texas)

Saldivar, Edgar (Texas)

Salzman, Joshua Marc (Texas)

Silva, Oscar (Texas)

Walters, Ryan Daniel (Texas)

Wolfson, Paul (Texas)

Woodward, Daniel (Texas)

Xu, Zhenmian (Texas)

Other

Attorney, Simon Christopher

Nunez, Fernando (Texas)

Perales, Nina (Texas)

Rodriguez, Madeleine

Saenz, Thomas A. (Texas)

Terwey, Margaret Dunlay

Wolfman, Brian

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 7:25-cv-00055	Complaint U.S. District Court for the Northern District of Texas	June 4, 2025	June 4, 2025 Complaint
6 7:25-cv-00055	Joint Motion for Entry of Consent Judgment U.S. District Court for the Northern District of Texas	June 4, 2025	June 4, 2025 Pleading / Motion / Brief
8 7:25-cv-00055	Proposed Order and Final Consent Judgment U.S. District Court for the Northern District of Texas	June 4, 2025	June 4, 2025 Order/Opinion
76 7:25-cv-00055	Order U.S. District Court for the Northern District of Texas	Aug. 1, 2025	Aug. 1, 2025 Order/Opinion
88 7:25-cv-00055	Order on Motion for Leave to File AND Order on Motion to Intervene AND Order on Motion to Intervene AND Order on Motion to Strike United States of America v. Texas U.S. District Court for the Northern District of Texas	Aug. 15, 2025	Aug. 15, 2025 Order/Opinion
70 25-10898	United States’ Opposition To Movants’ Motion For A Stay Pending Appeal	Sept. 8, 2025	Sept. 8, 2025 Pleading / Motion / Brief
118 25-10898	Appellant/Petitioner Brief Filed	Oct. 29, 2025	Oct. 29, 2025
156 25-10898	Appellee/Respondent Brief Filed	Jan. 12, 2026	Jan. 12, 2026
166 25-10898	Appellant/Petitioner Reply Brief Filed	Feb. 2, 2026	Feb. 2, 2026
192 25-10898	Response to Rule 28(j) Filed	April 9, 2026	April 9, 2026

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/70454897/united-states-v-state-of-texas/

Last updated Nov. 10, 2026, 4:48 a.m.

Docket for: United States v. State of Texas

ECF Number	Date	Description	Link
1	June 4, 2025	COMPLAINT against All Defendants filed by United States. (Filer fee note- Filed by the USA) Summons(es) not requested at this time. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Cover Sheet) (Fascett, Lauren) (Entered: 06/04/2025) 1 Cover Sheet View on RECAP	Clearinghouse
2	June 4, 2025	CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by United States. (Clerk QC note: No affiliate entered in ECF). (Fascett, Lauren) (Entered: 06/04/2025)	RECAP
3	June 4, 2025	NOTICE of Attorney Appearance by Zachary Louis Rhines on behalf of Texas. (Filer confirms contact info in ECF is current.) (Rhines, Zachary) (Entered: 06/04/2025)	RECAP
4	June 4, 2025	NOTICE of Attorney Appearance by Wade Allen Johnson on behalf of Texas. (Filer confirms contact info in ECF is current.) (Johnson, Wade) (Entered: 06/04/2025)	RECAP
5	June 4, 2025	WAIVER OF SERVICE Returned Executed as to All Defendants. Waiver sent on 6/4/2025. (Fascett, Lauren) Modified to add service date on 6/4/2025 (jnp). (Entered: 06/04/2025)	RECAP
6	June 4, 2025	Consent MOTION for Judgment filed by United States, State of Texas with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Fascett, Lauren) Modified filers on 6/4/2025 (jnp). (Entered: 06/04/2025) 1 Proposed Order View on RECAP	Clearinghouse
7	June 4, 2025	New Case Notes: A filing fee is not due for this case. File to: No court file needed. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (No magistrate judge assigned). Clerk to provide copy to plaintiff if not received electronically. (jnp) (Entered: 06/04/2025)	RECAP
8	June 4, 2025	ORDER AND FINAL JUDGMENT granting 6 Motion for Judgment (Ordered by Judge Reed C. O'Connor on 6/4/2025) (Judge Reed C. O'Connor) (Main Document 8 replaced on 6/5/2025 with flattened image) (jnp). Modified docket text on 6/5/2025 (jnp). (Entered: 06/04/2025)	Clearinghouse
	June 4, 2025	Terminated Case
	June 4, 2025	Civil Case Terminated per DJ Chambers and 8 Order and Final Judgment. (jnp)
9	June 11, 2025	MOTION to Intervene filed by Students for Affordable Tuition with Brief/Memorandum in Support. (Attachments: # 1 Brief in Support, # 2 Proposed Answer). Party Students for Affordable Tuition added.Attorney Nina Perales added to party Students for Affordable Tuition(pty:intvd) (Perales, Nina) (Entered: 06/11/2025) 1 Brief in Support View on RECAP 2 Proposed Answer View on RECAP	RECAP
10	June 11, 2025	Brief/Memorandum in Support filed by Students for Affordable Tuition re 9 MOTION to Intervene (Perales, Nina) (Entered: 06/11/2025)	RECAP
11	June 23, 2025	Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Thomas A Saenz (Filing fee $100; Receipt number ATXNDC-15594602) filed by Students for Affordable Tuition (Attachments: # 1 Additional Page(s) Saenz Court Admissions, # 2 Additional Page(s) Saenz Certificate of Good Standing) (Perales, Nina) (Entered: 06/23/2025)	RECAP
12	June 23, 2025	Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Luis L Lozada (Filing fee $100; Receipt number ATXNDC-15595215) filed by Students for Affordable Tuition (Attachments: # 1 Additional Page(s) Lozada Court Admissions, # 2 Additional Page(s) Lozada Certificate of Good Standing) (Perales, Nina) (Entered: 06/23/2025)	RECAP
13	June 24, 2025	Supplemental Document by Students for Affordable Tuition as to 9 MOTION to Intervene PROPOSED ORDER. (Perales, Nina) (Entered: 06/24/2025)	RECAP
14	June 24, 2025	ELECTRONIC ORDER granting 11 Application for Admission Pro Hac Vice of Thomas A. Saenz. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 6/24/2025) (chmb) (RG) (Entered: 06/24/2025)	RECAP
15	June 24, 2025	ELECTRONIC ORDER granting 12 Application for Admission Pro Hac Vice of Luis Lozada. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 6/24/2025) (chmb) (RG) (Entered: 06/24/2025)	RECAP
16	June 24, 2025	Emergency MOTION to Intervene filed by LA UNION DEL PUEBLO ENTERO, Austin Community College, OSCAR SILVA with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order 2025-06-24 Proposed Order Granting Motion to Intervene). Party LA UNION DEL PUEBLO ENTERO, AUSTIN COMMUNITY COLLEGE, AND OSCAR SILVA added.Attorney Andres Correa added to party LA UNION DEL PUEBLO ENTERO(pty:intvd), Attorney Andres Correa added to party Austin Community College(pty:intvd), Attorney Andres Correa added to party OSCAR SILVA(pty:intvd) (Correa, Andres) (Entered: 06/24/2025) 1 Proposed Order 2025-06-24 Proposed Order Granting Motion to Intervene View on RECAP	RECAP
17	June 24, 2025	Emergency MOTION to Vacate re: 8 Order and Final Judgment filed by Austin Community College, LA UNION DEL PUEBLO ENTERO, OSCAR SILVA with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order 2025-06-24 Proposed Order Granting Motion to Vacate) (Correa, Andres) Modified linkage to 8 on 6/25/2025 (jnp). (Entered: 06/24/2025) 1 Proposed Order 2025-06-24 Proposed Order Granting Motion to Vacate View on RECAP	RECAP
18	June 24, 2025	MOTION to Stay filed by Austin Community College, LA UNION DEL PUEBLO ENTERO, OSCAR SILVA with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order Proposed Order)Attorney Yaman Desai added to party Austin Community College(pty:intvd), Attorney Yaman Desai added to party LA UNION DEL PUEBLO ENTERO(pty:intvd), Attorney Yaman Desai added to party OSCAR SILVA(pty:intvd) (Desai, Yaman) (Entered: 06/24/2025) 1 Proposed Order Proposed Order View on RECAP	RECAP
19	June 24, 2025	Appendix in Support filed by Austin Community College, LA UNION DEL PUEBLO ENTERO, OSCAR SILVA re 16 Emergency MOTION to Intervene, 17 Emergency MOTION to Vacate, 18 MOTION to Stay (Correa, Andres) (Entered: 06/24/2025)	RECAP
20	June 24, 2025	MOTION FOR LEAVE TO APPEAR WITHOUT LOCAL COUNSEL filed by Austin Community College, LA UNION DEL PUEBLO ENTERO, OSCAR SILVA (Attachments: # 1 Proposed Order 2025-06-24 Proposed Order Granting Motion for Leave to Waive Local Counsel) (Correa, Andres) (Entered: 06/24/2025) 1 Proposed Order 2025-06-24 Proposed Order Granting Motion for Leave to Waive Loca View on PACER	RECAP
	June 24, 2025	Order on Application for Admission Pro Hac Vice
21	June 25, 2025	ORDER: By no later than June 30, 2025, the United States and the State of Texas SHALL inform the Court whether the Court should expedite relief as to the above-mentioned 16, 17, 18 Motions or adhere to a traditional briefing schedule. (Ordered by Judge Reed C. O'Connor on 6/25/2025) (jnp) (Entered: 06/25/2025)	RECAP
22	June 25, 2025	ORDER: Proposed Intervenors' 20 Partially Unopposed Motion or Leave to Appear Without Local Counsel is GRANTED. Counsel for Proposed Intervenors is permitted to proceed without local counsel in accordance with Local Rule 83.10(a). (Ordered by Judge Reed C. O'Connor on 6/25/2025) (jnp) (Entered: 06/25/2025)	RECAP
23	June 25, 2025	Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Kassandra Gonzalez (Filing fee $100; Receipt number BTXNDC-15601384) filed by Austin Community College, La Union Del Pueblo Entero, Oscar Silva (Attachments: # 1 Exhibit(s) GOGS, # 2 Proposed Order) (Petchenik, Molly) (Entered: 06/25/2025)	RECAP
24	June 25, 2025	Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Daniel Hatoum (Filing fee $100; Receipt number ATXNDC-15601567) filed by Austin Community College, La Union Del Pueblo Entero, Oscar Silva (Attachments: # 1 Exhibit(s) COGS, # 2 Proposed Order) (Petchenik, Molly) (Entered: 06/25/2025)	RECAP
25	June 25, 2025	Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Daniel Woodward (Filing fee $100; Receipt number ATXNDC-15603177) filed by Austin Community College, La Union Del Pueblo Entero, Oscar Silva (Attachments: # 1 Exhibit(s) COGS, # 2 Proposed Order) (Petchenik, Molly) (Entered: 06/25/2025)	RECAP
26	June 25, 2025	MOTION For Leave to Appear Without Local Counsel filed by Students for Affordable Tuition (Attachments: # 1 Proposed Order) (Perales, Nina) (Entered: 06/25/2025)	RECAP
27	June 26, 2025	ELECTRONIC ORDER granting 23 Application for Admission Pro Hac Vice of Kassandra Gonzalez. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 6/26/2025) (chmb) (RG) (Entered: 06/26/2025)	RECAP
28	June 26, 2025	ELECTRONIC ORDER granting 24 Application for Admission Pro Hac Vice of Daniel Hatoum. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 6/26/2025) (chmb) (RG) (Entered: 06/26/2025)	RECAP
29	June 26, 2025	ELECTRONIC ORDER granting 25 Application for Admission Pro Hac Vice of Daniel Woodward. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 6/26/2025) (chmb) (RG) (Entered: 06/26/2025)	RECAP
30	June 26, 2025	ORDER: IT IS THEREFORE ORDERED that: 1. Proposed Intervenor Students for Affordable Tuition's 26 Unopposed Motion for Leave to Appear Without Local Counsel is GRANTED; and 2. Counsel for Proposed Intervenor is permitted to proceed without local counsel in accordance with Local Rule 83.10(a). (Ordered by Judge Reed C. O'Connor on 6/26/2025) (hcc) (Entered: 06/26/2025)	RECAP
31	June 26, 2025	NOTICE of Attorney Appearance by Angel Fleming on behalf of United States of America. (Filer confirms contact info in ECF is current.) (Fleming, Angel) (Entered: 06/26/2025)	RECAP
32	June 26, 2025	Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15605732) filed by Austin Community College, La Union Del Pueblo Entero, Oscar Silva (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Broder, Tanya) (Entered: 06/26/2025)	RECAP
	June 26, 2025	Order on Application for Admission Pro Hac Vice
33	June 30, 2025	ELECTRONIC ORDER granting 32 Application for Admission Pro Hac Vice of Tanya Broder. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 6/30/2025) (chmb) (RG) (Entered: 06/30/2025)	RECAP
34	June 30, 2025	Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15612916) filed by Austin Community College, La Union Del Pueblo Entero, Oscar Silva (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Salzman, Joshua) (Entered: 06/30/2025)	RECAP
35	June 30, 2025	Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15612970) filed by Austin Community College, La Union Del Pueblo Entero, Oscar Silva (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Netter, Brian) (Entered: 06/30/2025)	RECAP
36	June 30, 2025	Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15613011) filed by Austin Community College, La Union Del Pueblo Entero, Oscar Silva (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Wolfson, Paul) (Entered: 06/30/2025)	RECAP
37	June 30, 2025	Supplemental Document by Austin Community College as to 17 Emergency MOTION to Vacate, 18 MOTION to Stay . (Correa, Andres) Modified document linkage to 18 on 7/1/2025 (jnp). (Entered: 06/30/2025)	RECAP
38	June 30, 2025	Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15613047) filed by Austin Community College, La Union Del Pueblo Entero, Oscar Silva (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Perryman, Skye) (Entered: 06/30/2025)	RECAP
39	June 30, 2025	Supplemental Document by Austin Community College as to 19 Appendix in Support, of Emergency Motions. (Correa, Andres) (Entered: 06/30/2025)	RECAP
40	June 30, 2025	RESPONSE filed by United States of America re: 21 Order Setting Deadline/Hearing, (Fascett, Lauren) (Entered: 06/30/2025)	RECAP
	June 30, 2025	Order on Application for Admission Pro Hac Vice
41	July 1, 2025	REPLY filed by Austin Community College, La Union Del Pueblo Entero, Oscar Silva re: 40 Response/Objection (Desai, Yaman) (Entered: 07/01/2025)	RECAP
42	July 1, 2025	ELECTRONIC ORDER granting 34 Application for Admission Pro Hac Vice of Joshua M. Salzman. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 7/1/2025) (chmb) (RG) (Entered: 07/01/2025)	RECAP
43	July 1, 2025	ELECTRONIC ORDER granting 35 Application for Admission Pro Hac Vice of Brian Netter. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 7/1/2025) (chmb) (RG) (Entered: 07/01/2025)	RECAP
44	July 1, 2025	ELECTRONIC ORDER granting 36 Application for Admission Pro Hac Vice of Paul R.Q. Wolfson. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 7/1/2025) (chmb) (RG) (Entered: 07/01/2025)	RECAP
45	July 1, 2025	ELECTRONIC ORDER granting 38 Application for Admission Pro Hac Vice of Skye L. Perryman. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 7/1/2025) (chmb) (RG) (Entered: 07/01/2025)	RECAP
46	July 1, 2025	ORDER: The Court hereby DIRECTS the United States and the State of Texas to file their Responses to Proposed Intervenors' Motion to Intervene (ECF No. 16 ) by no later than July 14, 2025. Proposed Intervenors may file their Reply by no later than July 21, 2025. Additionally, the Court STAYS briefing on Proposed Intervenors' Emergency Motion for Relief from Judgment (ECF No. 17 ) and Proposed Intervenors' Emergency Motion for Stay of Judgment (ECF No. 18 ) until after the Court has ruled on Proposed Intervenors' Motion to Intervene. (Ordered by Judge Reed C. O'Connor on 7/1/2025) (jnp) (Entered: 07/01/2025)	RECAP
	July 1, 2025	Order on Application for Admission Pro Hac Vice
47	July 2, 2025	RESPONSE filed by State of Texas re: 9 MOTION to Intervene (Walters, Ryan) (Entered: 07/02/2025)	RECAP
48	July 2, 2025	RESPONSE filed by United States of America re: 9 MOTION to Intervene (Fascett, Lauren) (Entered: 07/02/2025)	RECAP
49	July 14, 2025	Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15649105) filed by Austin Community College, La Union Del Pueblo Entero, Oscar Silva (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order)Attorney Simon Christopher Brewer added to party Austin Community College(pty:intvd), Attorney Simon Christopher Brewer added to party La Union Del Pueblo Entero(pty:intvd), Attorney Simon Christopher Brewer added to party Oscar Silva(pty:intvd) (Brewer, Simon) (Entered: 07/14/2025)	RECAP
50	July 14, 2025	RESPONSE filed by State of Texas re: 16 Emergency MOTION to Intervene (Rhines, Zachary) (Entered: 07/14/2025)	RECAP
51	July 14, 2025	RESPONSE filed by United States of America re: 16 Emergency MOTION to Intervene (Perez, Elianis) (Entered: 07/14/2025)	RECAP
52	July 15, 2025	ELECTRONIC ORDER granting 49 Application for Admission Pro Hac Vice of Simon Christopher Brewer. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 7/15/2025) (chmb) (RG) (Entered: 07/15/2025)	RECAP
	July 15, 2025	Order on Application for Admission Pro Hac Vice
53	July 16, 2025	Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Fernando Nunez (Filing fee $100; Receipt number ATXNDC-15656363) filed by Students for Affordable Tuition (Attachments: # 1 Additional Page(s) Certificate of Good Standing) (Lozada, Luis) (Entered: 07/16/2025)	RECAP
54	July 16, 2025	REPLY filed by Students for Affordable Tuition re: 9 MOTION to Intervene (Lozada, Luis) (Entered: 07/16/2025)	RECAP
55	July 16, 2025	Appendix in Support filed by Students for Affordable Tuition re 54 Reply to State of Texas (Lozada, Luis) (Entered: 07/16/2025)	RECAP
56	July 16, 2025	REPLY filed by Students for Affordable Tuition re: 9 MOTION to Intervene (Lozada, Luis) (Entered: 07/16/2025)	RECAP
57	July 17, 2025	Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15658279) filed by Austin Community College, La Union Del Pueblo Entero, Oscar Silva (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order)Attorney Marlene Nathalie Berroa Rodriguez added to party Austin Community College(pty:intvd), Attorney Marlene Nathalie Berroa Rodriguez added to party La Union Del Pueblo Entero(pty:intvd), Attorney Marlene Nathalie Berroa Rodriguez added to party Oscar Silva(pty:intvd) (Berroa Rodriguez, Marlene) (Entered: 07/17/2025)	RECAP
58	July 17, 2025	ELECTRONIC ORDER granting 53 Application for Admission Pro Hac Vice of Fernando Nunez. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 7/17/2025) (chmb) (RG) (Entered: 07/17/2025)	RECAP
59	July 17, 2025	ELECTRONIC ORDER granting 57 Application for Admission Pro Hac Vice of Marlene Berroa Rodriguez. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 7/17/2025) (chmb) (RG) (Entered: 07/17/2025)	RECAP
60	July 17, 2025	MOTION for Leave to File to Exceed Page Limit filed by Austin Community College, La Union Del Pueblo Entero, Oscar Silva (Attachments: # 1 Proposed Order ORDER GRANTING UNOPPOSED MOTION FOR LEAVE TO EXCEED PAGE LIMIT) (Correa, Andres) (Entered: 07/17/2025)	RECAP
	July 17, 2025	Order on Application for Admission Pro Hac Vice
61	July 18, 2025	ORDER: Before the Court is Austin Community College, Oscar Silva, and La Unin del Pueblo Entero's 60 Motion to Exceed Page Limit. The Motion is GRANTED. Proposed Intervenors may file their combined Reply brief, responding to the parties' responses opposing Proposed Intervenors' 16 Emergency Motion to Intervene, of up to twenty (20) pages. (Ordered by Judge Reed C. O'Connor on 7/18/2025) (jnp) (Entered: 07/18/2025)	RECAP
62	July 18, 2025	MOTION to Strike 55 Appendix in Support filed by State of Texas (Attachments: # 1 Proposed Order) (Johnson, Wade) (Entered: 07/18/2025)	RECAP
63	July 21, 2025	REPLY filed by Austin Community College, La Union Del Pueblo Entero, Oscar Silva re: 16 Emergency MOTION to Intervene (Correa, Andres) (Entered: 07/21/2025)	RECAP
64	July 21, 2025	MOTION for Leave to File Supplemental Evidence filed by Austin Community College, La Union Del Pueblo Entero, Oscar Silva (Correa, Andres) (Entered: 07/21/2025)	RECAP
65	July 21, 2025	Supplemental Document by Austin Community College, La Union Del Pueblo Entero, Oscar Silva as to 19 Appendix in Support, . (Correa, Andres) (Entered: 07/21/2025)	RECAP
66	July 21, 2025	RESPONSE filed by Students for Affordable Tuition re: 62 MOTION to Strike 55 Appendix in Support (Lozada, Luis) (Entered: 07/21/2025)	RECAP
67	July 21, 2025	ADDITIONAL ATTACHMENTS to 64 Motion for Leave to File by Intervenor Defendants Austin Community College, La Union Del Pueblo Entero, Oscar Silva. (Correa, Andres) (Entered: 07/21/2025)	RECAP
68	July 22, 2025	ORDER: Before the Court are Austin Community College, Oscar Silva, and La Unin del Pueblo Entero's (collectively, "Proposed Intervenors") Motion for Leave to Supplement Emergency Motion to Intervene Record (ECF No. 64 ). Counsel for the Parties are hereby ORDERED to respond to the Proposed Intervenors' Motion and explain their opposition by no later than July 25, 2025. (Ordered by Judge Reed C. O'Connor on 7/22/2025) (saw) (Entered: 07/22/2025)	RECAP
69	July 24, 2025	NOTICE of Attorney Appearance by Sean Skedzielewski on behalf of United States of America. (Filer confirms contact info in ECF is current.) (Skedzielewski, Sean) (Entered: 07/24/2025)	RECAP
70	July 25, 2025	RESPONSE AND OBJECTION filed by State of Texas re: 64 MOTION for Leave to File Supplemental Evidence (Rhines, Zachary) (Entered: 07/25/2025)	RECAP
71	July 25, 2025	REPLY filed by State of Texas re: 62 MOTION to Strike 55 Appendix in Support (Johnson, Wade) (Entered: 07/25/2025)	RECAP
72	July 25, 2025	RESPONSE AND OBJECTION filed by United States of America re: 64 MOTION for Leave to File Supplemental Evidence (Perez, Elianis) (Entered: 07/25/2025)	RECAP
73	July 28, 2025	REPLY filed by Austin Community College, La Union Del Pueblo Entero, Oscar Silva re: 64 MOTION for Leave to File Supplemental Evidence (Correa, Andres) (Entered: 07/28/2025)	RECAP
74	July 30, 2025	NOTICE of Attorney Appearance by Zachary Dolling on behalf of Austin Community College, La Union Del Pueblo Entero, Oscar Silva. (Filer confirms contact info in ECF is current.) (Dolling, Zachary) (Entered: 07/30/2025)	RECAP
75	Aug. 1, 2025	NOTICE of impending deadline filed by Students for Affordable Tuition (Nunez, Fernando) (Entered: 08/01/2025)	RECAP
76	Aug. 1, 2025	ORDER: Before the Court is Proposed Intervenor Students for Affordable Tuition's Advisory to the Court Regarding Notice of Appeal Deadline. Any party or Proposed Intervenor who will be opposed to SAT's motion for extension is DIRECTED to respond by no later than 1 PM on August 4, 2025. (Ordered by Judge Reed C. O'Connor on 8/1/2025) (chmb) (Entered: 08/01/2025)	Clearinghouse
77	Aug. 4, 2025	OBJECTION filed by United States of America re: 76 Order, 75 Notice (Fascett, Lauren) Modified document linkage to 75 on 8/4/2025 (jnp). (Entered: 08/04/2025)	RECAP
78	Aug. 4, 2025	RESPONSE filed by State of Texas re: 75 Notice (Other) (Rhines, Zachary) (Entered: 08/04/2025)	RECAP
79	Aug. 4, 2025	NOTICE of Joinder of Proposed Intervenors In Support re: 75 Notice (Other) filed by Austin Community College, La Union Del Pueblo Entero, Oscar Silva (Correa, Andres) (Entered: 08/04/2025)	RECAP
80	Aug. 4, 2025	NOTICE OF APPEAL as to 8 Order on Motion for Judgment, to the Fifth Circuit by Students for Affordable Tuition. Filing fee $605, receipt number ATXNDC-15706293. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Nunez, Fernando) (Entered: 08/04/2025)	RECAP
81	Aug. 4, 2025	NOTICE OF APPEAL as to 8 Order on Motion for Judgment, to the Fifth Circuit by Austin Community College, La Union Del Pueblo Entero, Oscar Silva. Filing fee $605, receipt number ATXNDC-15706384. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Correa, Andres) (Entered: 08/04/2025)	RECAP
82	Aug. 6, 2025	NOTICE of Request for Status Conference filed by Austin Community College, La Union Del Pueblo Entero, Oscar Silva (Correa, Andres) (Entered: 08/06/2025)	RECAP
83	Aug. 7, 2025	RESPONSE filed by State of Texas re: 82 Notice (Other) (Rhines, Zachary) (Entered: 08/07/2025)	RECAP
84	Aug. 7, 2025	RESPONSE filed by State of Texas re: 82 Notice (Other) (Rhines, Zachary) (Entered: 08/07/2025)	RECAP
85	Aug. 12, 2025	USCA Case Number 25-10898 in United States Court of Appeals 5th Circuit for 80 Notice of Appeal, filed by Students for Affordable Tuition, 81 Notice of Appeal, filed by Oscar Silva, Austin Community College, La Union Del Pueblo Entero. (tle) (Entered: 08/12/2025)	RECAP
86	Aug. 14, 2025	REPLY filed by Austin Community College, La Union Del Pueblo Entero, Oscar Silva re: 84 Response/Objection, 82 Notice (Other) (Desai, Yaman) (Entered: 08/14/2025)	RECAP
87	Aug. 15, 2025	ORDER: See Order for details. (Ordered by Judge Reed C. O'Connor on 8/15/2025) (chmb) (Entered: 08/15/2025)	RECAP
88	Aug. 15, 2025	ORDER: The Court DENIES SATs Motion to Intervene (ECF No. 9 ) and the LUPE Intervenors Emergency Motion to Intervene (ECF No. 16 ). The Court DENIES as moot Texas's Motion to Strike (ECF No. 62 ) and the LUPE Intervenors Motion for Leave to Supplement Emergency Motion to Intervene Record (ECF No. 64 ). (Ordered by Judge Reed C. O'Connor on 8/15/2025) (chmb) Modified docket text on 8/18/2025 (sre). (Entered: 08/15/2025)	Clearinghouse
89	Aug. 16, 2025	NOTICE OF APPEAL as to 88 Order on Motion to Strike,, Order on Motion for Leave to File,, Order on Motion to Intervene,,, to the Fifth Circuit by Students for Affordable Tuition. Filing fee $605, receipt number ATXNDC-15746501. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Nunez, Fernando) (Entered: 08/16/2025)	RECAP
90	Aug. 18, 2025	NOTICE OF APPEAL as to 88 Order on Motion to Strike,, Order on Motion for Leave to File,, Order on Motion to Intervene,,, to the Fifth Circuit by Austin Community College, La Union Del Pueblo Entero, Oscar Silva. Filing fee $605, receipt number ATXNDC-15748964. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Desai, Yaman) (Entered: 08/18/2025)	RECAP
91	Aug. 18, 2025	ORDER: The LUPE Intervenors' Emergency Motion for Relief from Judgment (ECF No. 17 ) and Emergency Motion for Stay of Judgment (ECF No. 18 ) are DENIED as moot. (Ordered by Chief District Judge Reed C. O'Connor on 8/18/2025) (jnp) (Entered: 08/18/2025)	RECAP
92	Aug. 19, 2025	AMENDED DOCUMENT 90 NOTICE OF APPEAL, 91 ORDER by Austin Community College, La Union Del Pueblo Entero, Oscar Silva. Intervenors' Amended Notice of Appeal. (Desai, Yaman) Modified on 8/20/2025 (tle). (Entered: 08/19/2025)	RECAP

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Case Details

State / Territory:

Texas

Case Type(s):

Immigration and/or the Border

Education

Special Collection(s):

Trump Administration 2.0: Litigation and Investigations By the Government

Immigration Enforcement

Key Dates

Filing Date: June 4, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The U.S. Department of Justice (DOJ).

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

State of Texas

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

All Writs Act, 28 U.S.C. § 1651

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Federalism (including 10th Amendment)

Supremacy Clause

Other Dockets:

Northern District of Texas 7:25-cv-00055

U.S. Court of Appeals for the Fifth Circuit 25-10898

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Attorneys fees

Injunction

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

State Statute Struck Down

Issues

General/Misc.:

Education

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination Basis:

Immigration status

National origin discrimination

Recommended Citation

Case Summary of United States v. State of Texas, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/46670/ (last updated 9/24/2025).