Case: L.M.L v. Martin

1:26-cv-01170 | U.S. District Court for the Western District of Texas

Filed Date: May 4, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

This case concerns a challenge under the U.S. Constitution’s Supremacy Clause to a portion of Texas Senate Bill 4 (S.B. 4), which purports to authorize Texas state officials to arrest, detain, and deport noncitizens in Texas.  On December 18, 2023, Texas Governor Greg Abbott signed S.B. 4, which created three state law offenses: 1) illegal entry from a foreign nation; 2) illegal reentry by certain aliens; and 3) refusal to comply with a state order to return to a foreign nation. The offenses ap…

This case concerns a challenge under the U.S. Constitution’s Supremacy Clause to a portion of Texas Senate Bill 4 (S.B. 4), which purports to authorize Texas state officials to arrest, detain, and deport noncitizens in Texas. 

On December 18, 2023, Texas Governor Greg Abbott signed S.B. 4, which created three state law offenses: 1) illegal entry from a foreign nation; 2) illegal reentry by certain aliens; and 3) refusal to comply with a state order to return to a foreign nation. The offenses applied to any non-citizen or non-national of the United States. S.B. 4 also created a state judicial power to order a defendant to return to the foreign nation from which a person entered Texas and made such an order a mandatory part of any judgment entered for the three offenses the bill created. 

On May 4, 2026, plaintiffs L.M.L, a lawful permanent resident of the United States and citizen of Honduras who entered the United States without inspection in 2006, and K.G.S, a citizen of Honduras who entered the United States without inspection in 2021 and was later approved for a U-Visa, brought this case in the U.S. District Court for the Western District of Texas against defendant Freeman F. Martin, Director of the Texas Department of Public Safety, in his official capacity. Plaintiffs alleged that federal immigration law preempted S.B. 4’s reentry and removal provisions under the U.S. Constitution’s Supremacy Clause. They sought preliminary and permanent injunctions prohibiting enforcement of those provisions, as well as a declaration that the provisions were unlawful. Plaintiffs brought the case on behalf of themselves and a putative class of all noncitizens who now or in the future enter, attempt to enter, or are found in Texas in one of two circumstances: after being denied admission to, excluded from, deported from, or removed from the United States; or after departing the United States while an order of exclusion, deportation, or removal was outstanding. They were represented by the American Civil Liberties Union (ACLU) Foundation Immigrants’ Rights Project, the ACLU Foundation of Texas, and the Texas Civil Rights Project. The case was assigned to District Judge David A. Ezra.

On the date of filing, plaintiffs also filed a motion for temporary restraining order and preliminary injunction prohibiting enforcement of S.B. 4’s reentry and removal provisions, as well as a motion to certify class. 

On May 8, 2026, Director Martin filed a motion to dismiss for lack of subject matter jurisdiction. The Court held a hearing on the motion to dismiss, the motion for temporary restraining order and the preliminary injunction on May 13, 2026.

The next day, on May 14, 2026, Judge Ezra denied Director Martin's motion to dismiss and granted plaintiffs' petition for a preliminary injunction, ordering Director Martin to stop enforcing the relevant provisions of S.B. 4. 833 F. Supp. 3d 692. To obtain a preliminary injunction, the Court emphasized that plaintiffs must show a likelihood of success on the merits, irreparable harm, a favorable balance of equities, and that the injunction is in the public interest. First, the Court determined that plaintiffs were likely to succeed on the merits of their field preemption claim because the federal interest in the unlawful entry of noncitizens is so dominant that it must be assumed to preclude state laws on the same subject, and the regulatory framework is so pervasive that Congress left no room for states to supplement it. The Court also found that plaintiffs were likely to succeed on the merits of their conflict preemption claims as S.B. 4 frustrated federal immigration law. Finally, the Court found that S.B. 4 would cause irreparable harm to plaintiffs through the possibility of their arrest and deportation, that the balance of equities tipped in plaintiffs' favor, and that an injunction was in the public interest. The Court therefore granted plaintiffs' motion for a preliminary injunction.

Judge Ezra also granted plaintiffs’ motion to certify the class in part. He provisionally certified the class for the purpose of injunctive relief, as plaintiffs adequately showed numerosity, commonality, typicality, and adequacy of representation. He suspended the broader class-certification motion pending additional discovery. 

On May 18, 2026, Director Martin appealed Judge Ezra's May 14 orders to the U.S. Court of Appeals for the Fifth Circuit.

On May 21, 2026, Director Martin filed in the appellate court a motion for a stay of Judge Ezra’s preliminary injunction order pending appeal, which the Fifth Circuit summarily granted on May 29. 2026 WL 1617149.

On May 27, 2026, Assistant U.S. Attorney Brett Shumate on behalf of the United States filed an amicus brief arguing that S.B. 4 is neither field preempted nor conflict preempted. He noted that the regulation of those unlawfully present in the U.S. is not an area in which Congress intended to occupy the field to the exclusion of state legislation that supplements and reinforces federal law and that the S.B. 4 does not stand as an obstacle to the accomplishment and execution of Congress’s objectives.

Thereafter, in the District Court, on June 11, 2026, Director Martin filed an unopposed motion to stay the District Court proceedings, given that the Court was divested of jurisdiction to proceed further with the case pending the resolution of the pending interlocutory appeal to the Fifth Circuit. 

On June 12, 2026, Judge Ezra granted Director Martin’s unopposed motion to stay the case in the District Court pending appeal. 

As of September 29, 2026, the appeal remains pending. 

Summary Authors

Noah Kaplan (10/2/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73290008/parties/lml-v-martin/


Attorney for Plaintiff

Amdur, Spencer (Texas)

Attorney for Defendant

Al-Fuhaid, Munera (Texas)

Baker, Alexia Kristin (Texas)

Bryant, Monroe David (Texas)

Counsel, Daniel Ortner, (Texas)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case
1

1:26-cv-01170

Complaint for Declaratory and Injunctive Relief

L.M.L et al. v. Martin

May 4, 2026

May 4, 2026

Complaint
55

1:26-cv-01170

Order on Motion for TRO AND Order on Motion to Certify Class AND Order on Motion to Continue AND Order on Motion to Dismiss/Lack of Jurisdiction AND Order on Motion to Strike AND Order on Motion to Strike

May 14, 2026

May 14, 2026

Order/Opinion

833 F.Supp.3d 692

32

26-50418

Brief for the United States as Amicus Curiae Supporting Appellant's Motion for Stay Pending Appeal

L.M.L et al. v. Martin

U.S. Court of Appeals for the Fifth Circuit

May 27, 2026

May 27, 2026

Pleading / Motion / Brief
50-1

26-50418

Unpublished Order

L.M.L. v. Martin

U.S. Court of Appeals for the Fifth Circuit

May 29, 2026

May 29, 2026

Order/Opinion

2026 WL 1617149

51

26-50418

Brief for the Governor of Texas as Amicus Curiae in Support of Appellant's Motion for Stay Pending Appeal

U.S. Court of Appeals for the Fifth Circuit

May 29, 2026

May 29, 2026

Pleading / Motion / Brief
60

1:26-cv-01170

Defendant Martin's Unopposed Motion to Stay Proceedings in District Court Pending Appeal

L.M.L. et al. v. Martin

June 11, 2026

June 11, 2026

Pleading / Motion / Brief
61

1:26-cv-01170

Order Granting Defendant’s Unopposed Motion To Stay Proceedings In District Court Pending Appeal

June 12, 2026

June 12, 2026

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/73290008/lml-v-martin/

Last updated Nov. 11, 2026, 3:44 a.m.

Docket for: L.M.L v. Martin
ECF Number Date Description Link
1 May 4, 2026

COMPLAINT ( Filing fee $ 405 receipt number ATXWDC-21876909). No Summons requested at this time, filed by L.M.L, K.G.S.. (Attachments: # 1 Civil Cover Sheet)(Wofsy, Cody) (Entered: 05/04/2026)

1 Civil Cover Sheet

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Clearinghouse
2 May 4, 2026

REQUEST FOR ISSUANCE OF SUMMONS by K.G.S., L.M.L. (Wofsy, Cody) (Entered: 05/04/2026)

RECAP
3 May 4, 2026

MOTION for Temporary Restraining Order and Preliminary Injunction by K.G.S., L.M.L. (Attachments: # 1 Exhibit Declaration of L.M.L., # 2 Exhibit Declaration of K.G.S., # 3 Exhibit Declaration of Talia Roma)(Wofsy, Cody) (Entered: 05/04/2026)

1 Exhibit Declaration of L.M.L.

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2 Exhibit Declaration of K.G.S.

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3 Exhibit Declaration of Talia Roma

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RECAP
4 May 4, 2026

NOTICE of Attorney Appearance by Cody Wofsy on behalf of K.G.S., L.M.L (Wofsy, Cody) (Entered: 05/04/2026)

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5 May 4, 2026

MOTION to Certify Class by K.G.S., L.M.L. (Attachments: # 1 Exhibit Declaration of Cody Wofsy, # 2 Exhibit Declaration of Dustin Rynders)(Wofsy, Cody) (Entered: 05/04/2026)

1 Exhibit Declaration of Cody Wofsy

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2 Exhibit Declaration of Dustin Rynders

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6 May 4, 2026

Summons Issued as to Freeman F. Martin. (lme) (Entered: 05/04/2026)

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7 May 4, 2026

NOTICE of Attorney Appearance by Spencer Amdur on behalf of K.G.S., L.M.L (Amdur, Spencer) (Entered: 05/04/2026)

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8 May 4, 2026

NOTICE of Attorney Appearance by Lee Gelernt on behalf of K.G.S., L.M.L (Gelernt, Lee) (Entered: 05/04/2026)

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9 May 4, 2026

MOTION FOR LEAVE TO PROCEED ANONYMOUSLY by K.G.S., L.M.L. (Wofsy, Cody) (Entered: 05/04/2026)

RECAP
May 4, 2026

To be Referred to AU Mag Judge

May 4, 2026

Case Assigned/Reassigned

May 4, 2026

Case assigned to Judge David A. Ezra. 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. (lme)

May 4, 2026

If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Hightower. (lme)

10 May 5, 2026

ORDER SETTING BRIEFING SCHEDULE re 3 MOTION for Temporary Restraining Order and Preliminary Injunction filed by K.G.S., L.M.L. Signed by Judge David A. Ezra. (pg) (Entered: 05/05/2026)

RECAP
11 May 5, 2026

Proposed Order to 9 MOTION FOR LEAVE TO PROCEED ANONYMOUSLY by K.G.S., L.M.L. (Wofsy, Cody) (Entered: 05/05/2026)

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12 May 5, 2026

CERTIFICATE OF SERVICE by K.G.S., L.M.L 10 Order Setting Briefing Schedule (Wofsy, Cody) (Entered: 05/05/2026)

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13 May 5, 2026

ORDER SETTING BRIEFING SCHEDULE AND HEARING ( Motion Hearing set for 5/13/2026 10:00 AM before Judge David A. Ezra ). Signed by Judge David A. Ezra. (pg) (Entered: 05/05/2026)

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14 May 5, 2026

CERTIFICATE OF SERVICE by K.G.S., L.M.L 13 Order Setting Briefing Schedule, Set Motion Hearings (Wofsy, Cody) (Entered: 05/05/2026)

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15 May 5, 2026

SUMMONS Returned Executed by L.M.L, K.G.S.. Freeman F. Martin served on 5/5/2026, answer due 5/26/2026. (Wofsy, Cody) (Entered: 05/05/2026)

RECAP
May 5, 2026

Deficiency Notice

May 5, 2026

DEFICIENCY NOTICE: re 9 MOTION FOR LEAVE TO PROCEED ANONYMOUSLY. A Proposed Order is required when a non-dispositive Motion is filed. DO NOT RE-FILE the entire document. Please file ONLY the Proposed Order. Use the "PROPOSED ORDER" event from the Other Documents/Other Filings menu/submenu and LINK the Proposed Order to your Motion. Thank you. (pg)

16 May 8, 2026

Opposed MOTION to Strike 3 MOTION for Temporary Restraining Order and Preliminary Injunction Declarations of L.M.L and K.G.S by Freeman F. Martin. (Attachments: # 1 Proposed Order)(Al-Fuhaid, Munera) (Entered: 05/08/2026)

1 Proposed Order

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RECAP
17 May 8, 2026

NOTICE of Attorney Appearance by Munera Al-Fuhaid on behalf of Freeman F. Martin. Attorney Munera Al-Fuhaid added to party Freeman F. Martin(pty:dft) (Al-Fuhaid, Munera) (Entered: 05/08/2026)

RECAP
18 May 8, 2026

NOTICE of Attorney Appearance by Monroe David Bryant, Jr on behalf of Freeman F. Martin. Attorney Monroe David Bryant, Jr added to party Freeman F. Martin(pty:dft) (Bryant, Monroe) (Entered: 05/08/2026)

RECAP
19 May 8, 2026

Opposed MOTION to Expedite Discovery by Freeman F. Martin. (Attachments: # 1 Proposed Order)(Bryant, Monroe) (Entered: 05/08/2026)

RECAP
20 May 8, 2026

Response in Opposition to Motion, filed by Freeman F. Martin, re 9 MOTION FOR LEAVE TO PROCEED ANONYMOUSLY filed by Plaintiff K.G.S., Plaintiff L.M.L (Bryant, Monroe) (Entered: 05/08/2026)

RECAP
21 May 8, 2026

NOTICE of Deposition of Plaintiff K.G.S. by Freeman F. Martin (Bryant, Monroe) (Entered: 05/08/2026)

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22 May 8, 2026

NOTICE of Deposition of Plaintiff L.M.L by Freeman F. Martin (Bryant, Monroe) (Entered: 05/08/2026)

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23 May 8, 2026

Amended MOTION to Expedite Discovery by Freeman F. Martin. (Attachments: # 1 Exhibit of Deposition of Plaintiff L.M.L, # 2 Exhibit of Deposition of Plaintiff KGS, # 3 Proposed Order)(Bryant, Monroe) (Entered: 05/08/2026)

RECAP
24 May 8, 2026

ORDER FOR RESPONSE. Signed by Judge David A. Ezra. (pg) (Entered: 05/08/2026)

RECAP
25 May 8, 2026

MOTION to Dismiss for Lack of Jurisdiction (Subject Matter Jurisdiction) by Freeman F. Martin. (Attachments: # 1 Proposed Order)(Bryant, Monroe) (Entered: 05/08/2026)

RECAP
26 May 8, 2026

Opposed MOTION to Continue or Deferral of Determination of Motion for Class Certification by Freeman F. Martin. (Attachments: # 1 Proposed Order)(Bryant, Monroe) (Entered: 05/08/2026)

RECAP
27 May 8, 2026

Response in Opposition to Motion, filed by Freeman F. Martin, re 3 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Plaintiff K.G.S., Plaintiff L.M.L (Bryant, Monroe) (Entered: 05/08/2026)

RECAP
28 May 8, 2026

Response in Opposition to Motion, filed by Freeman F. Martin, re 5 MOTION to Certify Class filed by Plaintiff K.G.S., Plaintiff L.M.L (Bryant, Monroe) (Entered: 05/08/2026)

RECAP
29 May 8, 2026

Response in Opposition to Motion, filed by Freeman F. Martin, re 3 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Plaintiff K.G.S., Plaintiff L.M.L Amended (Attachments: # 1 Appendix Declaration of Freeman Martin, # 2 Appendix Declaration of David Bryant)(Bryant, Monroe) (Entered: 05/08/2026)

RECAP
30 May 8, 2026

Amended MOTION to Continue or Deferral on Hearing for Class Cert by Freeman F. Martin. (Attachments: # 1 Proposed Order)(Bryant, Monroe) (Entered: 05/08/2026)

1 Proposed Order

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RECAP
May 8, 2026

Order on Motion to Expedite

May 8, 2026

Order on Motion to Continue

May 8, 2026

Text Order MOOTING 19 Motion to Expedite in light of 23 Amended Motion to Expedite. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (LDlc)

May 8, 2026

Text Order MOOTING 26 Motion to Continue in light of 30 Amended Motion to Continue. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (LDlc)

31 May 11, 2026

REPLY to Response to Motion, filed by K.G.S., L.M.L, re 5 MOTION to Certify Class filed by Plaintiff K.G.S., Plaintiff L.M.L (Wofsy, Cody) (Entered: 05/11/2026)

RECAP
32 May 11, 2026

REPLY to Response to Motion, filed by K.G.S., L.M.L, re 9 MOTION FOR LEAVE TO PROCEED ANONYMOUSLY filed by Plaintiff K.G.S., Plaintiff L.M.L (Wofsy, Cody) (Entered: 05/11/2026)

RECAP
33 May 11, 2026

Response in Opposition to Motion, filed by K.G.S., L.M.L, re 19 Opposed MOTION to Expedite Discovery filed by Defendant Freeman F. Martin (Attachments: # 1 Proposed Order)(Wofsy, Cody) (Entered: 05/11/2026)

RECAP
34 May 11, 2026

Response in Opposition to Motion, filed by K.G.S., L.M.L, re 16 Opposed MOTION to Strike 3 MOTION for Temporary Restraining Order and Preliminary Injunction Declarations of L.M.L and K.G.S filed by Defendant Freeman F. Martin (Wofsy, Cody) (Entered: 05/11/2026)

RECAP
35 May 11, 2026

Response in Opposition to Motion, filed by K.G.S., L.M.L, re 30 Amended MOTION to Continue or Deferral on Hearing for Class Cert filed by Defendant Freeman F. Martin (Attachments: # 1 Proposed Order)(Wofsy, Cody) (Entered: 05/11/2026)

1 Proposed Order

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RECAP
36 May 11, 2026

REPLY to Response to Motion, filed by K.G.S., L.M.L, re 3 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Plaintiff K.G.S., Plaintiff L.M.L (Wofsy, Cody) (Entered: 05/11/2026)

RECAP
37 May 11, 2026

ORDER GRANTING 9 Motion to Proceed Anonymously and GRANTING IN PART AND DENYING IN PART 23 Motion to Expedite Discovery. Signed by Judge David A. Ezra. (cc3) (Entered: 05/11/2026)

RECAP
38 May 11, 2026

NOTICE of Attorney Appearance by Alexia Kristin Baker on behalf of Freeman F. Martin. Attorney Alexia Kristin Baker added to party Freeman F. Martin(pty:dft) (Baker, Alexia) (Entered: 05/11/2026)

RECAP
39 May 11, 2026

STATEMENT OF ISSUES STATEMENT OF INTEREST by UNITED STATES OF AMERICA. (Lesnau, Jessica) (Entered: 05/11/2026)

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40 May 11, 2026

MOTION to Appear Pro Hac Vice by Carolina Rivera Nelson ( Filing fee $ 100 receipt number ATXWDC-21924418) by on behalf of K.G.S., L.M.L. (Rivera Nelson, Carolina) (Entered: 05/11/2026)

RECAP
41 May 11, 2026

NOTICE REGARDING PROTECTIVE ORDER by K.G.S., L.M.L (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Wofsy, Cody) (Entered: 05/11/2026)

RECAP
42 May 11, 2026

NOTICE of Corrected Exhibit C by K.G.S., L.M.L re 41 Notice (Other) (Wofsy, Cody) (Entered: 05/11/2026)

RECAP
43 May 11, 2026

ORDER GRANTING 40 Motion to Appear Pro Hac Vice as to CAROLINA RIVERA NELSON. 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. Registration is managed by the PACER Service Center Signed by Judge David A. Ezra. (cc3) (Entered: 05/12/2026)

RECAP
44 May 12, 2026

PROTECTIVE ORDER GOVERNING THE HANDLING OF CONFIDENTIAL INFORMATION. Signed by Judge David A. Ezra. (cc3) (Entered: 05/12/2026)

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45 May 12, 2026

MOTION to Appear Pro Hac Vice by Cody Wofsy for Attorney Hannah Schoen Steinberg ( Filing fee $ 100 receipt number ATXWDC-21930649) by on behalf of K.G.S., L.M.L. (Wofsy, Cody) (Entered: 05/12/2026)

RECAP
46 May 12, 2026

MOTION to Appear Pro Hac Vice by Cody Wofsy for Attorney Omar Jadwat ( Filing fee $ 100 receipt number ATXWDC-21931270) by on behalf of K.G.S., L.M.L. (Wofsy, Cody) (Entered: 05/12/2026)

RECAP
47 May 12, 2026

MOTION to Strike Declaration of Talia Romo and Exhibits Thereto by Freeman F. Martin. (Attachments: # 1 Proposed Order)(Bryant, Monroe) (Entered: 05/12/2026)

RECAP
48 May 13, 2026

SUPPLEMENT Regarding Class Certification by K.G.S., L.M.L. (Attachments: # 1 Exhibit Defendant's First Set of Interrogatories, # 2 Exhibit Plaintiff L.M.L.'s Response to Interrogatories, # 3 Exhibit Plaintiff K.G.S.'s Response to Interrogatories)(Gibson Kumar, Kate) (Entered: 05/13/2026)

1 Exhibit Defendant's First Set of Interrogatories

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2 Exhibit Plaintiff L.M.L.'s Response to Interrogatories

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3 Exhibit Plaintiff K.G.S.'s Response to Interrogatories

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RECAP
49 May 13, 2026

ORDER GRANTING 45 Motion to Appear Pro Hac Vice as to HANNAH SCHOEN STEINBERG. 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. Registration is managed by the PACER Service Center Signed by Judge David A. Ezra. (cc3) (Entered: 05/13/2026)

RECAP
50 May 13, 2026

ORDER GRANTING 46 Motion to Appear Pro Hac Vice as to OMAR JADWAT. 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. Registration is managed by the PACER Service Center Signed by Judge David A. Ezra. (cc3) (Entered: 05/13/2026)

RECAP
51 May 13, 2026

Minute Entry for proceedings held before Judge David A. Ezra: Motion Hearing held on 5/13/2026 re 3 MOTION for Temporary Restraining Order and Preliminary Injunction filed by K.G.S., L.M.L. Written order forthcoming. (Minute entry documents are not available electronically) (Court Reporter April Balcombe.)(cc3) (Entered: 05/13/2026)

RECAP
52 May 13, 2026

TRANSCRIPT REQUEST for Hearing on Motion for Preliminary Injunction by Freeman F. Martin for proceedings held on 5/13/2026. Proceedings Transcribed: Motion for Preliminary Injunction.. (Bryant, Monroe) (Entered: 05/13/2026)

RECAP
53 May 13, 2026

SUPPLEMENT Regarding Depositions by K.G.S., L.M.L. (Attachments: # 1 Exhibit Deposition of L.M.L., # 2 Exhibit Deposition of K.G.S.)(Gibson Kumar, Kate) (Entered: 05/13/2026)

1 Exhibit Deposition of L.M.L.

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2 Exhibit Deposition of K.G.S.

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RECAP
54 May 14, 2026

RESPONSE in Support, filed by Freeman F. Martin, re 16 Opposed MOTION to Strike 3 MOTION for Temporary Restraining Order and Preliminary Injunction Declarations of L.M.L and K.G.S filed by Defendant Freeman F. Martin (Bryant, Monroe) (Entered: 05/14/2026)

RECAP
55 May 14, 2026

ORDER MOOTING 30 Motion to Continue; GRANTING 3 Motion for Preliminary Injunction; DENYING 47 Motion to Strike ; GRANTING IN PART AND HELD IN ABEYANCE IN PART 5 Motion to Certify Class; DENYING 16 Motion to Strike ; DENYING 25 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge David A. Ezra. (dm) (Entered: 05/14/2026)

Clearinghouse
56 May 18, 2026

Appeal of Order entered by District Judge 55 by Freeman F. Martin. ( Filing fee $ 605 receipt number CTXWDC-21968718) (Bryant, Monroe) (Entered: 05/18/2026)

RECAP
May 18, 2026

NOTICE OF INTERLOCUTORY APPEAL as to 55 Order on Motion to Continue,, Order on Motion for TRO, Order on Motion to Strike, Order on Motion to Certify Class, Order on Motion to Dismiss/Lack of Jurisdiction by Freeman F. Martin. Filing fee $605. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out (Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (cc3)

May 20, 2026

Notice of Appeal - Interlocutory

57 May 22, 2026

Transcript filed of Proceedings held on 5/13/2026, Proceedings Transcribed: Preliminary Injunction Hearing. Court Reporter/Transcriber: April Balcombe, Telephone number: 5129256810. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 6/12/2026, Redacted Transcript Deadline set for 6/22/2026, Release of Transcript Restriction set for 8/20/2026, Appeal Record due by 6/8/2026, (Balcombe, April) (Entered: 05/22/2026)

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58 May 28, 2026

ANSWER to 1 Complaint by Freeman F. Martin.(Bryant, Monroe) (Entered: 05/28/2026)

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59 June 4, 2026

TRANSCRIPT REQUEST by Freeman F. Martin Court Reporter: April Balcombe.. (Bryant, Monroe) (Entered: 06/04/2026)

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60 June 11, 2026

Unopposed MOTION to Stay Case Pending Appeal by Freeman F. Martin. (Attachments: # 1 Proposed Order Granting Motion to Stay)(Bryant, Monroe) (Entered: 06/11/2026)

1 Proposed Order Granting Motion to Stay

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Clearinghouse
61 June 12, 2026

ORDER GRANTING 60 Motion to Stay Case Pending Appeal. Signed by Judge David A. Ezra. (cc3) (Entered: 06/12/2026)

Clearinghouse
62 June 18, 2026

Unopposed MOTION to Withdraw as Attorney Munera Al-Fuhaid by Freeman F. Martin. (Attachments: # 1 Proposed Order Granting Motion to Withdraw)(Bryant, Monroe) (Entered: 06/18/2026)

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63 June 22, 2026

Filing fee received in the amount of $605, receipt number 3567 (cc3) (Entered: 06/22/2026)

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June 22, 2026

Text Order GRANTING 62 Uonpposed Motion to Withdraw as Attorney. Munera Al-Fuhaid is hereby withdrawn as counsel of record for Defendant Martin. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (LDlc)

June 22, 2026

Order on Motion to Withdraw as Attorney

64 July 31, 2026

Unopposed MOTION to Withdraw as Attorney Alexia K. Baker by Freeman F. Martin. (Attachments: # 1 Proposed Order Granting Motion to Withdraw)(Baker, Alexia) (Entered: 07/31/2026)

RECAP
Aug. 3, 2026

Text Order GRANTING 64 Unopposed Motion to Withdraw as Attorney. IT IS ORDERED that Alexia K. Baker is hereby withdrawn as counsel of record for Defendant Martin. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (LDlc)

Aug. 3, 2026

Order on Motion to Withdraw as Attorney

Aug. 6, 2026

Certification of the Electronic Record on Appeal has been accepted by the 5th Circuit re Notice of Appeal - Interlocutory. Attorneys are advised that they may now download the EROA from the Fifth Circuit CM/ECF site by following these instructions here (cc3)

Aug. 6, 2026

Appeal Record Accepted and Available Electronically

65 Sept. 25, 2026

Withdraw As Attorney

RECAP
Sept. 28, 2026

Order on Motion to Withdraw as Attorney

Case Details

State / Territory:

Texas

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Administration 2.0: Litigation and Investigations Involving the Government

Key Dates

Filing Date: May 4, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Class of all noncitizens who now or in the future enter, attempt to enter, or are found in Texas after being denied admission to, excluded from, deported from, or removed from the United States or after departing the United States while an order of exclusion, deportation, or removal was outstanding.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU Immigrants' Rights Project

Texas Civil Rights Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Freeman F. Martin in his official capacity as Director of the State of Texas Department of Public Safety

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Constitutional Clause(s):

Supremacy Clause

Other Dockets:

Western District of Texas 1:26-cv-01170

U.S. Court of Appeals for the Fifth Circuit 26-50418

U.S. Court of Appeals for the Fifth Circuit 26-50469

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Declaratory judgment

Injunction

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

Deportation - criteria

Deportation - judicial review

Deportation - procedure

Undocumented immigrants - state and local regulation

Recommended Citation