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Case Name El Paso County v. State of Texas IM-TX-0046
Docket / Court 5:17-cv-00459 ( W.D. Tex. )
State/Territory Texas
Case Type(s) Immigration and/or the Border
Special Collection Civil Rights Challenges to Trump Immigration Enforcement Orders
Case Summary
This suit challenges Texas's "Sanctuary City" legislation, Senate Bill 4 (SB4), which requires local Texas law enforcement to cooperate with federal immigration officials and punishes them if they do not. Unlike the ... read more >
This suit challenges Texas's "Sanctuary City" legislation, Senate Bill 4 (SB4), which requires local Texas law enforcement to cooperate with federal immigration officials and punishes them if they do not. Unlike the other suits in this special collection, this suit does not challenge President Trump's "Sanctuary City" Executive Order.

To start with an overview, there are, so far, four cases addressing SB4. The four cases are: Texas v. Travis County, No. 1:17-cv-00425 (W.D. Tex.), IM-TX-0044, before Judge Sparks, and three matters before Judge Orlando L. Garcia:
This one.
City of El Cenizo v. State of Texas, No. 5:17-cv-00404 (W.D. Tex.), IM-TX-0045
City of San Antonio, Texas v. State of Texas, No. 5:17-cv-00489 (W.D. Tex.), IM-TX-0047

The three cases pending before Judge Garcia were brought by pro-immigration cities and counties seeking an injunction barring implementation of SB4. The other case was brought by brought by Texas seeking a declaratory judgment upholding SB4, against pro-immigration cities and counties. On June 6, Judge Garcia ordered a consolidation of this case with the San Antonio and El Cenzino cases, with El Cenzino becoming the lead case in the consolidation. Travis County, however, remains separate.

This case was quickly consolidated with the two other before Judge Garcia; please refer to El Cenizo v. Texas for further information and updates.

This case was administratively closed on Oct. 24, 2017 in light of the consolidation.

Virginia Weeks - 06/17/2017
Jamie Kessler - 07/31/2017
Virginia Weeks - 10/25/2017


compress summary

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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Federalism
Freedom of speech/association
Supremacy Clause
Unreasonable search and seizure
Discrimination-basis
Immigration status
General
Funding
Immigration/Border
Admission - criteria
Admission - procedure
Border police
Sanctuary city/state
Status/Classification
Undocumented immigrants - rights and duties
Undocumented immigrants - state and local regulation
Plaintiff Type
City/County Plaintiff
Causes of Action Declaratory Judgment Act, 28 U.S.C. § 2201
Defendant(s) State of Texas
Plaintiff Description El Paso County, TX
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Case Closing Year 2017
Case Ongoing No
Case Listing IM-TX-0044 : Texas v. Travis County (W.D. Tex.)
IM-TX-0045 : City of El Cenizo v. State of Texas (W.D. Tex.)
IM-TX-0047 : City of San Antonio v. Texas (W.D. Tex.)
Additional Resources
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  Memorandum on Rescission Of Deferred Action For Childhood Arrivals (DACA)
www.dhs.gov
Date: Sep. 5, 2017
By: Department of Homeland Security (Department of Homeland Security)
[ Detail ] [ External Link ]

  #StopSB4
Texas Civil Rights Project
Date: Jun. 27, 2017
By: Texas Civil Rights Project
[ Detail ] [ External Link ]

  Implementation of Executive Order 13768, "Enhancing Public Safety in the Interior of the United States
The Washington Post
Date: May 22, 2017
By: Jefferson Sessions (U.S. Department of Justice)
[ Detail ] [ External Link ]

  Re: Implementing the President's Border Security and Immigration Enforcement Improvements Policies (Final, 2/20/2017)
dhs.gov
Date: Feb. 20, 2017
By: DHS Secretary John Kelly (United States Department of Homeland Security)
[ Detail ] [ PDF ] [ External Link ]

  Re: Enforcement of the Immigration Laws to Serve the National Interest (Final, 2/20/2017)
dhs.gov
Date: Feb. 20, 2017
By: DHS Secretary John Kelly (United States Department of Homeland Security)
[ Detail ] [ PDF ] [ External Link ]

  Executive Order 13767: Border Security and Immigration Enforcement Improvements
Federal Register
Date: Jan. 27, 2017
By: President Donald Trump (Office of the President)
Citation: 82 Fed. Reg. Presidential Documents 8793 (Jan. 27, 2017)
[ Detail ] [ PDF ]

  Executive Order 13768: Enhancing Public Safety in the Interior of the United States
Federal Register
Date: Jan. 25, 2017
By: President Donald Trump (Office of the President)
[ Detail ] [ PDF ] [ External Link ]

Docket(s)
5:17-cv-00459 (W.D. Tex.)
IM-TX-0046-9000.pdf | Detail
Date: 06/06/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Plaintiffs' Complaint for Declaratory Judgment and Injunctive Relief [ECF# 1]
IM-TX-0046-0001.pdf | Detail
Date: 05/22/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Garcia, Orlando Luis (W.D. Tex.)
IM-TX-0046-9000
Plaintiff's Lawyers Bernal, Jo Anne (Texas)
IM-TX-0046-0001 | IM-TX-0046-9000
Garza, Jose (Texas)
IM-TX-0046-0001 | IM-TX-0046-9000
Golando, Martin (Texas)
IM-TX-0046-0001
Marziani, Mimi Murray Digby (Texas)
IM-TX-0046-0001 | IM-TX-0046-9000
Moran, Michael Patrick (Texas)
IM-TX-0046-0001 | IM-TX-0046-9000
Olivares, Efren Carlos (Texas)
IM-TX-0046-0001 | IM-TX-0046-9000
Defendant's Lawyers Hacker, David J. (Texas)
IM-TX-0046-9000
McCarty, Darren L. (Texas)
IM-TX-0046-9000
Nimocks, David A. (Texas)
IM-TX-0046-9000
Stonedale, Joel (Texas)
IM-TX-0046-9000

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