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CHILES v. U.S.

No. 95-4061.

69 F.3d 1094 (1995)

Lawton M. CHILES, Jr., Governor of the State of Florida; State of Florida; Dade County Public Health Trust, an agency and instrumentality of Dade County, a political subdivision of the State of Florida, the School Board of Dade County, Florida, Plaintiffs-Appellants, v. UNITED STATES of America; Doris Meissner, Commissioner of the Immigration and Naturalization Service of the Department of Justice; Janet Reno, Attorney General of the United States; Jennifer Nelson, Acting Regional Administrator of the Southern Regional Office of the INS of the Department of Justice; Walter D. Cadman, District Director of the Miami District Office of the INS of the Department of Justice; Donna E. Shalala, Secretary of the United States Department of Health & Human Services, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

November 8, 1995.

Attorney(s) appearing for the Case

Louis F. Hubener, Asst. Atty. Gen., Office of the Attorney General, Tallahassee, FL, Parker D. Thomson, Miami, FL, Sara Price, Asst. County Attorney, Miami, FL, for Chiles & State of Florida.

Michael Jay Singer, U.S. Dept. of Justice, Civil Appellate Division, Washington, DC, for appellees.

David A. Price, Washington Legal Foundation, Washington, DC, amicus curiae on behalf of appellants.

Before EDMONDSON and DUBINA, Circuit Judges, and CUDAHY, Senior Circuit Judge.

EDMONDSON, Circuit Judge:

In this expedited appeal, Florida alleges it is injured by the United States' failure to enforce the immigration laws. The State asserts claims under both the Administrative Procedure Act and the United States Constitution. Florida asks for equitable restitution of its unreimbursed expenses or for declaratory relief and an injunction requiring the United States to fulfill its statutory and constitutional duties. The district court dismissed...

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