STATE OF TEXAS, on its own behalf and on behalf of all Texans as parens patriae; George W. Bush, Governor of the State of Texas; La Joya Independent School District, on their own behalf and as class representatives of all independent school districts of Texas; Harris County Hospital District; Dallas County Hospital District; Bexar County Hospital District, on their own behalf and as class representatives of all Hospital Districts in Texas; Harris County; Dallas County; Hidalgo County, on their own behalf and as class representative of all counties in Texas; The City of Odessa, on its own behalf and as class representative of all municipalities in Texas, Plaintiffs-Appellants,
v.
UNITED STATES of America; Janet Reno, U.S. Attorney General; Doris Meissner, Commissioner of the Immigration and Naturalization Service; Michael S. Williams, Director of Immigration and Naturalization Service's Texas Regional Office; Ronald C. Chandler, Immigration and Naturalization Service's District Director of the Houston District; Robert A. Wallis, Immigration and Naturalization Service's District Director of the Houston District; Richard M. Casillas, Immigration and Naturalization Service's District Director of the San Antonio District; Alice Rivlin, Director, Office of Management and Budget; Margaret M. Richardson, Commissioner of the Internal Revenue Service, Defendants-Appellees.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
February 28, 1997.
February 28, 1997.
Attorney(s) appearing for the Case
Javier J. Aguilar, Samuel Wilhelm Goodhope, Office of the Attorney General of Texas, Austin, TX, for plaintiffs-appellants.
Lydia Wright Johnsen, Austin, TX, for State of Texas, on its own behalf and on the behalf of all Texans as parens patriae, plaintiff-appellant.
Mark Bernard Stern, U.S. Department of Justice, Civil Division, Washington, D.C., Ellen Debra Katz, United States Department of Justice, Civil Division, Appellate Staff, Washington, D.C., for defendants-appellees.
Thomas William Millet, Washington, D.C., for Alice Rivlin, Director, Office of Management and Budget, defendant-appellee.
David Andrew Price, Daniel J. Popeo, Washington Legal Foundation, Washington, D.C., for Washington Legal Foundation, Kay Bailey Hutchison, United States Senator, and Jack Fields, United States Representative, amicus curiae.
Myra A. McDaniel, John Knox, Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, Austin, TX, for Texas Ass'n of Sch. Boards, Texas Association of School Administrators, and Texas Council of School Attorneys, amicus curiae.
Before POLITZ, Chief Judge, and JOLLY and BARKSDALE, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
POLITZ, Chief Judge:
The State of Texas and its political subdivisions (collectively, "the State")1 appeal a Fed.R.Civ.P. 12(b)(6) dismissal of their complaint seeking declaratory and injunctive relief which would require that the United States pay the educational, medical, and criminal justice expenses allegedly incurred as a result of the presence of undocumented or illegal aliens in Texas....
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