TEXAS v. TRAVIS COUNTY, TEXAS

No. 17-50763.

910 F.3d 809 (2018)

TEXAS; Ken Paxton, in His Official Capacity as Texas Attorney General, Plaintiffs-Appellants v. TRAVIS COUNTY, TEXAS; Sally Hernandez, in Her Official Capacity as Sheriff of Travis County, Texas; City of Austin, Texas; Ora Houston, in Her Official Capacity as City Council Member of the City of Austin, Texas; Delia Garza, in Her Official Capacity as City Council Member of the City of Austin, Texas; Sabino Renteria, in His Official Capacity as City Council Member of the City of Austin, Texas; Gregorio Casar, in His Official Capacity as City Council Member of the City of Austin, Texas; Ann Kitchen, in Her Official Capacity as City Council Member of the City of Austin, Texas; Jimmy Flannigan, in His Official Capacity as City Council Member of the City of Austin, Texas; Leslie Pool, in Her Official Capacity as City Council Member of the City of Austin, Texas; Ellen Troxclair, in Her Official Capacity as City Council Member of the City of Austin, Texas; Kathie Tovo, in Her Official Capacity as City Council Member of the City of Austin, Texas; Alison Alter, in Her Official Capacity as City Council Member of the City of Austin, Texas; Steve Adler, in His Official Capacity as Mayor of the City of Austin, Texas; Elaine Hart, in Her Official Capacity as Interim City Manager of the City of Austin, Texas; El Paso County, Texas; Richard Wiles, in His Official Capacity as Sheriff of El Paso County, Texas; City of El Cenizo, Texas; Raul L. Reyes, in His Official Capacity as Mayor of El Cenizo, Texas; Maverick County, Texas; Tom Schmerber, in His Official Capacity as Sheriff of Maverick County, Texas; Mario A. Hernandez, in His Official Capacity as Constable Precinct 3-1 of Maverick County, Texas; Texas Organizing Project Education Fund; League of United Latin American Citizens, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED December 12, 2018.


Attorney(s) appearing for the Case

John Clay Sullivan , Office of the Attorney General, Office of the Solicitor General, David J. Hacker , Office of the Attorney General of Texas, Environmental Protection Division, Austin, TX, for Plaintiffs-Appellants.

Sherine Elizabeth Thomas , Anthony J. Nelson , Assistant County Attorneys, Laurie R. Eiserloh , County Attorney's Office for the County of Travis, Michael Siegel , Christopher Coppola , Attorney, City of Austin, Law Department, Litigation Division, Renea Hicks , Law Office of Renea Hicks, Mimi Murray Digby Marziani , Texas Civil Rights Project, Austin, TX, Jose Garza , Garza Golando Moran , P.L.L.C., Luis Roberto Vera, Jr., Esq. , Law Offices of Luis Roberto Vera, Jr. & Associates, San Antonio, TX, Lee P. Gelernt, Esq. , Omar C. Jadwat , American Civil Liberties Union Foundation, Immigrants' Rights Project, New York, NY, Spencer Amdur , Cody Wofsy , American Civil Liberties Union Foundation, Immigrants' Rights Project, San Francisco, CA, Edgar Saldivar , Andre Segura , Trisha Trigilio , American Civil Liberties Union of Texas, Houston, TX, Efren Carlos Olivares , South Texas Civil Rights Project, Alamo, TX, for Defendants-Appellees.

Before REAVLEY, ELROD, and HIGGINSON, Circuit Judges.


On May 7, 2017, Texas Governor Greg Abbott signed into law Senate Bill 4 ("SB 4"). SB 4 curbs "sanctuary city" policies by requiring Texas law enforcement agencies to "comply with, honor, and fulfill" federal immigration detainer requests, Tex. Crim. Proc. Code Ann. § 2.251(a), and barring local entities...

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