Date Filed: October 24, 2023
Original Court: U.S. District Court for the Western District of Texas
Appeals: U.S. Court of Appeals for the Fifth Circuit
Case Status: Victory
In 2023, the State of Texas installed razor wire fencing along the border with Mexico. The federal government cut this wire fencing, and by doing so facilitated illegal entries by immigrants. Texas sought an injunction prohibiting the federal government from removing this fencing unless it was necessary to enforce federal immigration laws or to respond to a medical emergency. The federal government claimed it was immune from suit based on sovereign immunity. The district court agreed with the sovereign immunity defense, but the Fifth Circuit reversed.
The Fifth Circuit held that the Administrative Procedure Act waived sovereign immunity for injunctive relief, even when the injunction enforces state common law (such as trespass). Because the injunction included exceptions for enforcing federal immigration law, the injunction did not regulate the federal government’s operations. Thus the intergovernmental immunity doctrine did not apply. Finally, the Federal Tort Claims Act did not preempt a state tort action that seeks non-monetary relief.
This case confirmed that the federal government cannot violate state common law unless acting pursuant to a specific Constitutional power or federal law. CAF served as co-counsel with the Texas Attorney General in advancing this cutting edge interpretation of sovereign immunity and the Administrative Procedure Act.
Case Documents:
Plaintiffs Motion for Preliminary Relief
Defendants Opposition to Motion for Preliminary Report
Plaintiffs Reply In-Support of Motion for Preliminary Report
Opinion and Order Denying Preliminary Relief
Fifth Circuit Order Granting Motion for Injunction Pending Appeal