Opponents of the state’s immigration enforcement legislation have asked a federal appeals court to reconsider a decision that allowed most of the controversial measure to go into effect.
Attorneys with the American Civil Liberties Union, Travis County and the city of Austin on Tuesday asked the 5th Circuit Court of Appeals to rehear the case en banc, which means the entire court would consider the lawsuit. The move comes two weeks after a three-judge panel of the same court allowed most of the law, Senate Bill 4, to go into effect after major portions were initially blocked by a federal district judge in August. The ACLU represents the small border city of El Cenizo, which was the first to file suit last year to stop SB 4’s implementation days after Gov. Greg Abbott signed it into law.
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The list of local entities that have previously filed suit against SB 4 also includes El Paso, Maverick and Bexar counties, the cities of El Paso, San Antonio and Houston, among others. Nina Perales, the vice president of litigation for the Mexican American Legal Defense and Educational Fund, or MALDEF, said if the 5th Circuit agrees to hear the case, all parties to the suit will become involved. MALDEF represents the cities of San Antonio and El Paso, as well as Bexar County, in the litigation.
“We are all supporting each other’s efforts and working together in close collaboration and putting our resources in a two-pronged strategy,” she said.
The other angle is preparing for the trial at the district level, where Garcia will hear arguments over the bill’s constitutionality. Perales said it’s unclear when — or if — the 5th Circuit will come down with a decision on Tuesday’s petition. Another option is to ask the U.S. Supreme Court to consider the injunction, but Perales said plaintiffs have to wait on the appellate court to act before considering that move.
“It’s like a decision tree, and we won’t know what options are available to us until the 5th Circuit responds,” she said.
See here and here for the background. On the one hand, the Fifth Circuit is where dreams go to die, but on the other hand that three-judge panel was about as right-wing as it gets. It’s at least possible they don’t represent the majority opinion on the full court. May as well take a shot at a better result.