CRUZ v. ABBOTT

No. 16-50519.

849 F.3d 594 (2017)

David CRUZ; Valentin Reyes; Jonathan Ryan; Bishop Enrique San Pedro Ozanam Center, Incorporated, Plaintiffs-Appellees, v. Greg ABBOTT, in His Official Capacity as Governor of the State of Texas; Steven C. McCraw, in His Official Capacity as Director of Public Safety; Cynthia Leon, In Her Official Capacity as Member of the Texas Public Safety Commission, Also Known as Cindy; Faith Johnson, in Her Official Capacity as Member of the Texas Public Safety Commission; Manny Flores, in His Official Capacity as Member of the Texas Public Safety Commission; Steven P. Mach, in His Official Capacity as Member of the Texas Public Safety Commission; Randy Watson, in His Official Capacity as Member of the Texas Public Safety Commission, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Filed February 23, 2017.


Attorney(s) appearing for the Case

Nina Perales, Esq. , Marisa Bono , John Paul Salmon , Mexican-American Legal Defense & Educational Fund, San Antonio, TX, for Plaintiffs-Appellees.

Matthew Hamilton Frederick , Deputy Solicitor General, Office of the Solicitor General for the State of Texas, Adam Nicholas Bitter, Esq. , Assistant Attorney General, Office of the Attorney General, General Litigation Division, Austin, TX, for Defendants-Appellants.

Before JOLLY, SMITH, and PRADO, Circuit Judges.


Defendants, who are state officials, appeal a preliminary injunction against the enforcement of a Texas statute prohibiting the harboring of illegal aliens. Because the plaintiffs lack Article III standing, we reverse and render a judgment of dismissal.

I.

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