Cruz v. Abbott

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House Bill 11 added a new basis of liability while limiting a Texas statute's, Tex. Penal Code 20.05, reach to those who smuggle persons with "the intent to obtain a pecuniary benefit." Two of the plaintiffs in this case rent residential property to persons regardless of immigration status. Two other plaintiffs provide social services to low-income individuals. Plaintiffs filed suit claiming that provisions of House Bill 11 are preempted by federal immigration law and violate the Fourteenth Amendment's Due Process and Equal Protection Clauses. The district court dismissed the Fourteenth Amendment claims but granted a preliminary injunction on the ground that plaintiffs' preemption arguments were likely to succeed on the merits. The court concluded that plaintiffs lack Article III standing because they cannot demonstrate a credible threat of prosecution where they have not hampered authorities from finding any of the illegal aliens they rent to or serve, nor have they taken steps to help the aliens evade "detection" by the authorities. Therefore, the court reversed the injunction and rendered a judgment of dismissal for want of jurisdiction, because there was no reasonable interpretation by which merely renting housing or providing social services to an illegal alien constitutes harboring that person from detection. View "Cruz v. Abbott" on Justia Law