Texas v. Travis County

The Fifth Circuit affirmed the dismissal of an action brought by the State of Texas, seeking a declaratory judgment under 28 U.S.C. 2201 that SB 4 -- which curbs sanctuary city policies by requiring law enforcement agencies to comply with, honor, and fulfill federal immigration detainer requests -- does not violate the Fourth or Fourteenth Amendments and is not preempted by federal law.Although the district court held that Texas lacked Article III standing to seek declaratory judgment, the court held that the district court lacked federal question jurisdiction under 28 U.S.C. 1331 in light of Franchise Tax Board of the State of California v. Construction Laborers Vacation Trust for Southern California, 463 U.S. 1 (1983). In Franchise Tax Board, the Supreme Court held that section 1331's grant of federal question jurisdiction does not encompass suits by the States to declare the validity of their regulation despite possibly conflicting federal law. The court explained that Franchise Tax Board reinforces comity among federal and state courts and mandates that the court dismiss Texas's declaratory relief action. View "Texas v. Travis County" on Justia Law