Case: 17-50762 Document: 00514384919 Page: 1 Date Filed: 03/13/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED March 13, 2018 No. 17-50762 Lyle W. Cayce Clerk CITY OF EL CENIZO, TEXAS; RAUL L. REYES, Mayor, City of El Cenizo; TOM SCHMERBER, County Sheriff; MARIO A. HERNANDEZ, Maverick County Constable Pct. 3-1; LEAGUE OF UNITED LATIN AMERICAN CITIZENS; MAVERICK COUNTY, Plaintiffs - Appellees Cross-Appellants CITY OF AUSTIN, JUDGE SARAH ECKHARDT, in her Official Capacity as Travis County Judge; SHERIFF SALLY HERNANDEZ, in her Official Capacity as Travis County Sheriff; TRAVIS COUNTY; CITY OF DALLAS, TEXAS; THE CITY OF HOUSTON, Intervenors - Plaintiffs - Appellees Cross-Appellants v. STATE OF TEXAS; GREG ABBOTT, Governor of the State of Texas, in his Official Capacity, KEN PAXTON, Texas Attorney General, Defendants - Appellants Cross-Appellees ------------------------------------------------------------------------------------------------------------ EL PASO COUNTY; RICHARD WILES, Sheriff of El Paso County, in his Official Capacity; TEXAS ORGANIZING PROJECT EDUCATION FUND; JO ANNE BERNAL, El Paso County Attorney in her Official Capacity; MOVE San Antonio, Plaintiffs - Appellees Cross-Appellants TEXAS ASSOCIATION OF HISPANIC COUNTY JUDGES AND COUNTY COMMISSIONERS, Intervenor - Plaintiff - Appellee Cross-Appellant Case: 17-50762 Document: 00514384919 Page: 2 Date Filed: 03/13/2018 No. 17-50762 v. STATE OF TEXAS; GREG ABBOTT, Governor; KEN PAXTON, Attorney General; STEVE MCCRAW, Director of the Texas Department of Public Safety, Defendants - Appellants Cross-Appellees ------------------------------------------------------------------------------------------------------------ CITY OF SAN ANTONIO; BEXAR COUNTY, TEXAS; REY A. SALDANA, in his Official Capacity as San Antonio City Councilmember; TEXAS ASSOCIATION OF CHICANOS IN HIGHER EDUCATION; LA UNION DEL PUEBLO ENTERO, INCORPORATED; WORKERS DEFENSE PROJECT; CITY OF EL PASO, Plaintiffs - Appellees Cross-Appellants CITY OF AUSTIN, Intervenor Plaintiff - Appellees Cross-Appellants v. STATE OF TEXAS; KEN PAXTON, sued in his Official Capacity as Attorney General of Texas; GREG ABBOTT, sued in his Official Capacity as Governor of the State of Texas, Defendants - Appellants Cross-Appellees Appeals from the United States District Court for the Western District of Texas Before JONES, SMITH, and PRADO, Circuit Judges. EDITH H. JONES, Circuit Judge: 2 Case: 17-50762 Document: 00514384919 Page: 3 Date Filed: 03/13/2018 No. 17-50762 Texas cities, counties, and local officials challenge Senate Bill 4 (“SB4”), a Texas law that forbids “sanctuary city” policies throughout the state. SB4 prohibits local authorities from limiting their cooperation with federal immigration enforcement, and it requires local officers to comply with Immigration and Customs Enforcement (“ICE”) detainer requests. In their pre-enforcement lawsuit, the plaintiffs alleged a battery of constitutional violations: (I) SB4 is preempted by federal immigration law, (II) SB4’s “endorse” prohibition violates the First and Fourteenth Amendments, (III) SB4’s ICE-detainer mandate violates the Fourth Amendment, and (IV) SB4’s phrase “materially limits” is unconstitutionally vague under the Fourteenth Amendment. The district court issued a preliminary injunction, enjoining several of the law’s provisions. Texas appeals the injunction, and the plaintiffs cross-appeal the district court’s refusal to issue a broader injunction. With one exception, SB4’s provisions do not, on their face, violate the Constitution. For the following reasons, we ...
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