Supreme Court of Texas ══════════ No. 19-0092 ══════════ Grassroots Leadership, Inc., et al., Petitioners, v. Texas Department of Family and Protective Services, et al., Respondents ═══════════════════════════════════════ On Petition for Review from the Court of Appeals for the Third District of Texas ═══════════════════════════════════════ PER CURIAM Justice Blacklock did not participate in the decision. In this suit, we determine whether the plaintiffs have standing to challenge a Department of Family and Protective Services licensing rule governing immigration detention centers. The court of appeals concluded that the plaintiffs—detained mothers, their children, a day-care operator, and an organization representing their interests— lacked standing to sue. Because the detained mothers and their children allege concrete personal injuries traceable to the adoption of the rule, we hold that they have standing. Accordingly, without hearing oral argument, we grant the petition for review and reverse the court of appeals’ judgment. We remand to the court of appeals for consideration of the parties’ remaining jurisdictional issues and the merits, as appropriate. I In 2014, U.S. Immigration and Customs Enforcement began to detain undocumented families with children at two residential detention centers, known as the Dilley and Karnes centers. Respondents CoreCivic and GEO Group are private prison companies that operate these facilities. In 2015, a federal court ruled that the Dilley and Karnes centers lacked an appropriate childcare license and thus the operators had violated a federal consent decree requiring that such facilities be state-licensed when housing detained minors. Flores v. Johnson, 212 F. Supp. 3d 864, 877-80 (C.D. Cal. 2015). The federal court enjoined family detention at the two facilities. Id. at 887. The Department, also a respondent, then promulgated a rule, first on an emergency basis and then formally, establishing licensing requirements for family residential centers like the Dilley and Karnes centers.1 26 TEX. ADMIN. CODE § 748.7. Before the Rule’s adoption, state regulations prohibited licensed facilities from housing adults and children in the same bedroom except in narrow circumstances. 31 Tex. 1 At the time of trial, Chapter 42 of the Texas Human Resources Code gave the Department of Family and Protective Services childcare licensing authority. Since then, statutory restructuring has given that oversight to the Health and Human Services Commission. Both state agencies are parties to this lawsuit. 2 Reg. 1995, 1996 (2006), adopted by 31 Tex. Reg. 7455, 7456 (2006), amended by 47 Tex. Reg. 2248, 2248 (2022) (former 26 TEX. ADMIN. CODE § 748.3361) (Tex. Health & Hum. Servs. Comm’n); 31 Tex. Reg. 1972, 1973 (2006), adopted by 31 Tex. Reg. 7440, 7440 (2006), amended by 47 Tex. Reg. 2248, 2248 (2022) (former 26 TEX. ADMIN. CODE § 748.1937) (Tex. Health & Hum. Servs. Comm’n).2 To permit the Dilley and Karnes facilities to house families together, the amended Rule eliminates that limitation: A family residential center is not required to comply with . . . (2) the limitation on a child sharing a bedroom with an adult . . . if the bedroom is being shared in order to allow a child to …
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