United States of America v. State of California et al

Filing 36

MOTION for LEAVE by Phil Bryant, Paul Lepage, State Of Nevada, State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Michigan, State of Missouri, State of Nebraska, State of Ohio, State of Oklahoma, State of South Carolina, State of Texas, State of West Virginia to file Amicus Curiae in support of 2 Motion for Preliminary Injunction. (Attachments: # 1 Proposed Amicus Curiae Brief, # 2 Proposed Order)(Hacker, David) Modified on 3/26/2018 (Donati, J).

Case 2:18-cv-00490-JAM-KJN Document 36 Filed 03/26/18 Page 1 of 6

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KEN PAXTON
Attorney General of Texas
JEFFERY C. MATEER
First Assistant Attorney General
BRANTLEY D. STARR
Deputy First Assistant Attorney General
SCOTT A. KELLER
Solicitor General
JAMES E. DAVIS
Deputy Attorney General for Civil Litigation
DAVID J. HACKER (CA Bar No. 249272; TX Bar No. 24103323)*
Special Counsel for Civil Litigation
OFFICE OF THE ATTORNEY GENERAL
P.O. Box 12548 (MC 059)
Austin, Texas 78711-2548
Telephone: [phone]
Facsimile: [phone]

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Counsel for Proposed Amici Curiae
Texas, Alabama, Arkansas, Florida, Georgia, Indiana,
Kansas, Louisiana, Michigan, Missouri, Nebraska,
Nevada, Ohio, Oklahoma, South Carolina, West Virginia,
Governor Phil Bryant of the State of Mississippi, and
Paul R. LePage, Governor of Maine.
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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THE UNITED STATES OF AMERICA,
Plaintiff,

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v.
STATE OF CALIFORNIA, et al.,

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Defendants.
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Case No.: 2:18-cv-00490-JAM-KJN
UNOPPOSED MOTION FOR LEAVE
TO FILE BRIEF OF AMICI CURIAE
THE STATES OF TEXAS, ALABAMA,
ARKANSAS, FLORIDA, GEORGIA,
INDIANA, KANASAS, LOUISIANA,
MICHIGAN, MISSOURI, NEBRASKA,
NEVADA, OHIO, OKLAHOMA,
SOUTH CAROLINA, WEST
VIRGINIA, GOVERNOR PHIL
BRYANT OF THE STATE OF
MISSISSIPPI, AND PAUL R. LEPAGE,
GOVERNOR OF MAINE, IN SUPPORT
OF PLAINTIFFS’ MOTION FOR A
PRELIMINARY INJUNCTION
Date: No hearing per Min. Order,
ECF No. 17
Judge: Hon. John A. Mendez

*Designated Counsel for Service.
MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE TEXAS ET AL.

Case 2:18-cv-00490-JAM-KJN Document 36 Filed 03/26/18 Page 2 of 6

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

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PLEASE TAKE NOTICE that as soon as the matter may be heard, before the Honorable John

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A. Mendez, in Courtroom 6, 14th floor, of the U.S. District Court for the Eastern District of California,

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501 I Street, Sacramento, CA 95814, proposed amici curiae the States of Texas, Alabama, Arkansas,

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Florida, Georgia, Indiana, Kansas, Louisiana, Michigan, Missouri, Nebraska, Nevada, Ohio, Oklahoma,

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South Carolina, West Virginia, Governor Phil Bryant of the State of Mississippi, and Paul R. LePage,

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Governor of Maine (collectively, Proposed Amici), by and through undersigned counsel, will and hereby

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do respectfully move for leave to file their Amicus Brief in Support of Plaintiffs’ Motion for a

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Preliminary Injunction.

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Counsel for Proposed Amici conferred with counsel for the parties, who have consented to this

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motion, and to the motion being submitted on the papers pursuant to L.R. 230(g). This motion is timely

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pursuant to this Court’s March 12 Minute Order requiring any amicus brief in support of Plaintiff to be

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filed by March 26, 2018. See ECF No. 17. The grounds for this motion follow:

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The proposed brief of amici curiae, attached as Exhibit A to this motion, provides the perspective

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of several States on the provisions of California law at issue, to clarify for the Court the issues presented

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in this case. The proposed brief argues that AB450 is preempted, under Arizona v. United States, as an

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obstacle to the “careful balance struck by Congress with respect to the unauthorized employment of

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aliens; that AB103 is obstacle-preempted under Arizona v. United States, because it seeks to give state

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officials the “unilateral” power to second guess federal determinations about which aliens warrant

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removal; and that SB54’s judicial-warrant requirement is obstacle-preempted under Arizona because it

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undermines Congress’s criminal-alien detention scheme.

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DISCLOSURE STATEMENT

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Proposed Amici are the States of Texas, Alabama, Arkansas, Florida, Georgia, Indiana, Kansas,

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Louisiana, Michigan, Missouri, Nebraska, Nevada, Ohio, Oklahoma, South Carolina, West Virginia,

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Governor Phil Bryant of the State of Mississippi, and Paul R. LePage, Governor of Maine. No Proposed

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Amici is owned by any publicly held company.

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MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE TEXAS ET AL. - 2

Case 2:18-cv-00490-JAM-KJN Document 36 Filed 03/26/18 Page 3 of 6

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ARGUMENT

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“The district court has broad discretion regarding the appointment of amici.” Hoptowit v. Ray,

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682 F.2d 1237, 1260 (9th Cir. 1982), abrogated on other grounds by Sandin v. Conner, 515 U.S. 472

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(1995). “Federal district courts possess the inherent authority to accept amicus briefs.” Padilla v. Beard,

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No. 2:14-CV-1118 KJM CKD, 2017 WL 1364666, at *5 (E.D. Cal. Apr. 14, 2017) (citing Jamul Action

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Comm. v. Stevens, No. 13–01920, 2014 WL 3853148, at *5 (E.D. Cal. Aug. 5, 2014)). Amicus briefs

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from nonparties are regularly allowed when, as here, “the amicus has unique information or perspective

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that can help the court beyond the help that the lawyers from the parties are able to provide.” Nat’l

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Petrochemical & Refiners Ass’n v. Goldstene, No. CVF10- 163 LJO DLB, 2010 WL 2228471, at *1

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(E.D. Cal. June 3, 2010).

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Proposed Amici are the States of Texas, Alabama, Arkansas, Florida, Georgia, Indiana, Kansas,

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Louisiana, Michigan, Missouri, Nebraska, Nevada, Ohio, Oklahoma, South Carolina, West Virginia,

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Governor Phil Bryant of the State of Mississippi, and Paul R. LePage, Governor of Maine. States “bear[]

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many of the consequences of unlawful immigration,” which is why the Supreme Court recognized “the

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importance of immigration policy to the States.” Arizona v. United States, 567 U.S. 387, 397 (2012).

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And under Arizona, the States must rely on Congress and the INA to regulate which aliens may be

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present and work in their borders. See id. at 394-97.

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In direct contravention of Arizona, California has attempted to override the federal government’s

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ability to enforce federal immigration law—by prohibiting private employers from voluntarily giving

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information to federal immigration officers (AB450) and by overseeing through investigations the

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immigration enforcement activities of federal agents (AB103). California may disagree with federal

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immigration policy—just as Arizona disagreed with federal immigration policy in Arizona v. United

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States. But if various Arizona laws designed to enforce federal immigration law were preempted in

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Arizona (as the Supreme Court held), then California’s laws designed to interfere with or block federal

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immigration enforcement are preempted here.

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MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE TEXAS ET AL. - 3

Case 2:18-cv-00490-JAM-KJN Document 36 Filed 03/26/18 Page 4 of 6

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CONCLUSION
For these reasons, the States respectfully request that the Court grant this motion without oral
argument and order the Clerk to lodge the States’ proposed amici curiae brief on the docket.

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Dated: March 26, 2018.

Respectfully submitted,
/s/David J. Hacker
David J. Hacker
Special Counsel for Civil Litigation
CA Bar No. 249273
TX Bar No. 24103323
Attorney for Proposed Amici

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MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE TEXAS ET AL. - 4

Case 2:18-cv-00490-JAM-KJN Document 36 Filed 03/26/18 Page 5 of 6

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STEVEN T. MARSHALL
Attorney General of Alabama

KEN PAXTON
Attorney General of Texas

LESLIE RUTLEDGE
Attorney General of Arkansas

JEFFERY C. MATEER
First Assistant Attorney General

PAMELA JO BONDI
Attorney General of Florida

BRANTLEY D. STARR
Deputy First Assistant Attorney General

CHRISTOPHER M. CARR
Attorney General of Georgia

SCOTT A. KELLER
Solicitor General

CURTIS T. HILL, JR.
Attorney General of Indiana

JAMES E. DAVIS
Deputy Attorney General for Civil Litigation

DEREK SCHMIDT
Attorney General of Kansas

DAVID J. HACKER (CA Bar No. 249272;
TX Bar No. 24103323)
Special Counsel for Civil Litigation

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JEFF LANDRY
Attorney General of Louisiana
BILL SCHUETTE
Attorney General of Michigan

OFFICE OF THE ATTORNEY GENERAL
P.O. Box 12548 (MC 009)
Austin, Texas 78711-2548
Telephone: [phone]
Facsimile: [phone]

JOSH HAWLEY
Attorney General of Missouri
DOUG PETERSON
Attorney General of Nebraska
ADAM PAUL LAXALT
Attorney General of Nevada
MICHAEL DEWINE
Attorney General of Ohio
MIKE HUNTER
Attorney General of Oklahoma
ALAN WILSON
Attorney General of South Carolina
PATRICK MORRISEY
Attorney General of West Virginia
PAUL R. LEPAGE
Governor of Maine
PHIL BRYANT
Governor of Mississippi

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MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE TEXAS ET AL. - 5

Case 2:18-cv-00490-JAM-KJN Document 36 Filed 03/26/18 Page 6 of 6

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PROOF OF SERVICE

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I hereby certify that on March 26, 2018, I filed the foregoing document with the Clerk of the

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Court via CM/ECF, which automatically sends notice of the filing to all counsel of record. I declare

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under 28 U.S.C. § 1746 that the above is true and correct.

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Executed on March 26, 2018 at Austin, Texas.

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/s/David J. Hacker
David J. Hacker
Special Counsel for Civil Litigation
CA Bar No. 249273
TX Bar No. 24103323
Attorney for Proposed Amici

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MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE TEXAS ET AL. - 6