# Amicus Curiae Brief — United States v. Texas, 136 S. Ct. 2271 (2016) (No. 15-674)

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URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385016_0635%3A50

## Record

- **Collection:** Supreme Court brief
- **Document type:** Amicus Curiae Brief
- **Published:** January 1, 2016

## Text

No. 15-674

IN THE

Supreme Court of the Anited States

UNITED STATES OF AMERICA, et al.,

Petitioners,

STATE OF TEXAS, et al.,

Respondents.

ON WRIT OF CERTIORARI TO THE UNITED STATES
COURT OF APPEALS FOR THE FIFTH CIRCUIT

BRIEF FOR AMICI CURIAE THE MAYORS OF
NEW YORK, LOS ANGELES, ATLANTA, AUSTIN,
BIRMINGHAM, 113 ADDITIONAL MAYORS,
COUNTY EXECUTIVES, AND LOCALITIES, THE
UNITED STATES CONFERENCE OF MAYORS,
AND THE NATIONAL LEAGUE OF CITIES. IN
SUPPORT OF PETITIONERS

ZACHARY W. CARTER
Corporation Counsel of the
City of New York
RICHARD DEARING*
CECELIA CHANG
JEREMY W. SHWEDER
EMMA GRUNBERG

New York City Law
Department

100 Church Street

New -York, NY 10007
(212) 356-2500
rdearing@law.nyc.gov
Attorneys for the City of
New York and Mayor
Bill de Blasio

Counsel for Amici Curiae

MICHAEL N. FEUER

City Attorney

JAMES P. CLARK

Chief Deputy City Attorney
WENDY SHAPERO

Deputy City Attorney

Attorneys for the City of Los

Angeles and Mayor Eric
Garcetti

CATHY HAMPTON

City Attorney

Attorney for Kasim Reed,
Mayor of Atlanta

* Counsel of Record

TABLE OF CONTENTS

Page
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INTEREST OF AMICI CURIAE........................008 1
SUMMARY OF THE ARGUMENT .......................4. 4
TEE iscsin nisecsiplewnciiinninnsbinchuapapeiecbimdinuénciasdiabsianhe 6

I. The Guidance Protects Longstanding Local
Interests, and Enjoining the Guidance
Imposes Immediate Harms on Localities. .......... 6

Il. A Single Plaintiffs Claim of Future
Administrative Costs Does Not Support
Standing for a Nationwide Injunction that
Inflicts Widespread Local Harms. ..................... 18

a iceseirinl cecitciariosesdinnalutuchitchee Gcainiiin vena Stedies 31

TABLE OF AUTHORITIES

Cases

Clapper v. Amnesty Intl USA,

I ee i CN crc csiticcistvnrecssenesecs

DaimlerChrysler Corp. v. Cuno,

a, A I iceriedensirinsisnsvevencecesesn

Davis v. FEC,

ls WEe SD iicksiisasnsnssovewssovessensnns

Friends of the Earth, Inc. v. Laidlaw
Envtl. Servs. (TOC), Inc.,

Ns SN I ciiicccacasorsecscucsesnsuesents

Massachusetts v. EPA,

EP MEE Ce Pi ccseccseccsccvsesecsceseoneecs

Monsanto Co. v. Geertson Seed Farms,

Ne Ps I cteinecicsnecivnnseaniesesteces

Salazar v. Buono,

ee FO Oc ecceccceicsvnenesesusnerevisens

United States v. Mendoza,

CE Sie CE vccrscnccesviceserscscsveeseets

Weinberger v. Romero-Barcelo,

Een

Page(s)

Winter v. NRDC, Inc.,

J UU Bg eee 5, 20

Statutes

USA PATRIOT Act of 2001, Pub. L. No.

107-66, 115 Stat. BIZ.........ccccccrscccccrrccscevecseees

Other Authorities

Amendments to the Immigration Reform
and Control Act of 1986: Hearing
Before the Subcomm. on Immigration,
Refugees, and Int'l Law of the H.
Comm. on the Judiciary, 101st Cong.

(een

Audrey Singer et al., Metropolitan Policy
Program at Brookings, Local Insights
From DACA for Implementing Future
Programs for Unauthorized

Immigrants (June 2015).............:c:ceeceeeeeeeees

Austin Police Department, Robbery
Prevention & Immigrant Outreach
(Hispanic), http://bit.ly/1RMG1za (last

SS eee

Bernard Weinraub, State Dept. Reverses

Policy on Ethiopian Exiles in U.S., N.Y.
Times, July 7, 1OGB.......0......cccrcsessssesessveeeeeee

Cities for Action, http://bit.ly/1QyRqzY

(last visited Mar. 4, 2016). .............ceeseeeeeeeees

mare 15

City of Albuquerque Resolution No. 2004-
a cpdununaces 13

City of Austin Resolution (Jan. 30, 1997) ............. 13

City of Boston, Mayor's Office of New
Bostonians, http://bit.ly/1Gfh22A (last

SEE 15
City of Chicago, Office of New Americans,

Chicago New Americans Plan:

Building a Thriving and Welcoming

EET 12

Continuing Oversight of the Immigration
Reform and Control Act of 1986:
Hearing Before the Subcomm. on
Immigration, Refugees, and Intl Law,
H. Comm. on the Judiciary, 100th
ESSE SE ea 8

Department of Homeland Security, U and
T Visa Law Enforcement Resource
Guide for Federal, State, Local, Tribal
and Territorial Law Enforcement,
Prosecutors, Judges, and Other
Government Agencies (Jan. 4, 2016)........... 10, 11

Eric Schmitt, Clinton Expected to Spare

Haitians from Deportation, N.Y. Times,
eee ensuveeocnatonne rs)

iv

Haitian Detention and Interdiction:
Hearing Before the Subcomm. on
Immigration, Refugees, and Intl Law
of the H. Comm. on the Judiciary,

I nd )
Houston Immigrant Legal Services

Collaborative,

http://www.citizenshipcorner.org (last

ig REE SS eT Se 15

Immigration Reform and Control Act of
1982: Joint Hearings Before the
Subcomm. on Immigration, Refugees,
and International Law of the S. Comm.
on the Judiciary, 97th Cong. (1982).................... 7

Implementation of Immigration Reform:
Hearing Before the Subcomm. on
Immigration and Refugee 4 airs of the
S. Comm. on the Judiciary, 100th
Bs TI icecccuiseecaidaslenermcnandaisitiiintmacidacubilasenadsanmaan’

Joanna Dreby, How Today’s Immigration
Enforcement Policies Impact Children,
Families, and Communities, Center for
American Progress (Aug. 2012) ........................

Jorge L. Carro, Municipal and State
Sanctuary Declarations: Innocuous
Symbolism or Improper Dictates?, 16
. 8S EE eS )

Lisa Christensen Gee et al.,
Undocumented Immigrants’ State &
Local Tax Contributions, The Inst. of
Taxation & Economic Policy (Feb. 24,
Eb RAIS RES SARS AE Be Ea ae 6, 16, 22, 23

Liz Robbins, New York to Aid Immigrants
Amid Stalled National Reforms, N.Y.
A (a ceuiisatninineninl 15

Los Angeles City Attorney, Fighting Wage
Theft, http://bit.ly/21bTAe0 (last visited
I ls ean inmiaimasnibpedie 14

Marie Price, Cities Welcoming
Immigrants: Local Strategies to Attract
and Retain Immigrants in U.S.
Metropolitan Areas, International

Organization for Migration (Dec. 2014)........... 13
Marvine Howe, I.N.S. Ruling Benefits

Illegal Immigrant Children, N.Y.

I I ia eeeneicoasinaeiiiinenin 8

Marvine Howe, The Region: Under the
New Law, Illegal Aliens Suffer Much in

Silence, N.Y. Times, Nov. 27, 1988 .................. 18
Max Ehrenfruend, How having an

undocumented parent hurts American

children, Wash. Post, Mar. 4, 2015.................. 17

Nat'l Immigration Law Center,
Immigration-inclusive State and Local
Policies Move Ahead in 2014-15, Nat’

Immigration Law Center (Dec. 2015)......

New Orleans Police Department,
Operations Manual, Chapter 41.6.1,
Immigration Status (effective Feb. 28,

New York City Exec. Order No. 34 (May

i ee ienscnatanassnsennniiintaseaiekapnnnshennsatinicete

New York City Exec. Order No. 124 (Aug.

ip i cacelaiccininasinsndiahinidpineicnisestaniieidiibetiie

Opening Minds, Opening Doors, Opening
Communities: Cities Leading for
Immigrant Integration, USC Dornsife
Center for the Study of Immigrant

Integration (Dec. 15, 2015).................00....

Oversight of the Administration's
Misdirected Immigration Enforcement
Policies: Examining the Impact on
Public Safety and Honoring the
Victims, Hearing Before the S. Comm.
on the Judiciary, 114th Cong. (July 21,

Pew Charitable Trusts, Immigration and
Legalization: Roles and

Responsibilities of States and Localities
RAEN a NE eee

Press Release, The Council of the City of
New York, Speaker Quinn, New York
City Council Members, Bloomberg
Administration and Advocates
Announce Funding to Provide New
Yorkers Immigration Relief (July 17,

Press Release, Mayor of Los Angeles,
Mayor Garcetti Announces Nationwide
Actions as Court Hearings Proceed on
Obama’s Immigration Reforms (Apr.

SERENE eer re eee EN

Press Release, New York City Office of the
Mayor, Mayor de Blasio Announces
NYC Commission of Human Rights
First Such Agency in Major U.S. City
to Issue U and T Visa Certifications

I it itteinniiniduineincivenenimeminanniommenen

Randy Capps et al., Deferred Action for
Unauthorized Immigrant Parents:
Analysis of DAPA’s Potential Effects on
Families and Children, Migration

Policy Institute (Feb. 2016) ......................

Raul Hinojosa-Ojeda, The Economic
Benefits of Expanding the Dream:
DAPA and DACA Impacts on Los
Angeles and California, UCLA North
American Integration & Development

I I I ee clatrsetinn

vill

Rebecca S. Carson, Ready or Not? Gauging
Midwest Preparations for Executive
Action on Immigration, The Chicago
Council on Global Affairs (Mar. 2015)........ 12,15

Ruth Milkman et al., Wage Theft and
Workplace Violations in Los Angeles,
UCLA Institute for Research on Labor
and Banploymoent (B04) ........ssvcccsseccscesscsseveseeees 14

USCIS, Interim Relief for Certain Foreign
Academic Students Adversely Affected
by Hurricane Katrina: Frequently
Asked Questions (FAQ) (Nov. 25, 2005)............ 10

INTEREST OF AMICI CURIAE!

Amici represent a broad coalition of local
governments. One hundred and eighteen cities,
counties, and local government officials have joined
this brief as well as The U.S. Conference of Mayors,
a nonpartisan group representing mayors of over
1,400 cities, and the National League of Cities,
which represents more than 19,000 municipal
governments natiouwide.

Amici are home to some of the largest
immigrant communities in the United States. More
than 1.5 million children and parents potentially
eligible for relief under the enjoined executive
guidance live in our cities and towns. Amici submit
this brief to explain why the nationwide injunction
in this case—and the novel theory of standing
asserted to support it—improperly ignores the
irreparable harm to our residents from denying
humanitarian deferred action relief.

' No counsel for a party authored this brief in whole or in
part, and no party or counsel for a party made a monetary
contribution intended to fund the preparation or submission
of this brief. No person other than amici or their counse] made
a monetary contribution to this briefs preparation or
submission. All counsel of record provided blanket consent for
the filing of amicus briefs or received timely notice and
consented to the filing of this brief.

As amici have explained at every stage of this
litigation: because undocumented immigrants are
integral members of our communities, the enjoined
deferred action programs protect vital local
interests. Without the guidance, millions of families
in our cities and counties face the threat of
deportation, destabilizing our communities and
jeopardizing the welfare of families and children.
The nationwide injunction also undermines the
ability of amici’s police departments to protect and
serve all of our :esidents. Finally, the injunction
imposes extensive economic harm on amici.
Undocumented immigrants currently contribute
hundreds of millions of dollars in tax revenues and
other economic benefits to local communities every
year. The deferred action programs will contribute
over $800 million in additional economic benefits to
state and local governments annually. New York
City alone loses an estimated $100,000 in tax
revenue each day the injunction remains in place.

Amici represent a diverse array of local
interests, but are united in making one point: the
impact of the injunction is most immediately and
acutely felt on the local level. Yet the nationwide
injunction in this case was issued without any court
considering local harms or weighing local harms
against the narrow standing “injury” established by
plaintiffs: a claim by Texas, a single plaintiff state,
of increased driver’s license processing costs.

The courts below never considered local harms
within plaintiff states, let alone local harms

nationwide. Forty-four amici are located in plaintiff
states or states that have joined amicus briefs
supporting plaintiffs. For example, amici include
Dallas County, Travis County, and E] Paso County,
as well as Austin, Houston, Brownsville, and
Edinburg, local governments that collectively
represent over twenty-six percent of Texas's
population. Other amici located outside plaintiff
states represent over 42 million local residents. The
interests of all of amici’s residents were ignored by
the courts below in authorizing a nationwide
injunction.

If the role of local governments is to be
respected, courts must ensure that the core
requirements of standing are satisfied before the
issuance of a nationwide injunction harming
longstanding local interests. Amici submit this
brief to explain the local impact of federal
immigration measures, and to point out the legal
and practical problems in issuing a nationwide
injunction without considering the nationwide
harms to local governments and their residents.

SUMMARY OF THE ARGUMENT

This brief addresses the first question in the
petition: whether plaintiff states have standing to
bring this action. Amici local governments focus on
an important element of standing: plaintiffs’ proof
of standing for each form of relief sought. Here,
several factors demonstrate why plaintiffs’ claim of
standing to obtain a nationwide injunction is
overbroad.

1. Immigration measures, like the guidance in
this case, directly implicate significant local
interests. For this reason, local governments have
been active for decades in supporting deferred
action and taking other steps to protect immigrant
residents and their families. Federal humanitarian
actions to defer deportation for law-abiding local
residents, particularly parents and children, have
far-reaching social and financial benefits for
localities. Withholding and delaying deferred
action, by contrast, threatens irreparable local
harms for all of amici’s residents.

2. Despite the significant local impact, no court
below considered local harms, including whether
local harms vastly exceed the sole standing injury
proven by Texas, before enjoining the guidance
nationwide. No decision of this Court upholds such
a sweeping standing theory. To the contrary, this
Court has made clear that a party seeking a
preliminary injunction must establish irreparable
harm and “that an injunction is in the public

interest.” Winter v. NRDC, Inc., 555 U.S. 7, 20
(2008). Requiring plaintiffs ‘o establish standing
injury sufficient to justify the geographic scope of
judicial relief honors this Court’s warning that
courts must weigh “competing claims of injury” and
ensure that plaintiffs are not seeking overbroad

relief before issuing an injunction. See Weinberger
v. Romero-Barcelo, 456 U.S. 305, 312 (1982).

3. But here the lower courts did not weigh
competing claims of harm, because they treated
plaintiff states’ projections about increased driver's
license administration costs—solely in Texas—as
overriding tens of millions of dollars of lost revenue
and extensive social and law enforcement harms for
local governments in Texas and in other states.

4. This Court should not authorize a standing
rule for nationwide injunctions that effectively
gives objecting parties the right to veto federal
policies in every locality in the country, while
disregarding the harm to thousands of local
governments across the nation. That overbroad
concept of standing would invite parties to litigate
over political disputes and settle important public
questions, as in this case, by strategic litigation and
sweeping injunctions that bear little relation to the
narrow harms asserted.

ARGUMENT

I. The Guidance Protects Longstanding Local
Interests, and Enjoining the Guidance
Imposes Immediate Harms on Localities.

Amici’s support for the enjoined guidance is
based on decades of experience and longstanding
local efforts to protect our immigrant residents and
families. As amici have emphasized at every stage
of this litigation,* the guidance protects
undocumented immigrants who are important
contributors to our cities and towns.’ By denying
important humanitarian relief to millions of our
residents, the injunction strikes at the heart of our

2 See Br. for Amici Curiae the Mayors of New York, Los
Angeles, Atlanta, and Eighty-One Additional Mayors et al. in
Support of Petition for a Writ of Certiorari at 6-18 (No. 15-
674); Br. for Amici Curiae the Mayors of New York and Los
Angeles and Seventy-One Additional Mayors et al. in Support
of Appellants at 10-28, No, 15-40238 (5th Cir. Apr. 6, 2015);
Br. for Amici Curiae the Mayors of New York and Los Angeles
and Thirty-One Additional Mayors et al. in Opposition to
Plaintiffs’ Motion for Preliminary Injunction at 6-15, No. 14-
cv-254 (S.D. Tex. Jan. 27, 2015), ECF No. 121.

3 In New York State alone, undocumented immigrants pay an
estimated $1.1 billion in state and local taxes per year—
supporting public services for all residents regardless of their
immigration status. See Lisa Christensen Gee et al.,
Undocumented Immigrants’ State & Local Tax Contributions,
The Inst. of Taxation & Economic Policy, 3 (Feb. 24, 2016),
http://bit.ly/21rPuAd.

communities. The injunction imposes immediate
harms on all local residents by threatening public
health and safety, destabilizing families, and
harming the social and economic well-being of our
communities as a whole.

1. Local governments have long recognized that
promoting the integration of immigrant residents is
essential to the success of local communities, and
that lack of integration imposes significant local
harm. The depth of local concern in this area is
demonstrated by local governments’ decades-long
investment in both federal and local policies that
advance immigrant integration. This investment
reaches back to local support for the legalization
provisions of the 1986 Immigration Relief and
Control Act (IRCA), with the Los Angeles County
supervisor testifying before Congress that
legalization would promote integration and allow
undocumented immigrants to become productive
members of the community.* Local governments—
although not required to do so—played a key role in

4 Immigration Reform and Control Act of 1982: Joint
Hearings Before the Subcomm. on Immigration, Refugees, and
International Law of the S. Comm. on the Judiciary, 97th
Cong. 438 (1982) (statement of Deane Dana, Supervisor, Los
Angeles County).

implementing the IRCA legalization program,
raising application rates in their communities.”

Following IRCA’s passage, local leaders and
representatives lobbied for deferred action policies,
later enacted into law, to address the social and
humanitarian cost of “split-eligibility families”:
families where some members had legal status and
others lived under the threat of deportation.® In
1988, local pressure, prompted by humanitarian
concerns, led to a change in regulations to allow
undocumented immigrant children in foster care to
qualify for legal status under IRCA.’

5 See Pew Charitable Trusts, Immigration and Legalization:
Roles and Responsibilities of States and Localities, 12 (Apr.
2014), http://bit.ly/1TVNKVX.

6 Implementation of Immigration Reform: Hearing Before the
Subcomm. on Immigration and Refugee Affairs of the S.
Comm. on the Judiciary, 100th Cong. 190 (1988) (statement of
Edward I. Koch, Mayor, City of New York); Continuing
Oversight of the Immigration Reform and Control Act of 1986:
Hearing Before the Subcomm. on Immigration, Refugees, and
Intl Law, H. Comm. on the Judiciary, 100th Cong. 111-115
(1987) (statements of Rep. Hamilton Fish, Jr.. and Rep.
Howard L. Berman, Members, Subcomm. on: Immigration,
Refugees, and Int'l Law).

7 Marvine Howe, J.N.S. Ruling Benefits Illegal Immigrant
Children, N.Y. Times, Mar. 26, 1988; see also Amendments to
the Immigration Reform and Control Act of 1986: Hearing
Before the Subcomm. on Immigration, Refugees, and Intl Law
of the H. Comm. on the Judiciary, 101st Cong. 146-159 (1989)

2. In the years surrounding IRCA, localities also
responded to their residents’ fears of political strife
and persecution in their home countries by
supporting other federal deferred action programs.
For example, congressional representatives and
local government leaders from Los Angeles and
Miami—centers of immigration from Ethiopia and
Haiti, respectively—supported deferred action
programs in the 1980s and 1990s for those groups."
At least twelve municipalities officially gave their
support to federal deferred action for Salvadoran
and Guatemalan refugees in the 1980s.’ More
recently, deferred action programs have provided
humanitarian relief to individuals affected by
regional disasters in the United States, such as

(Statements of John E. Oppenheim, Asst. Dir. for Finance and
Administration, Dep't of Social Services, Santa Clara County,
and Carlos M. Sosa, Asst. Dir., Dep’t of Children’s Services of
Los Angeles County).

® Bernard Weinraub, State Dept. Reverses Policy on Ethiopian
Exiles in U.S., N.Y. Times, July 7, 1982; Eric Schmitt, Clinton
Expected to Spare Haitians from Deportation, N.Y. Times,
Dec. 17, 1997; Haitian Detention and Interdiction: Hearing
Before the Subcomm. on Immigration, Refugees, and Intl Law
of the H. Comm. on the Judiciary, 101st Cong. 79-81 (1989)
(Statement of Barbara Carey, Commissioner, Dade County,
Miami).

® Jorge L. Carro, Municipal and State Sanctuary
Declarations: Innocuous Symbolism or Improper Dictates?, 16
Pepp. L. Rev. 297, 311 (1989).

Hurricane Katrina and the September 11 terrorist
attacks.'°

3. Underscoring the strength of local interest in
this area, localities have voluntarily embraced their
role in federal relief programs for undocumented
victims of crime. For example, the U and T visa
programs, created in 2000, allow victims of crimes
such as domestic violence and human trafficking to
receive temporary status if they cooperate with law
enforcement investigations.'' These programs
address local interests by encouraging victims to
come forward and cooperate with law enforcement.
In turn, to increase trust and collaboration between
localities and immigrant communities, many local
police departments, prosecutors’ offices, family
protective services, and other agencies have chosen
to invest resources towards identifying potential

© USCIS, Interim Relief for Certain Foreign Academic
Students Adversely Affected by Hurricane Katrina: Frequently
Asked Questions (FAQ) at 1 (Nov. 25, 2005),
http://1.usa.gov/1TvOOEq; USA PATRIOT Act of 2001, Pub. L.
No. 107-56, § 423(b), 115 Stat. 272, 361.

'! Department of Homeland Security, U and T Visa Law
Enforcement Resource Guide for Federal, State, Local, Tribal
and Territorial Law Enforcement, Prosecutors, Judges, and
Other Government Agencies, 4, 9 (Jan. 4, 2016),
http://1.usa.gov/21Nu5Sm.

10

applicants and providing them with documentation
to bolster their applications for federal relief.

4. Localities continued their frontline
implementation role during the 2012 Deferred
Action for Childhood Arrivals (DACA) initiative.
New York City budgeted $18 million for education,
outreach, and legal service programs to encourage
local residents to apply for relief.'? School districts
in cities including San Diego, California; Des
Moines, lowa; and Yakima, Washington added staff
and offices and created new databases and systems
to facilitate record requests.‘ Immigrant affairs
offices held public application workshops, and in
Los Angeles, the mayor re-established the dormant
Office of Immigrant Affairs in part to assist
applicants.'* Mayors’ offices across the country

12 Id. at 3; Press Release, New York City Office of the Mayor,
Mayor de Blasio Announces NYC Commission of Human
Rights First Such Agency in Major U.S. City to Issue U and T
Visa Certifications (Feb. 9, 2016), http://on.nyc.gov/1Qqptwy.

183 Press Release, The Council of the City of New York,
Speaker Quinn, New York City Council Members, Bloomberg
Administration and Advocates Announce Funding to Provide
New Yorkers Immigration Relief (July 17, 2013),
http://on.nyc.gov/1L7mWIE.

14 Pew Charitable Trusts, supra note 5 at 15.

'% Audrey Singer et al., Metropolitan Policy Program at
Brookings, Local Insights From DACA for Implementing
Future Programs for Unauthorized Immigrants 10, 14 (June
2015), http://brook.gs/1nlvK10.

11

facilitated access to public documents. that
applicants would need; partnered with public
libraries to hold outreach sessions; and ensured
that residents were not misled by cracking down on
unqualified individuals offering fraudulent legal
services to immigrants. '°

5. In addition to supporting federal immigration
relief programs, localities have also implemented
innovative local policies to promote immigrant
integration. There are currently sixty-three offices
promoting immigrant integration at the municipal
level across the country, and those numbers are
growing.’ Starting in the 1980s, cities including
New York, Chicago, Albuquerque, and Austin have
mandated that local services be provided to
residents regardless of immigration status, based
on local leaders’ experience that public welfare
requires all residents to have access to education,
health, and police protection services.'"* Policy

16 Rebecca S. Carson, Ready or Not? Gauging Midwest
Preparations for Executive Action on Immigration, The
Chicago Council on Global Affairs, 8 (Mar. 2015),
http://bit.ly/1p4Q6 lc.

‘7 Opening Minds, Opening Doors, Opening Communities:
Cities Leading for Immigrant Integration, USC Dornsife
Center for the Study of Immigrant Integration, 5 (Dec. 15,
2015), http-//bit.ly/1Qy7diq.

18 City of Chicago, Office of New Americans, Chicago New

Americans Plan: Building a Thriving and Welcoming City, 33
(Dec. 2012), http://bit.ly/1O0Vg5gf; New York City Exec. Order

12

innovations like municipal identification cards—
established by at least seventeen localities, from
Los Angeles to Milwaukee County, Wisconsin—
further expand access to local services.'? Other
localities have launched health care programs for
undocumented residents.”’ To build trust between
law enforcement and immigrant communities,
police departments from metropolitan centers and
smaller cities have introduced immigration status
confidentiality policies, special hotlines, and
community education programs.*' Local officials

No. 124 (Aug. 7, 1989); New York City Exec. Order No. 34
(May 13, 2003); City of Albuquerque Resolution No. 2004-070
(June 7, 2004); City of Austin Resolution (Jan. 30, 1997).

19 Nat'l Immigration Law Center, Jmmigration-inclusive State
and Local Policies Move Ahead in 2014-15, Nat’] Immigration
Law Center, 14-15 (Dec. 2015), http://bit.ly/1QXSRh0O.

20 Id. at 13 (describing programs in California counties that
provide health services to undocumented immigrants and a
pilot program in New York City to use public and private
funds to insure a mostly undocumented group).

21 See, e.g., Opening Minds, Opening Doors, Opening
Communities, supra note 17 at 28 (describing strategies to
build trust between police and immigrant communities in
Tucson, Arizona; Boston, Massachusetts; and Norcross,
Georgia); Marie Price, Cities Welcoming Immigrants: Local
Strategies to Attract and Retain Immigrants in U.S.
Metropolitan Areas, International Organization for Migration,
13 (Dec. 2014), http://bit.ly/1QXT5EV (describing New York
City Police Department’s multilingual outreach program);
Austin Police Department, Robbery Prevention & Immigrant
Outreach (Hispanic), http://bit.ly/1RMG1za (last visited Mar.

13

have also prosecuted employers who engage in
wage theft and other abuses’ towards
undocumented workers.”

6. The 2014 executive guidance protects these
well-established local interests. The guidance
extends humanitarian relief to the same category of
“split-eligibility families” that local leaders had
long sought relief for. And by offering deferred
action relief to an estimated 3.8 million local
residents, the guidance helps promote local
governments’ existing integration efforts.

Because the impact of the guidance is most
immediate at the local level, local governments
provided early and extensive support for its
implementation. New York City has committed
almost $8 million to prepare legal aid providers and

4, 2016); New Orleans Police Department, Operations
Manual, Chapter 41.6.1, Immigration Status (effective Feb.
28, 2016), available at: http://bit.ly/1p4QJrA.

22 See Ruth Milkman et al., Wage Theft and Workplace
Violations in Los Angeles, UCLA Institute for Research on
Labor and Employment, 58 (2014), http://bit.ly/1p4R65F. For
example, in 2014, the Los Angeles City Attorney’s Office
prosecuted employers for failing to pay more than 50
employees approximately $250,000 in wages and overtime. As
a result of this suit, Los Angeles created a hotline to assist
residents victimized by wage theft. See Los Angeles City
Attorney, Fighting Wage Theft, http://bit.ly/21bTAeO (ast
visited Mar. 4, 2016).

14

community groups for implementation of the
guidance.~ Los Angeles raised $4 million for its
2015 campaign to help Los Angeles residents apply
for deferred action.** From Houston to Indianapolis
to Boston and beyond, localities have convened
stakeholders to make plans, provide information to
immigrant residents, and ensure access to quality
legal services to help residents with their
applications.” Indeed, weeks after the 2014
guidance was announced, a national coalition of
mayors and county leaders came together to
support the guidance and share best practices for
implementation. This coalition now includes over
100 mayors and county leaders.”°

7. Given the local interests at stake, local
governments have also made an extraordinary

23 Liz Robbins, New York to Aid Immigrants Amid Stalled
National Reforms, N.Y. Times, Dec. 14, 2015.

*% Press Release, Mayor of Los Angeles, Mayor Garcetti
Announces Nationwide Actions as Court Hearings Proceed on
Obama’s Immigration Reforms (Apr. 17, 2015),
http://bit.ly/1p4Rp0a.

2 Houston Immigrant Legal Services Collaborative,
http://www.citizenshipcorner.org (last visited Mar. 4, 2016);
Carson, supra note 16 at 8; City of Boston, Mayor’s Office of
New Bostonians, http://bit.ly/1Gfh22A (last visited Mar. 4,
2016).

26 Cities for Action, http://bit.ly/1QyRqzyY (last visited Mar. 4,
2016).

15

effort to inform the courts below why a nationwide
injunction should not issue. Amici have filed
amicus briefs at every stage of this litigation
explaining why a nationwide injunction blocking
implementation of the guidance imposes immediate
harms on amici’s residents.

As amici have explained, the injunction harms
local economies. Preventing residents from working
legally deprives localities of tax revenue, keeps
families in poverty, and leaves undocumented
residents vulnerable to employer exploitation and
abuse. The guidance is estimated to increase the
income of families with at least one eligible parent
by about ten percent.*’ Nationwide, it is estimated
that the 2012 and 2014 deferred-action initiatives
would increase state and local tax contributions by
$805 million per year—$59 million for Texas
alone.” The injunction costs local governments
hundreds of thousands of dollars each day it

remains in effect.

Amici have also explained that the injunction
imposes irreparable social harms. The enjoined
guidance protects children and _ parents,

27 Randy Capps et al., Deferred Action for Unauthorized
Immigrant Parents: Analysis of DAPA’s Potential Effects on
Families and Children, Migration Policy Institute, 17 (Feb.
2016), http://bit.ly/1 UNIHQR.

28 Gee, supra note 8 at 5.

16

undocumented immigrants with family connections
to the United States and local communities.”
Withholding deferred action places millions of
families in our cities and counties at economic and
personal risk—unable to legally support their
families and afraid and reluctant to go to the police,
seek health care, or take advantage of government
services to aid themselves and their children, for
fear of revealing the undocumented status of a
family member. These harms extend beyond the
potential applicants themselves: children of
undocumented parents (including many children
who are citizens of this country) suffer ongoing
social and psychological harms due to fear of
separation from parents, siblings, and other loved
ones.*’ And the safety of all residents is threatened

22 Capps, supra note 27 at 5, 7 (noting that more than two-
thirds of parents potentially eligible for relief under the
guidance have lived in the United States for at least ten
years, and eighty-five percent of their minor children are U.S.
citizens).

30 See Max Ehrenfruend, How having an undocumented
parent hurts American children, Wash. Post, Mar. 4, 2015;
Joanna Dreby, How Today’s Immigration Enforcement
Policies Impact Children, Families, and Communities, Center
for American Progress, 9 (Aug. 2012), http://ampr.gs/1nlxCrC;
Capps, supra note 27 at 19-20.

17

when community members are afraid to seek help
from the police.”

Amici rely on the contribution of all residents,
and harm to any significant portion of our residents
and families affects the wider community. As a
New York City official recognized almost thirty
years ago: “If some New Yorkers are ill, poorly
educated or easy victims of crime, all New Yorkers
suffer. We cannot write off our undocumented
aliens without great cost to ourselves.”**

Il.A Single Plaintiffs Claim of Future
Administrative Costs Does Not Support
Standing for a Nationwide Injunction that
Inflicts Widespread Local Harms

The longstanding local interests implicated by
deferred action relief inform the standing question
before the Court. Standing requirements are not
technical doctrines. One of their core purposes is to
assure that plaintiffs are not using federal courts
as instruments of partisan political battles, short-

31 See Oversight of the Administration’s Misdirected
Immigration Enforcement Policies: Examining the Impact on
Public Safety and Honoring the Victims, Hearing Before the S.
Comm. on the Judiciary, 114th Cong. (July 21, 2015)
(statement of Tom Manger, Major Cities Chiefs Association),

available at http://bit.ly/1LESmpB.

82 Marvine Howe, The Region: Under the New Law, Illegal
Aliens Suffer Much in Silence, N.Y. Times, Nov. 27, 1988.

18

circuiting consideration of the public interest in
enjoining government action. Here, the courts
below failed to ensure that plaintiffs’ proven
standing injury justified an expansive nationwide
injunction. That standing error had profound
practical consequences for amici. It meant that no
court below considered the harms to _ local
communities and local residents before issuing an
injunction binding in amici’s home jurisdictions.

1. Here, although twenty-six states filed suit,
the district court concluded that plaintiffs had
established only one concrete form of injury:*’ that
Texas would allegedly incur “several million
dollars” in future administrative costs, processing
driver's license applications from residents who
might qualify for deferred action under the
guidance (Pet. App. 21a).**

83 The district court did not credit the other conclusory
allegations of injury made by plaintiffs. Many of plaintiffs’
alleged “injuries” in fact rested on unproven claims about
increased local fiscal burden (Respondents’ Br. in Opp. to
Petition for a Writ of Certiorari at 12, 17 (No. 15-674)). But
plaintiffs do not purport to represent local governments in
their jurisdictions, and cannot “seek to enjoin” the 2014
guidance “on the ground that it might cause harm to other
parties.” See Monsanto Co. v. Geertson Seed Farms, 561 U.S.
139, 163 (2010).

34 The United States notes that Texas is claiming harm from

a voluntary state subsidy because Texas could shift the cost of
processing license applications to applicants (Pet’rs’ Br. at

19

But this Court has made clear that “standing is
not dispensed in gross,” and, as a result, any
injunctive relief must be tailored to “the injury in
fact that the plaintiff has _ established.”
DaimlerChrysler Corp. v. Cuno, 547 U.S. 332, 353
(2006) (citation and quotation marks omitted). To
justify the scope of the preliminary isjunction,
plaintiffs had to establish injury sufficient to enjoin
the guidance nationwide. See Friends of the Earth,
Inc. v. Laidlaw Envtl. Servs. (TOC), Inc., 528 U.S.
167, 185 (2000) (parties must establish standing for
each form of relief sought, including standing to
obtain an injunction).

2. Close attention to standing in the injunction
context protects third parties, such as amici and
their residents, before a broad injunction is imposed
that harms absent parties. This Court has warned
that courts must weigh competing claims of injury
and protect the public interest before issuing an
injunction. See, eg., Winter, 555 U.S. at 20;
Weinberger, 456 U.S. at 313. If these duties are not
followed, there is a serious risk that overbroad
injunctions will serve as “instrument([s] of wrong.”
Salazar v. Buono, 559 U.S. 700, 714-15 (2010)
(citation and quotation marks omitted); see also
Weinberger, 456 U.S. at 312 (warning courts to “pay

26). Amici raise standing objections that would apply
independently of any voluntary subsidy hurdle.

20

particular regard for the public consequences in
employing the extraordinary remedy’ of
injunction”). Standing is the starting point for these
threshold inquiries. Courts cannot coherently tailor
injunctions to avoid public harms unless the scope
of relief a plaintiff is entitled to is clear from the
outset.

At every stage of this litigation, amici local
governments have endeavored to explain the
extensive harms imposed and crucial benefits lost
by enjoining the guidance in thousands of local
communities across the nation. The theory of
standing accepted by the lower courts, however,
improperly ignored those interests—accepting a
discrete and narrow claim of “injury” to a single
plaintiff—as conferring standing to enjoin the
guidance everywhere, regardless of harmful local
impact. But the standing injury claimed does not
match the expansive relief that was ordered.

Here, plaintiffs established only one form of
alleged standing injury: that Texas may face
additional administrative expenditures from
increased driver’s license applications if the 2014
guidance goes into effect. Plaintiffs did not even
establish that the increased expenditures
constituted “harm” or “injury” in the ordinary
meaning of those terms. By granting work
authorization and recognizing the economic
contribution of longterm undocumented residents,
the guidance provides hundreds of millions of
dollars in economic benefits to states and

21

localities.” Plaintiffs did not disprove these
benefits; they only claimed that the benefits were
irrelevant even if Texas and other plaintiffs are net
economic and fiscal beneficiaries under the
guidance.

3. This concept of standing not only overlooks
the lack of concrete financial injury to Texas, it also
ignores the harms that a nationwide injunction
imposes on localities. The courts below never
evaluated why Texas’s claim of increased
administrative costs (solely in Texas) warranted
enjoining the guidance across the United States.
Failure to adhere to threshold standing
requirements meant in effect that the real world
concerns of millions of local residents were
overlooked.

In contrast to Texas’s narrow claim of injury
from future expenditures, blocking implementation
of the guidance imposes extensive local harms—all
of which the courts below disregarded because they
accepted that Texas had standing to enjoin the
guidance nationwide:

e Local harms _ within __Texas. Local
governments within plaintiff states will

suffer harm if the guidance is delayed. The

36 Gee, supra note 3 at 5.

22

2012 and 2014 deferred-action initiatives
would likely lead to millions of increased
local tax contributions—one estimate is that
the state of Texas and its local governments
could receive $59 million a year from the
initiatives.°° In fact, amici from Texas,
representing 6.7 million Texas residents,
oppose the preliminary injunction and
confirm that the injunction will harm their
residents, communities, and local
governments.

Local harms outside Texas. Likewise, while
plaintiffs proved no harm outside of Texas,
local governments and millions of local
residents in other states are harmed by the
preliminary injunction. As amici have
explained, even if confined to financial
impact alone, the financial harm to local
governments in other states far exceeds
Texas’s claim of injury. New York City alone
loses an estimated $35 million in tax revenue
funds because the guidance is blocked for

36 Id.

23

New York City residents.*’ In Los Angeles
County, undocumented immigrants eligible
for deferred action to could see wage growth
of a combined $1.6 billion during the life of
the guidance, leading to an estimated $1.1
billion in new tax revenue between personal,
sales, and business taxes.™*

¢ Irreparable non-financial harms. Even more
important, plaintiffs’ standing theory rests
on future financial expenditure alone. But
monetary expenditure (particularly when
offset by compensating economic benefits)
generally does not qualify as irreparable
harm. By contrast, amici have explained how
the nationwide injunction imposes daily
harms to amici’s law enforcement and public
safety efforts and how the threat of
deportation and lack of legal status harms

3? See Br. for Amici Curiae the Mayors of New York, Los
Angeles, Atlanta, et al. in Support of the Petition for a Writ of
Certiorari at 15-18.

38 Raul Hinojosa-Ojeda, The Economic Benefits of Expanding
the Dream: DAPA and DACA Impacts on Los Angeles and
California, UCLA North American Integration &
Development Center, 1 (Jan. 26, 2015), http://bit.ly/1TeIxRL.

24

family stability and injures children. Those
harms truly are irreparable; they cannot be
undone even if the injunction is later lifted.

4. While the lower courts relied on
Massachusetts v. EPA, 549 U.S. 497 (2007), that
case did not address a nationwide injunction and
does not bless plaintiffs’ standing theory here. In
Massachusetts, the only question was whether
plaintiff states had standing to seek judicial review
of a petition for agency rulemaking. The requested
rulemaking did not impose any harm on absent
individuals or local governments. Moreover, the
asserted injury was loss of state territorial lands
through climate change, a form of irreparable
injury specific to states as sovereign entities.”

This case presents the opposite scenario:
plaintiffs sought and obtained a nationwide
injunction that imposes widespread harms on
absent parties, including local governments and
their residents. And the standing “injury” asserted,
increased future expenditures, is neither unique to

%° This Court acknowledged “special solicitude” for states in
assessing standing in this context only; nothing in the Court's
decisions authorizes lower federal courts to disregard the
interests of other parties, including other states and local
governments, merely because a state acts as plaintiff.
Massachusetts, 549 U.S. at 520.

25

states in their sovereign capacity nor clearly
irreparable in scope.

5. The lower courts’ analysis highlights the
overbreadth in plaintiffs’ standing theory. Like
almost all government actions, the executive
guidance balances short-term costs and long-term
benefits—here, the benefits to local communities by
allowing certain law-abiding and longstanding
residents to apply for deferred action relief. It
would be almost impossible to implement any
beneficial government action, particularly action
that aids and protects a large number of
individuals, without some party having to make
some future administrative expenditures.

The type of administrative costs that Texas
asserts are common to any number of parties,
including non-governmental parties like insurance
companies, employers, and other businesses that
might have to process additional applications or
paperwork as a result of a challenged government
guidance or action. It makes little sense to issue
nationwide injunctions to parties who claim
standing based on anticipated administrative costs
without considering the public benefits associated
with the challenged government action and without
considering whether the plaintiff even suffers a net
monetary loss.

The breadth of the standing theory in this case

is compounded by the circuit majority's rationale
for a nationwide injunction. The two-judge majority

26

justified a nationwide injunction by presuming that
a geographically limited injunction would be
ineffective because eligible beneficiaries of the
executive guidance could potentially relocate to
Texas from other areas (Pet. App. 89a). But
freedom of travel is a basic fact of life in the United
States. The potential for individuals to move to a
particular location from other areas exists in
almost any case.

If that potential alone authorized standing to
obtain a nationwide injunction” notwithstanding
widespread local harms’ elsewhere, local
governments would be faced with an unworkable
standing rule that placed the interests of their
residents at risk. A fundamental trait of American
life—unrestricted travel—would authorize
nationwide injunctions as a matter of course in
litigation challenging federal actions. The
“migration” theory of nationwide injunctions also
disregards the immediate effects of such
injunctions on millions of individuals in their
current communities. It disserves the public

= Although this Court has required that threatened injury be
“real, immediate, and direct” as well as “certainly impending”
to support standing, Davis v. FEC, 554 U.S. 724, 734 (2008);
Clapper v. Amnesty Intl USA, 133 S. Ct. 1138, 1143 (2013),
plaintiffs never proved that theorized migration into Texas
was real and imminent, or even likely to increase the number
of future driver’s license applications, given the potential for
simultaneous migration of individuals and families out of
Texas.

27

interest to issue expansive relief based on the
theoretical possibility of individuals relocating at
some future point, while ignoring present-day
harms to millions of local residents in the cities and
counties where they reside right now.

6. Accepting such a broad standing theory also
threatens to move generalized political disputes
into federal courts, giving plaintiffs with narrow
and confined injuries a mechanism to obtain
nationwide injunctions. The most politically
controversial subjects are also those most likely to
affect the daily lives of individuals. Local
governments are especially vulnerable because
they provide frontline services and directly
experience the impact when residents are deprived
of essential services, protections, and remedies
because of a judicial injunction.

Again, the core components of plaintiffs’ claimed
standing—projected future administrative costs
plus the possibility of individuals traveling—could
be asserted by a wide array of parties both public
and private. Giving a single state (or a single party)
standing to effectively veto federal action
nationwide on such narrow proof of injury goes far
beyond the existing standing principles recognized
by this Court.*!

‘1 Standing theories that readily allow single-court
nationwide injunctions also place crucial public issues in the
hands of one judge—countermanding this Court’s caution that

28

7. Finally, if standing to obtain a nationwide
injunction is upheld’ based on _ projected
administrative expenditures plus the possibility of
individuals traveling, a huge swath of federal
actions with critical effects on local residents would
be subject to sweeping injunctive challenges in
almost any district court in the nation. From a
practical perspective, in order to protect municipal
interests, local authorities would have to track
lawsuits around the country and seek to file amicus
briefs, or even intervene, to ward off harmful
injunctions in their home jurisdictions.”

City and county attorneys accustomed to
practicing only in their local courts would have to
appear in faraway federal courts and attempt to
present evidence of local harms in litigation
involving other parties. Very few municipal law
offices have these capabilities, particularly for
preliminary injunction proceedings as in this case,

when government action is at stake, courts should not
“thwart the development of important questions of law by
freezing the first final decision rendered on a particular legal
issue.” United States v. Mendoza, 464 U.S. 154, 160 (1984).

42 By divorcing the scope of the injunction from proven injury,
the standing theory in this case encourages plaintiffs to
strategically forum shop and to deliberately choose courts in
forums where the harms of a broad injunction will not be
obvious or apparent, and where it will be difficult for
adversely affected parties, like local governments, to appear.

29

which take place on an expedited timeframe. For
all these reasons, devoting scarce resources to stave
off overbroad injunctions in far-flung jurisdictions
is impractical, if not impossible, for the vast
majority of the amici cities and counties.

* * ~ .

In this case, no court below considered the harm
to millions of people across thousands of local
jurisdictions before issuing a nationwide injunction
blocking the guidance. This Court should vacate
the injunction because plaintiffs failed to establish
standing to justify the scope of the injunction, or
prove that the injunction served the public interest
and was necessary to remedy cognizable harm to

Texas.

30

CONCLUSION

The judgment of the Court of Appeals should be

reversed.

Respectfully submitted,

ZACHARY W. CARTER
Corporation Counsel of
the City of New York,
Attorney for the City of
New York and Mayor
Bill de Blasio

CATHY HAMPTON
City Attorney,

Attorney for Kasim Reed,

Mayor of Atlanta

ANNE L. MORGAN
City Attorney,

Attorney for Steve Adler
Mayor of Austin, Texas

MICHAEL N. FEUER
City Attorney of the
City of Los Angeles,
Attorney for the City of
Los Angeles and Los
Angeles City Mayor
Eric Garcetti

THOMAS BENTLEY, III
Deputy City Attorney,
Attorney for William

A. Bell, Sr., Mayor of

Birmingham, Alabama

Counsel for Amicus Curiae

Donna R. Ziegler
County Counsel for the County of Alameda
Attorney for the County of Alameda, California

Stephen Thies
City of Alamogordo Attorney
Attorney for the City of Alamogordo, New Mexico

and for Mayor Susie Galea

John J. Reilly

Corporation Counsel

Attorney for Katherine M. Sheehan,
Mayor of Albany, New York

James L. Banks, Jr.

City Attorney

Office of the City Attorney

for the City of Alexandria

Attorney for the City of Alexandria, Virginia
and Mayor Allison Silberberg

Susan Ellis Wild

Solicitor, City of Allentown, Pennsylvania
Attorney for the City of Allentown

and Mayor Ed Pawlowski

Nancy Diamond

City Attorney

Attorney for the City of Arcata, California
Mayor Paul Pitino

32

Stephen A. Maclsaac

County Attorney

Counsel for the County Board
of Arlington County, Virginia

George A. Nilson

Baltimore City Solicitor

Attorney for Mayor Stephanie Rawlings-Blake
acting on behalf of the Mayor

and City Council of Baltimore

David J. Aleshire
City Attorney
Attorney for the City of Bell, California

Philippa M. Guthrie

Corporation Counsel

Counsel for the City of Bloomington, Indiana
Mayor John Hamilton

Robert B. Luce

City Attorney

City of Boise

Attorney for David H. Bieter,
Mayor of the City of Boise, Idaho

Eugene L. O’Flaherty

Corporation Counsel

City of Boston Law Department

Attorney for Martin J. Walsh

Mayor of the City of Boston, Massachusetts

33

R. Christopher Meyer

City Attorney for the City of Bridgeport
Attorney on behalf of the Honorable Joseph P.
Ganim, Mayor of the City of Bridgeport,
Connecticut

Mark Sossi

City Attorney

Attorney for the City of Brownsville, Texas
Mayor Tony Martinez

Timothy A. Ball

Corporation Counsel
Attorney for Byron W. Brown,
Mayor of Buffalo, New York

Nancy E. Glowa

City Solicitor

Law Department

Attorney for the City of Cambridge, Massachusetts

G. Nicholas Herman

Robert E. Hornik, Jr.

The Brough Law Firm, PLLC

Attorneys for the Town of Carrboro, North Carolina
Mayor Lydia Lavelle

Matthew T. Jerzyk

City Solicitor

City of Central Falls

Attorney for James Diossa,

Mayor'of the City of Central Falls, Rhode Island

34

Cheryl Watson Fisher

City Solicitor of the City of Chelsea

Attorney for the City of Chelsea, Massachusetts
and City Manager Thomas G. Ambrosino

Stephen R. Patton

Corporation Counsel

Attorney for the City of Chicago, Jilinois
and Mayor Rahm Emanuel

Rose M. Winkeler

Deputy County Attorney

Coconino County Attorneys Office
Attorney for the Coconino County, Arizona
Board of Supervisors

Richard C. Pfeiffer, Jr.

City Attorney

City of Columbus

Counsel for Andrew Ginther,

Mayor of the City of Columbus, Ohio

Anita Alvarez

State’s Attorney

Donald J. Pechous

Paul A. Castiglione

Assistant State’s Attorneys
Attorneys for Cook County, Illinois

Wendy L. Elston

City Attorney

Attorney for the City of Crete, Nebraska
Mayor Roger Foster

35

Monica Lira Bravo

Lira Bravo Law, PLLC

Attorney for Dallas County, Texas,
and Clay Lewis Jenkins,

County Judge of Dallas County

Harriet A. Steiner

City Attorney

Best Best & Krieger LLP

Attorney for Dan Wolk,

Mayor of the City of Davis, California

John C. Musto

Assistant City Attorney

City of Dayton, Ohio

Department of Law

Attorney for City of Dayton, Ohio

and Nan Whaley, Mayor of the City of Dayton, Ohio

D. Scott Martinez

City Attorney

Attorney for Michael B. Hancock
Mayor of the City & County of Denver

John B. Murphey

Rosenthal, Murphey, Coblentz & Donahue
Attorney for the Village of Dolton, Illinois
and Mayor Riley H. Rogers

Patrick W. Baker

City Attorney for the City of
Durham, North Carolina

36

Thomas M. Yeadon
Attorney for the City of East Lansing, Michigan
and Mayor Mark S. Meadows

Ricardo Palacios

Palacios, Garza, & Thompson, P.C.
Corporation Counsel

Attorney for City of Edinburg, Texas
and Mayor Richard H. Garcia

Jo Anne Bernal
E] Paso County Attorney
Attorney for El Paso County, Texas

Michael Guina
City Attorney

Attorney for the City of Emeryville, California,
Mayor Dianne Martinez

W. Grant Farrar

Corporation Counsel

City of Evanston Law Department
Attorney for Elizabeth Tisdahl
Mayor of Evanston, Illinois

Roger N. Knutson

City Attorney

Attorney for Peter Lindstrom

Mayor of Falcon Heights, Minnesota

37

Niquelle Allen Winfrey
Corporation Counsel of the City of Gary, Indiana

Attorney for the City of Gary, Indiana and
Mayor Karen Freeman- Wilson

Andrew P. Oddo, Esq.

Corporation Counsel

for the Borough of Haledon, New Jersey
Attorney for the Borough of Haledon
and Mayor Domenick Stampone

Howard G. Rifkin

Corporation Counsel

City of Hartford

Attorney for the City of Hartford, Connecticut
and Mayor Luke Bronin

Debra Urbano DiSalvo

Village Attorney

Attorney for Incorporated Village of
Hempstead, New York

Benjamin E. Gehrt

Partner

Clark Baird Smith LLP

Attorney for Nancy R. Rotering

Mayor of the City of Highland Park, Illinois

Alysia M. Proko, Esq.
Interim Corporation Counsel
City of Hoboken

Attorney for the Mayor and
City of Hoboken, New Jersey

38

Kara Lamb Cunha

Assistant City Solicitor

Attorney for Alex B. Morse,
Mayor of Holyoke, Massachusetts

Donna L. Edmundson

City Attorney

Judith Ramsey

Chief, General Litigation Section
City of Houston Legal Department
Attorney for Sylvester Turner,
Mayor of Houston

Scott A. Damron

City Attorney of the City of

Huntington, West Virginia

Attorney for the City of Huntington, West Virginia
and Mayor Steve Williams

Aaron O. Lavine

Corporation Counsel

Attorney for Svante L. Myrick,
Mayor of Ithaca, New York

Monica Davis Joiner

City Attorney

Attorney for the City of Jackson, Mississippi
Mayor Tony Yarber

39

Jeremy Farrell

Corporation Counsel

City of Jersey City

Attorney for Steven M. Fulop,

Mayor of the City of Jersey City, New Jersey

William D. Geary

City Attorney

Attorney for Sylvester “Sly” James,

Mayor of the City of Kansas City, Missouri

Charles W. Swanson

Law Director, City of Knoxville, Tennessee
Attorney for City of Knoxville, Tennessee
and Mayor Madeline Rogero

Jose M. Sanchez

City Attorney of the City of Livingston

Attorney for the City of Livingston, California and
Mayor Rodrigo Espinoza

Charles Parkin

City Attorney

Attorney for Robert Garcia
Mayor of Long Beach, California

Mary C. Wickham

County Counsel
Attorney for Los Angeles County, California

40

Julia Bates

Lucas County Prosecutor

By Steven J. Papadimos

First Assistant, Lucas County Prosecutor's Office
Attorney for Board of Lucas County, Ohio,
Commissioners, Tina Skeldon Wozniak, Pete
Gerken, and Carol Contrada

Michael P. May

City Attorney

Attorney for Paul R. Soglin,
Mayor of Madison, Wisconsin

Steven Woodside
County Counsel
Counsel for the County of Marin, California

Kori Termine Wisneski

Deputy General Counsel

Office of the General Counse}

City of Middletown

Attorney for Daniel T. Drew

Mayor of the City of Middletown, Connecticut

Grant F. Langley

City Attorney

City of Milwaukee

Attorney for the City of Milwaukee

Susan L. Segal
Minneapolis City Attorney

Attorney for Betsy Hodges, Mayor of Minneapolis,
and the City of Minneapolis

41

Marc P. Hansen
County Attorney
Attorney for Montgomery County, Maryland

John Rose, Jr.

Acting Corporation Counsel
Attorney for Toni N. Harp,

Mayor of New Haven, Connecticut

Jeffrey T. Londregan

Corporation Counsel

of the City of New London

Attorney for the City of New London, Connecticut
and Mayor Michael E. Passero

Rebecca Dietz

City Attorney

City of New Orleans

Attorney for Mitch Landrieu

Mayor of the City of New Orleans, Louisiana

Kathleen E. Gill, Esq.

Chief of Staff for Policy and Government Affairs/
Corporation Counsel

City of New Rochelle

Attorney for Mayor Bramson and

the City of New Rochelle, New York

Willie’L. Parker, Esq.

Corporation Counsel

City of Newark, Department of Law
Attorney for Ras J. Baraka,

Mayor of the City of Newark, New Jersey

42

Donnalyn B. Lynch Kahn

City Solicitor

City of Newton

Attorney for Setti D. Warren

Mayor of the City of Newton, Massachusetts

Craig H. Johnson

Corporation Counsel

Attorney for Paul A. Dyster,
Mayor of Niagara Falls, New York

Barbara J. Parker

City Attorney for the

City of Oakland

Attorney for Mayor Libby Schaaf
and the City of Oakland

Domenick Stampone, Esq.

Corporation Counsel for the City of Paterson
Attorney for the City of Paterson, New Jersey
and Mayor Jose “joey” Torres

Samuel S, Goren, Esq.

City Attorney

City of Pembroke Pines

City Attorney for Pembroke Pines, Florida

Sozi Pedro Tulante

City Solicitor

Philadelphia Law Department

Attorney for the City of Philadelphia and
Mayor James F Kenney

43

Lourdes Sanchez Ridge

City Solicitor

Chief Legal Officer

Attorney for William Peduto,
Mayor of Pittsburgh

David L. Minchello

Corporation Counsel

Attorney for Adrian O. Mapp,
Mayor of Plainfield, New Jersey

Tracy Reeve

City Attorney

Harry Auerbach

Chief Deputy City Attorney |

Attorneys for Charlie Hales, Mayor of Portland,
on behalf of the City Council

of the City of Portland, Oregon

M. Andree Green
County Attorney
Attorney for Prince George’s County, Maryland

Trishka W. Cecil
Mason, Griffin & Pierson, P.C.
Attorney for Princeton, New Jersey

Jeff Dana

City Solicitor

Attorney for Jorge O. Elorza,

Mayor of the City of Providence, Rhode Island

44

Bruce Reed Goodmiller

City Attorney

City of Richmond

Attorney for the City of Richmond

and Mayor Tom Butt, City of Richmond, California

Brian F. Curran

Corporation Counsel

Law Department

City of Rochester

Attorney for Lovely Warren,

Mayor of the City of Rochester, New York

Rachel M. Caruso

Borough Attorney

Borough of Roselle

Attorney for the Borough of Roselle, New Jersey
Mayor Christine Dansereau

James Sanchez

City Attorney

Attorney for the City Council,
Sacramento, California

Margaret D. Plane

Salt Lake City Attorney
Salt Lake City Corporation
Attorney for Salt Lake City
and Mayor Jackie Biskupski

Rick R. Olivarez

City Attorney
Attorney for the City of San Fernando, California

45

Dennis J. Herrera

San Francisco City Attorney

Attorney for the City and County of San Francisco
and Mayor Edwin M. Lee

Richard Doyle

City Attorney

Attorney for Mayor Sam Liccardo
and the City of San Jose, California

John C. Beiers

County Counsel
Attorney for the County of San Mateo, California

Sonia R. Carvalho

City Attorney

City of Santa Ana

City Attorney for the City of Santa Ana, California
Miguel Pulido, Mayor

Orry P. Korb

County Counsel

County of Santa Clara

Attorney for the County of Santa Clara, California

Charlene Laplante

Chief Civil Deputy

Santa Cruz County Attorney
Attorney for the Board of Supervisors
Santa Cruz County, Arizona

46

Kelley A. Brennan

City Attorney

City of Santa Fe

Attorney for the City of Santa Fe
Javier M. Gonzales, Mayor

Marsha Jones Moutrie

City Attorney

City of Santa Monica

Attorney for the City of Santa Monica, California,
Mayor Antonio Vazquez

Car! G. Falotico

Corporation Counsel

Attorney for Gary R. McCarthy,
Mayor of Schenectady, New York

Ian Warner
Legal Counsel to the Mayor of Seattle
Counsel for Edward B. Murray, Mayor of Seattle

Francis X. Wright, Jr.

City Solicitor

City of Somerville

As attorney for Joseph A. Curtatone,
as Mayor of Somerville, Massachusetts

Bruce Goldstein

County Counsel

Alegria De La Cruz

Deputy County Counsel

County of Sonoma

Attorneys for Sonoma County, California

47

Cristal C. Brisco

Corporation Counsel of the City of South Bend
Attorney for the City of South Bend, Indiana
and Mayor Pete Buttigieg

Michael A. Garvin

City Counselor

Attorney for Francis G. Slay,
Mayor of the City of St. Louis

Samuel J. Clark

City Attorney

Attorney for Mayor Chris Coleman
Saint Paul, Minnesota

Terry J. Williams

Solicitor

Attorney for State College, Pennsylvania Borough
Council and Mayor Elizabeth A. Goreham

Kimberly A. Kisslan

City Attorney

City of Sunrise

Attorney for Michael J. Ryan
Mayor of Sunrise, Florida

Robert P. Stamey

Corporation Counsel

Attorney for Stephanie A. Miner
Mayor of Syracuse, New York

48

Elizabeth A. Pauli

City of Tacoma

City Attorney

Attorney for Marilyn Strickland,
Mayor of the City of Tacoma

Julia C. Mandell, Esq.

City Attorney

City of Tampa Attorney for Bob Buckhorr,
Mayor of the City of Tampa, Florida

David A. Escamilla

Travis County Attorney

Sherine E. Thomas, Assistant County Attorney
Travis County Attorney’s Office

Attorneys for Travis County, Texas

Marc A. McKithen

Director of Law — City Attorney

Counsel for Eric E. Jackson

Mayor of the City of Trenton, New Jersey

Krystle Nova
City Attorney
Attorney for the City of Union City, New Jersey

Robert E. Barry, Esq.

County Counsel, County of Union
Attorney for the County of Union, New Jersey

49

Elizabeth A. Cavendish

General Counsel

Mayor Muriel Bowser

Attorney for Mayor Muriel Bowser,
Washington, D.C.

Michael Jenkins

City Attorney

Jenkins & Hogin, LLP

Attorney for Lindsey P. Horvath,
Mayor of West Hollywood, California

Frank Consolo

Law Director

Counsel for Mayor Charles E. Smith and
The Village of Woodmere, Ohio

Philip J. Pogledich

County Counsel

County of Yolo

Attorney for the County of Yolo, California

Michael V. Curti, Esq.

Corporation Counsel

City of Yonkers

Attorney for Mike Spano,

Mayor of the City of Yonkers, New York

Jason R. Sabol, Esq.

Assistant Solicitor of the City of York,
Pennsylvania

Attorney for the City of York, Pennsylvania
and Mayor C. Kim Bracey

50

Carolyn Coleman, Esq.

Director, Federal Advocacy

National League of Cities

Attorney for National League of Cities

John Daniel Reaves

General Counsel

The United States Conference of Mayors
Attorney for The United States
Conference of Mayors

51

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385016_0635%3A50. Public record. Not legal advice.