September 20, 2017

(NEW ORLEANS, LA) - MALDEF (Mexican American Legal Defense and Educational Fund) will present oral argument to the United States Court of Appeals for the Fifth Circuit on Friday in opposition to an emergency order requested by the State of Texas that would allow Texas’ SB 4 to take effect.

Texas’ request follows a ruling by Judge Orlando Garcia of U.S. District Court for the Western District of Texas that temporarily blocked implementation of key provisions of SB 4, including a mandate to honor ICE detainers in local jails, restrictions on the free speech of local officials, and permission for local police to act as immigration enforcement officers.

The Fifth Circuit panel will hear oral argument on Friday in a motion filed by the Texas Attorney General requesting that SB 4 be allowed to take effect pending resolution of the full appeal from the preliminary injunction that Judge Garcia granted. The United States Department of Justice will join Texas in presenting oral argument before the three-judge panel.

MALDEF will present oral argument in opposition to the request by Texas. MALDEF challenged SB 4 on behalf of the City of San Antonio, Bexar County, the City of El Paso, San Antonio City Councilmember Rey A. Saldaña, the Texas Association of Chicanos in Higher Education (TACHE), the Workers Defense Project (WDP), and La Union Del Pueblo Entero (LUPE), alleging that the law violates the First, Fourth and Fourteenth Amendments of the U.S. Constitution, as well as other constitutional and statutory provisions. MALDEF is joined in the case by pro bono counsel from the law firm Sidley Austin LLP.

Read MALDEF’s clients’ brief responding to the Texas appeal, and a timeline of SB 4 developments.

WHAT: Oral argument on Texas request to implement SB 4 immediately

WHO: Nina Perales, MALDEF vice president for litigation

WHEN: 9:30 a.m., Friday, September 22, 2017

WHERE: U.S. Court of Appeals for the Fifth Circuit
John Minor Wisdom United States Court of Appeals Building
600 Camp Street
New Orleans, Louisiana

A press conference will be held immediately following the hearing and attorneys will be available to speak with reporters. The press conference will be streamed on Facebook Live at

Founded in 1968, MALDEF is the nation's leading Latino legal civil rights organization. Often described as the "Latino Legal Voice for Civil Rights in America" MALDEF promotes social change through advocacy, communications, community education, and litigation in the areas of education, employment, immigrant rights, and political access. For more information on MALDEF, please visit:

Copyright 2009 MALDEF — Mexican American Legal Defense and Educational Fund