Primary Department: County Attorney
Primary Department Head/Elected Official: Jonathan Fombonne
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Regular or Supplemental RCA: Regular RCA
Type of Request: Discussion Item
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Justification for 0% MWBE Participation Goal: N/A - Goal not applicable to request
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Justification for 0% Grant Indirect Costs Rate (if applicable): N/A - Not a grant item
Request Summary (Agenda Caption):
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Request for approval allowing Harris County to join an amicus brief in Buenrostro-Mendez v. Bondi, No. 25-20496, currently pending in the United States Court of Appeals for the Fifth Circuit, regarding mandatory indefinite detention.
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Background and Discussion:
We are asking to join an amicus brief supporting the petitioners in Buenrostro-Mendez v. Bondi <https://www.ca5.uscourts.gov/opinions/pub/25/25-20496-CV0.pdf> (consolidated with Covarrubias v. Vergara). The amicus brief will contest the ruling of a 3-judge panel of the Fifth Circuit Court of Appeals (2 voted in favor and one dissented) which, contrary to decades of prior bipartisan practice, held that even noncitizens who have lived in the United States for years without a criminal record and are apprehended far from the border are subject to mandatory indefinite detention without bond. Prior to this ruling, folks in these circumstances were eligible for bond hearings. In this amicus brief, we will join with other jurisdictions to explain the extent of harm this ruling poses. Petitioners are seeking to have the entire Fifth Circuit Court of Appeals (rather than just a 3-judge panel) consider this issue.
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Alternative Options: N/A
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Anticipated Court Date: 3/19/2026
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Emergency/Disaster Recovery Note: Not an emergency, disaster, or ARPA related item
Contact(s) name, title, department: Neal Sarkar, First Assistant County Attorney
Attachments (if applicable):