Arizona Update

The Department of Justice has not yet announced whether it will file a law suit against the State of Arizona to SB 1070 from taking effect.  Meanwhile, a number of other lawsuits have been filed challenging the law.  Friendly House v. Whiting, filed by the American Civil Liberties Union, the Mexican American Legal Defense and Educational Fund, and the National Immigration Law Center on May 17 on behalf of several organizations and individuals, is a class action lawsuit alleging that SB 1070 is a usurpation of federal authority to enforce immigration laws.  On April 29, another class action lawsuit was filed by the National Coalition of Latino Clergy and Christian Leaders.  More information on these and other lawsuits, including links to the complaints, can be found on the Web site of the Legal Action Center of the American Immigration Council.

Meanwhile, the number of local jurisdictions that have passed resolutions, launched boycotts, or taken some other action to oppose the Arizona law is growing.  You can find a link to that list on this page of the Web site of Reform Immigration FOR America.

Administration weighs in against AZ worker verification law: In related news, a legal challenge to the Legal Arizona Workers Act, passed in 2007, has been making its way through the courts.  The law requires all employers operating in Arizona to verify the work authorization of their workers using the federal government’s E-Verify electronic work verification system or face penalties.  In Chamber of Commerce v. Candelaria, Arizona businesses challenged the law, and last year the 9th Circuit Court of Appeals upheld the Arizona law.  Plaintiffs are seeking review before the Supreme Court, and the Court asked the Administration for its views.  Last month, the Acting Solicitor General submitted a brief to the Court, in which the Administration argues that the Arizona law is pre-empted by federal law, and that the Court should hear the case.

The Administration’s position in this case may be an indication that the Administration will soon intervene in the most recent Arizona anti-immigrant law.  

If the Supreme Court decides to take up the case, it will do so in the next term, starting in October.

President sends National Guard to border: The President announced on May 25th that he would send up to 1,200 National Guard troops to the border.  In this, the administration appeared to be bending to political pressure rather than reacting to facts on the ground.  According to recent statistics and press reports (documented here), crime is down in Arizona and law enforcement in border communities say the border is more secure now that it has ever been.   At the time the President made his announcement, Senators McCain and Kyl were trying to tack on an amendment to a spending bill (see above) to send 6,000 National Guard troops to the border.

The Forum’s reaction to this development can be read here, and a release from America’s Voice about this can be read here.