By Staff Reporter |
The American Civil Liberties Union (ACLU) has ended its lawsuit about a month after it filed to challenge the constitutionality of Proposition 314 — at least, for the time being.
The ACLU filed a notice of voluntary dismissal with the Arizona District Court on Wednesday. It made that filing a day after the preliminary injunction hearing was initially scheduled to occur, but which had been vacated the Friday prior.
Prop 314, passed by Arizona voters in 2024, gave law enforcement the authority to enforce federal immigration laws. An ACLU attorney representing Florence Immigrant & Refugee Rights Project (Florence Project), the plaintiff challenging the proposition, says their team can find no evidence of law enforcement exercising this new authority.
Prop 314 made illegal immigration a state crime. That means state and local police may arrest illegal aliens and state judges may order deportations of illegal aliens. The proposition also required immigration verification for financial aid and public welfare, and made it a Class 6 felony to submit false information or documents for purposes of employment or public benefits.
The proposition went into effect in mid-July.
ACLU attorney John Mitchell said their team would wait for evidence that law enforcement or state judges had acted upon Prop 314 before relaunching their challenge.
“The trajectory of this litigation has always depended on when and how the state chooses to enforce Section 5,” said ACLU attorney John Mitchell. “In the first month that Section 5 has become fully enforceable, we’ve just seen none. So, from a litigation standpoint, it means our best strategy is to hold off until we get evidence of that enforcement.”
Mitchell’s take appeared to be the ACLU heeding arguments made by Attorney General Kris Mayes, who was named as a defendant in the lawsuit. Mayes’ team warned in a filed response that the lawsuit was premature since no law enforcement or courts had exercised Prop 314 authority.
“Because Section 5 has barely gone into effect, Florence Project has not shown and likely cannot show that anyone has been subject to arrest, detention, or prosecution for violating the illegal entry provision,” stated the attorney general’s office. “Likewise, no one has been subject to an order to depart the country under [the law], because such orders are tied to a charge or conviction for violating the illegal entry provision.”
The Florence Project, with the support of the ACLU and the ACLU of Arizona, filed its lawsuit in early July, claiming Prop 314 violated the Supremacy Clause of the Constitution. The organizations stated that only the federal government may regulate immigration.
“Immigration is a quintessentially federal authority. Congress has created a carefully calibrated immigration system, with detailed procedures that determine whether a person may remain in the United States, when to pursue criminal entry charges in the exercise of prosecutorial discretion, and what protections people receive to ensure that they do not face persecution or torture upon removal,” stated their complaint. “Congress placed all relevant authority in the hands of federal officials — in keeping with the federal government’s exclusive immigration powers and the sensitive foreign policy implications of these powers.”
The Arizona District Court denied the organization’s motion for a temporary restraining order about two weeks ago.
Living United For Change, another progressive group, lost their lawsuit challenging the constitutionality of Prop 314 last year.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
