This case is a reincarnation of a previously filed lawsuit styled Chicanos por la Causa, Inc. and Somos America v. Napolitano, which was consolidated with the lead case Arizona Contractors Assoc., Inc. v. Napolitano. [IM-AZ-0004]. In the original consolidated action, plaintiffs sued the Governor and Attorney General of Arizona, challenging the constitutionality of the recently-enacted Legal Arizona Workers Act (the “Act”). The Act required Arizona employers to verify the employment eligibility of each employee through a federal verification program and established sanctions against Arizona employers that employed aliens who are not authorized to work. Federal District Court Judge Wake dismissed the original consolidated suit on December 7, 2007 for lack of subject matter jurisdiction, finding that there was no justiciable case or controversy against the Governor or Attorney General, as they did not have the power to enforce the challenged Act. The Court noted that only county attorneys had that power.

See IM-AZ-0010 for further information on both cases after consolidation.

In this suit, which was filed on December 12, 2007, plaintiffs named as defendants the Maricopa County Attorney, the Arizona Attorney General, and the Arizona Department of Revenue as defendants. In all other respects, the claims were the same as those in the previously filed suit. Arizona Contractors Assoc., Inc. also refiled their lawsuit, which was styled Arizona Contractors Association, Inc., et al v. Candelaria, 2:07-cv-02496-NVW. [IM-AZ-0010].

The District Court (Judge Neil V. Wake) consolidated the cases on December 14, 2007 and again designated the Arizona Contractors Association, Inc. suit as the lead case.

On May 26, 2011, the U.S. Supreme Court affirmed the lower courts, holding that the Act fell within ICRA's savings clause and thus was not expressly preempted by federal law. See related cases for more information.

Elizabeth Daligga - 06/25/2012


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