University of Michigan Law School
The Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Valle Del Sol Inc. v. Goddard IM-AZ-0011
Docket / Court 2:07-cv-02518-SMM ( D. Ariz. )
State/Territory Arizona
Case Type(s) Immigration
Attorney Organization MALDEF
Case Summary
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 ... read more >
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


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Constitutional Clause
Federalism
Immigration
Constitutional rights
Criminal prosecution
Employer sanctions
Employment
Undocumented immigrants - state and local regulation
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Defendant(s) Arizona Attorney General
Arizona Department of Revenue
Maricopa County Attorney
Plaintiff Description Valle del Sol, Inc., is an Arizona non-profit corporation that advocates social issues in the Latino community. Phoenix, Maricopa County, Arizon
Indexed Lawyer Organizations MALDEF
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief
Form of Settlement
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Case Listing IM-AZ-0004 : Arizona Contractors Assoc., Inc. v. Napolitano (D. Ariz.)
IM-AZ-0010 : Arizona Contractors Ass'n v. Candelaria (D. Ariz.)
IM-AZ-0013 : Chamber of Commerce of the United States v. Whiting (D. Ariz.)
Additional Resources
click to show/hide detail
Case Studies Threats to the Future of the Immigration Class Action
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
2:07-cv-02518-NVW (D. Ariz.) 12/18/2007
IM-AZ-0011-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 12/12/2007
IM-AZ-0011-0001 PDF | Detail
Findings of Fact, Conclusions of Law, and Order 02/07/2008 (D. Ariz.)
IM-AZ-0011-0002 PDF | Detail
Supreme Court Opinion 05/26/2011 (131 S.Ct. 1968)
IM-AZ-0011-0003 PDF | WESTLAW | Detail
Document Source: Supreme Court website
Judges Breyer, Stephen Gerald (First Circuit, Supreme Court)
IM-AZ-0011-0003
Roberts, John Glover Jr. (D.C. Circuit, Supreme Court)
IM-AZ-0011-0003
Sotomayor, Sonia (S.D.N.Y., Second Circuit, Second Circuit)
IM-AZ-0011-0003
Wake, Neil Vincent (D. Ariz.)
IM-AZ-0011-0002 | IM-AZ-0011-9000
Monitors/Masters None on record
Plaintiff's Lawyers Berzon, Stephen P. (California)
IM-AZ-0011-0001 | IM-AZ-0011-9000
Campbell, Kristina Michelle (California)
IM-AZ-0011-0001 | IM-AZ-0011-9000
Chang, Jennifer (California)
IM-AZ-0011-0001 | IM-AZ-0011-9000
Guizar, Monica T. (California)
IM-AZ-0011-0001 | IM-AZ-0011-9000
Guttentag, Lucas (California)
IM-AZ-0011-0001 | IM-AZ-0011-9000
Jadwat, Omar C. (New York)
IM-AZ-0011-0001 | IM-AZ-0011-9000
Joaquin, Linton (California)
IM-AZ-0011-0001 | IM-AZ-0011-9000
Pochoda, Daniel Joseph (Arizona)
IM-AZ-0011-0001 | IM-AZ-0011-9000
Smullin, Rebecca (California)
IM-AZ-0011-0001 | IM-AZ-0011-9000
Tumlin, Karen C. (California)
IM-AZ-0011-0001 | IM-AZ-0011-9000
Valenzuela, Cynthia Ann (California)
IM-AZ-0011-0001 | IM-AZ-0011-9000
Weissglass, Jonathan (California)
IM-AZ-0011-0001 | IM-AZ-0011-9000
Defendant's Lawyers None on record
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -