University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name United States v. Utah IM-UT-0003
Docket / Court 2:11-cv-01072-SA ( D. Utah )
State/Territory Utah
Case Type(s) Immigration
Case Summary
The Department of Justice filed this suit against the State of Utah on November 22, 2011, in the U.S. District Court for the District of Utah, Central Division, challenging Utah's recently passed immigration bill, HB 497. It claimed that Sections 3, 10 and 11 of the law were preempted under the ... read more >
The Department of Justice filed this suit against the State of Utah on November 22, 2011, in the U.S. District Court for the District of Utah, Central Division, challenging Utah's recently passed immigration bill, HB 497. It claimed that Sections 3, 10 and 11 of the law were preempted under the Supremacy Clause as an intrusion into the exclusively federal sphere of immigration, and preempted specifically by the Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq., and sought declaratory and injunctive relief.

This case was immediately consolidated with a challenge brought earlier in the month by private plaintiffs, Utah Coalition of La Raza v. Herbert [IM-UT-0002]. See the entry on that case for all subsequent developments.

Christopher Schad - 06/21/2012


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Issues and Causes of Action
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Issues
Constitutional Clause
Federalism
Defendant-type
Jurisdiction-wide
Immigration
Undocumented immigrants - state and local regulation
Plaintiff Type
U.S. Dept of Justice plaintiff
Causes of Action Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
All Writs Act, 28 U.S.C. § 1651
Defendant(s) The State of Utah
Plaintiff Description the United States
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 2011 - n/a
Case Closing Year n/a
Case Ongoing Yes
Case Listing IM-UT-0002 : Utah Coalition of La Raza v. Herbert (D. Utah)
Additional Resources
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Case Studies Threats to the Future of the Immigration Class Action
Washington University Journal of Law and Policy
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
2:11-cv-01072-CW (D. Utah) 11/28/2011
IM-UT-0003-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 11/22/2011
IM-UT-0003-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Consolidating the Case with Utah Coalition of La Raza v. Herbert] 11/28/2011 (D. Utah)
IM-UT-0003-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Waddoups, Clark (D. Utah)
IM-UT-0003-0002 | IM-UT-0003-9000
Monitors/Masters None on record
Plaintiff's Lawyers Barlow, David B. (Utah)
IM-UT-0003-0001
Chilakamarri, Varu (District of Columbia)
IM-UT-0003-0001 | IM-UT-0003-9000
Goldberg, Arthur Robert (District of Columbia)
IM-UT-0003-0001 | IM-UT-0003-9000
Price, Daniel D. (Utah)
IM-UT-0003-0001 | IM-UT-0003-9000
West, Tony (District of Columbia)
IM-UT-0003-0001
Wilkenfeld, Joshua (District of Columbia)
IM-UT-0003-0001 | IM-UT-0003-9000
Defendant's Lawyers None on record
Other Lawyers None on record

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