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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 and/or the Border
Attorney Organization ACLU Immigrants' Rights Project
MALDEF
National Immigration Law Center
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


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Issues and Causes of Action
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Issues
Constitutional Clause
Federalism (including 10th Amendment)
Immigration/Border
Constitutional rights
Criminal prosecution
Employer sanctions
Employment
Undocumented immigrants - state and local regulation
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. ยง 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 ACLU Immigrants' Rights Project
MALDEF
National Immigration Law Center
Class action status sought No
Class action status outcome Not sought
Filed Pro Se No
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None
Filed 2007
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.)
Court Docket(s)
D. Ariz.
02/07/2008
2:07-cv-02518-NVW
IM-AZ-0011-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
D. Ariz.
12/12/2007
Complaint
IM-AZ-0011-0001.pdf | Detail
D. Ariz.
02/07/2008
Findings of Fact, Conclusions of Law, and Order
IM-AZ-0011-0002.pdf | Detail
U.S. Supreme Court
05/26/2011
Supreme Court Opinion (131 S.Ct. 1968)
IM-AZ-0011-0003.pdf | WESTLAW | Detail
Source: Supreme Court website
show all people docs
Judges Breyer, Stephen Gerald (First Circuit, SCOTUS) show/hide docs
IM-AZ-0011-0003
Roberts, John Glover Jr. (D.C. Circuit, SCOTUS) show/hide docs
IM-AZ-0011-0003
Sotomayor, Sonia (S.D.N.Y., Second Circuit, SCOTUS) show/hide docs
IM-AZ-0011-0003
Wake, Neil Vincent (D. Ariz.) show/hide docs
IM-AZ-0011-0002 | IM-AZ-0011-9000
Plaintiff's Lawyers Berzon, Stephen P. (California) show/hide docs
IM-AZ-0011-0001 | IM-AZ-0011-9000
Campbell, Kristina Michelle (California) show/hide docs
IM-AZ-0011-0001 | IM-AZ-0011-9000
Chang, Jennifer (California) show/hide docs
IM-AZ-0011-0001 | IM-AZ-0011-9000
Dixon, Cynthia Valenzuela (California) show/hide docs
IM-AZ-0011-9000
Guizar, Monica T. (California) show/hide docs
IM-AZ-0011-0001 | IM-AZ-0011-9000
Guttentag, Lucas (California) show/hide docs
IM-AZ-0011-0001 | IM-AZ-0011-9000
Jadwat, Omar C. (New York) show/hide docs
IM-AZ-0011-0001 | IM-AZ-0011-9000
Joaquin, Linton (California) show/hide docs
IM-AZ-0011-0001 | IM-AZ-0011-9000
Newell, Jennifer Chang (California) show/hide docs
IM-AZ-0011-9000
Pochoda, Daniel Joseph (Arizona) show/hide docs
IM-AZ-0011-0001 | IM-AZ-0011-9000
Smullin, Rebecca (California) show/hide docs
IM-AZ-0011-0001 | IM-AZ-0011-9000
Tumlin, Karen C. (California) show/hide docs
IM-AZ-0011-0001 | IM-AZ-0011-9000
Valenzuela, Cynthia Ann (California) show/hide docs
IM-AZ-0011-0001 | IM-AZ-0011-9000
Weissglass, Jonathan (California) show/hide docs
IM-AZ-0011-0001 | IM-AZ-0011-9000

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