On April 29, 2010, two nonprofit organizations as well as U.S. citizens and lawful permanent residents brought a class action in the District Court for the District of Arizona against the state of Arizona challenging SB1070, a set of state statutes intended to "discourage and deter the unlawful entry and presence of aliens and economic activity by persons unlawfully present in the United States." Several lawsuits were filed around this time challenging the Arizona law, including Friendly House v. Whiting and League of United Latin American Citizens v. Arizona.

In their amended complaint, plaintiffs asserted six causes of action on behalf of themselves and all similarly situated individuals: (Counts 1 and 5) violations of substantive Due Process under the Fourteenth Amendment; (Counts 2 and 4) violations of the Supremacy Clause; (Count 3) violation of the First Amendment; and (Count 6) violation of procedural Due Process under the Fourteenth Amendment. Plaintiffs, represented by private attorneys, sought declaratory and injunctive relief. They also sought class certification for "all persons who currently reside in Arizona and find themselves to be negatively affected by the proposed unconstitutional law."

On December 10, 2010, the court (Judge Susan R. Bolton) granted defendants' motion to dismiss, holding that plaintiffs lacked standing to bring the claims. The court also found that Arizona had not waived sovereign immunity and therefore could not be a defendant in the litigation. The court denied plaintiffs' motion for leave to file an amended complaint. The case was closed on January 7, 2011.

Jennifer Bronson - 11/18/2013


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