Two Lawsuits Challenge Arizona Immigration Law

Two lawsuits were filed on April 29, 2010 to challenge Arizona’s new law which requires police officers to demand proof of legal residence in the United States from any person with whom they have made “any lawful contact” and about whom they have “reasonable suspicion” that “the person is an alien who is unlawfully present in the United States.”   The Arizona law, which is set to go into effect in August, makes it a state crime to be in the United States illegally, stating that “A person is guilty of trespassing” by being “present in any public or private land in this state” while lacking authorization to be in the United States.

Tucson Police Officer Martin Escobar filed a lawsuit in U.S. District Court in Tucson, alleging that police officers cannot confirm people’s immigration status without impeding investigations.  The National Coalition of Latino Clergy and Christian Leaders filed a separate suit in federal court in Phoenix in which they seek an injunction preventing authorities from enforcing the law.  The group argues that federal law pre-empts state regulation of national borders and that the law violates due process rights by letting police hold suspected unauthorized immigrants before they are convicted. 

U.S. Attorney General Eric Holder has said that the federal government may challenge the law.  Other Hispanic and civil rights groups may also do so including the American Civil Liberties Union and the Mexican American Legal Defense and Educational Fund.  Three of Arizona’s largest cities – Phoenix, Flagstaff and Tucson – are also considering filing suits to challenge the law.