American Civil Liberties and Other Civil Rights Groups File Class Action Lawsuit In Arizona Alleging That Arizona Immigration Law, Senate Bill SB 1070, Is Unconstitutional And Will Lead To Widespread Racial Profiling.
A class action lawsuit was filed in the United States District Court for the District of Arizona on May 17, 2010 against various County attorneys in Arizona and against various County sheriffs in Arizona, in their official capacities (styled Friendly House, et. al., v. Michael B. Whiting, et al., Case No. 2:10-cv-01061-MEA) alleging that a new Arizona law, Senate Bill SB 1070 that creates new state-law criminal offenses relating to immigration and imposes sweeping requirements on state and local law enforcement officers to investigate alleged immigration violations and to arrest and detain persons suspected of immigration violations, unlawfully interferes with federal power and authority over immigration matters in violation of the Supremacy Clause of the U.S. Constitution, invites racial profiling against people of color by law enforcement in violation of the equal protection guarantee and prohibition on unreasonable seizures under the 14th and Fourth Amendments, and infringes on the free speech rights of persons in Arizona, according to a class action lawsuit news report.
The Arizona immigration law class action lawsuit was filed on behalf of individual named plaintiffs potentially subject to harassment or arrest under the Arizona immigration law and a putative class of all other persons similarly situated, as well as labor, domestic violence, day laborer, human services and social justice organizations, including:
- Friendly House
- Service Employees International Union (SEIU)
- SEIU Local 5
- United Food and Commercial Workers International (UFCW)
- Arizona South Asians for Safe Families (ASAFSF)
- Southside Presbyterian Church
- Arizona Hispanic Chamber of Commerce
- Asian Chamber of Commerce of Arizona
- Border Action Network
- Tonatierra Community Development Institute
- Muslim American Society
- Japanese American Citizens League
- Valle del Sol, Inc.
- Coalicíon De Derechos Humanos; and
Organizations involved in the Arizona immigration law class action lawsuit reportedly include the American Civil Liberties Union (ACLU), MALDEF, National Immigration Law Center (NILC), the National Association for the Advancement of Colored People (NAACP), ACLU of Arizona, National Day Laborer Organizing Network (NDLON) and the Asian Pacific American Legal Center (APALC).
The Arizona immigration class action lawsuit complaint reportedly alleges, for its cause of action, eight counts, including: violations of 42 U.S.C. § 1983 on the basis of Supremacy Clause (Count I), Equal Protection (Count II), First Amendment (Count III), Fourth Amendment (Count IV), Due Process (Count VI), Privileges and Immunities and Right to Travel (Count VII), violation of 42 U.S.C. 1981 (Count VIII) and violations of Article II, § 8 of the Arizona Constitution (Count V).
The Arizona immigration class action complaint reportedly seeks, among other things, a court order declaring that Senate Bill SB 1070 is unconstitutional and to enjoin Defendants from enforcing the new immigration law. For more information on the Arizona immigration law (Senate Bill SB 1070) class action lawsuit, read the Arizona immigration law class action complaint.
Download and read the Arizona immigration law: Senate Bill SB 1070.
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