ACLU drops challenge to Arizona border law
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Border wall in Arizona. Photo: Jeremy Duda/Axios
A lawsuit seeking to halt Arizona's implementation of a voter-passed ballot measure that makes it a state crime to enter the country illegally has hit a wall, with the plaintiffs filing to voluntarily dismiss the case Wednesday.
Why it matters: The dismissal comes after the ACLU of Arizona and the Florence Immigrant and Refugee Rights Project were denied a temporary restraining order to stop the 2024 law, known as Proposition 314, from being enforced.
- However, ACLU of Arizona legal director Tara DeGeorge tells Axios that the organization is prepared to refile the suit whenever there's evidence an arrest has been made under Prop. 314.
What they're saying: "We are going to be just aggressively monitoring whether or not enforcement is taking place," DeGeorge says, "and then if we have evidence of enforcement, we will move swiftly to make sure that the community is protected from this unconstitutional law."
Catch up quick: Also known as the "Secure the Border Act," Prop. 314 passed with nearly 63% support, riding the same wave of concern about immigration that swept President Trump back into office.
- Its implementation was delayed until federal courts ruled on a similar Texas law, which the Arizona measure was modeled on.
- The 5th U.S. Circuit Court of Appeals tossed a challenge to the Texas law in April, clearing the way for Arizona to enforce Prop. 314.
- Last month, the ACLU and the Florence Project sued, arguing that the law's immigration enforcement provisions conflict with federal law.
State of play: The legal fight has not gone well for the ACLU.
- On July 27, a federal judge denied a temporary restraining order that would have halted enforcement of the new law, which went into effect last month.
- In his ruling, the judge said that the plaintiffs didn't have legal standing to challenge the law and that there was not yet evidence that anyone had been arrested as a result of it.
- A recent 9th Circuit Court of Appeals ruling also made it harder for organizations like the ACLU and the Florence Project to claim standing when challenging laws.
Zoom in: On social media, Republican Arizona Senate President Warren Petersen — who intervened in the suit alongside Arizona House Speaker Steve Montenegro — celebrated the dismissal as a "huge victory for Arizona voters and for border security!"
- Arizona Attorney General Kris Mayes, who is defending the law despite having opposed it in 2024, declined to comment.
What we're watching: The suit was dismissed without prejudice, meaning the plaintiffs can refile it in the future, which DeGeorge promises will happen if any arrests are made.