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Case Name Arizona Contractors Assoc., Inc. v. Napolitano IM-AZ-0004
Docket / Court 2:07-cv-01355-NVW ( 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 consolidated action, consisting of two separately filed cases, that challenge the constitutionality of the recently-enacted Legal Arizona Workers Act (the "Act"). The Act requires Arizona employers to verify the employment eligibility of each employee through a federal verification ... read more >
This case is a consolidated action, consisting of two separately filed cases, that challenge the constitutionality of the recently-enacted Legal Arizona Workers Act (the "Act"). The Act requires 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.

The first case was filed on July 13, 2007 pursuant to 42 U.S.C. § 1983 in the U.S. District Court for Arizona by a consortium of Arizona construction and business associations and advocacy groups. It was styled Arizona Contractors Association, Inc. v Napolitano, CV07-1355- PHX-NVW. The second case was filed on September 4, 2007 by the Mexican American Legal Defense and Educational Fund, the National Immigration Law Center, the ACLU Foundation Immigrants Rights Project and the Arizona ACLU. That case was styled Chicanos Por La Causa, Inc. v. Napolitano, CV07-1684-PHX-MHB.

The District Court (Judge Neil V. Wake) consolidated the cases on September 14, 2007.

Plaintiffs in the consolidated action alleged that the Act violated the Supremacy Clause of the U. S. Constitution, as it was preempted by federal immigration law and the federal government's exclusive authority to regulate immigration. Plaintiffs also asserted that the Act violated the due process rights of employers and workers. The Arizona Contractors plaintiffs also asserted violations of the Commerce Clause, the Fourth Amendment and the Arizona state constitution. Prior to consolidation, plaintiffs had requested a preliminary injunction in each case. Defendants moved to dismiss the cases.

On December 7, 2007, the District Court (Judge Neil V. Wake) dismissed the consolidated cases for lack of subject matter jurisdiction, finding that there was no justiciable case or controversy against the named defendants, as they did not have the power to enforce the challenged Act. The Court noted that only county attorneys had that power. Plaintiffs appealed the judgment of dismissal and sought an injunction pending appeal.

In the wake of the dismissal, the consolidated plaintiffs filed two new lawsuits, naming the county attorneys as defendants. Those cases appear at IM-AZ-10 and IM-AZ-11 of this collection.

On December 21, 2007 the Court denied plaintiffs' motion for an injunction pending appeal. On September 17, 2008, the U.S. Court of Appeals for the Ninth Circuit affirmed the district court's judgment.

On May 26, 2011, the U.S. Supreme Court affirmed the lower court ruling and upheld the Arizona law. The case was renamed Chamber of Commerce of the United States v. Whiting in the Supreme Court.

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. § 1983
Defendant(s) Arizona Attorney General
State of Arizona
Plaintiff Description Consortium of Arizona construction and business associations and immigration advocacy groups.
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 No
Case Listing IM-AZ-0010 : Arizona Contractors Ass'n v. Candelaria (D. Ariz.)
IM-AZ-0011 : Valle Del Sol Inc. v. Goddard (D. Ariz.)
IM-AZ-0013 : Chamber of Commerce of the United States v. Whiting (D. Ariz.)
Court Docket(s)
D. Ariz.
09/21/2007
2:07-cv-01684-NVW
IM-AZ-0004-9001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
D. Ariz.
07/13/2007
Complaint
IM-AZ-0004-0001.pdf | Detail
D. Ariz.
08/29/2007
Second Amended Complaint
IM-AZ-0004-0003.pdf | Detail
U.S. Court of Appeals
09/17/2008
Opinion [9th Circuit] (558 F.3d 856)
IM-AZ-0004-0005.pdf | WESTLAW| LEXIS | Detail
Source: U.S. Court of Appeals website
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Judges Schroeder, Mary Murphy (Ninth Circuit) show/hide docs
IM-AZ-0004-0005
Smith, Norman Court not on record show/hide docs
IM-AZ-0004-0005
Wake, Neil Vincent (D. Ariz.) show/hide docs
IM-AZ-0004-0005 | IM-AZ-0004-9001
Walker, John Mercer Jr. (S.D.N.Y., Second Circuit) show/hide docs
IM-AZ-0004-0005
Plaintiff's Lawyers Berzon, Stephen P. (California) show/hide docs
IM-AZ-0004-9001
Campbell, Kristina Michelle (California) show/hide docs
IM-AZ-0004-9001
Chang, Jennifer (California) show/hide docs
IM-AZ-0004-9001
Guizar, Monica T. (California) show/hide docs
IM-AZ-0004-9001
Guttentag, Lucas (California) show/hide docs
IM-AZ-0004-9001
Hincapie, Marielena (California) show/hide docs
IM-AZ-0004-9001
Jadwat, Omar C. (New York) show/hide docs
IM-AZ-0004-9001
Joaquin, Linton (California) show/hide docs
IM-AZ-0004-9001
Nunn-Gilman, Heidi (Arizona) show/hide docs
IM-AZ-0004-0003
Pace, Julie A. (Arizona) show/hide docs
IM-AZ-0004-0001 | IM-AZ-0004-0003
Pochoda, Daniel Joseph (Arizona) show/hide docs
IM-AZ-0004-9001
Selden, David A. (Arizona) show/hide docs
IM-AZ-0004-0001 | IM-AZ-0004-0003
Tumlin, Karen C. (California) show/hide docs
IM-AZ-0004-9001
Valenzuela, Cynthia Ann (California) show/hide docs
IM-AZ-0004-9001
Weissglass, Jonathan (California) show/hide docs
IM-AZ-0004-0005 | IM-AZ-0004-9001
Defendant's Lawyers Jurkowitz, Daniel S. (Arizona) show/hide docs
IM-AZ-0004-0005
King, Buckley (Arizona) show/hide docs
IM-AZ-0004-0005
Munns, Christopher Arthur (Arizona) show/hide docs
IM-AZ-0004-9001
O'Grady, Mary Ruth (Arizona) show/hide docs
IM-AZ-0004-0005 | IM-AZ-0004-9001

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