Skip to content
A Member of the Law Professor Blogs Network

Challenge to Arizona Employer Sanctions Law Dismissed (Without Prejudice)

Last summer, after comprehensive immigration reform failed in Congress, Arizona passed its own employer sanctions law. A federal judge late yesterday tossed out the lawsuit challenging Arizona’s employer-sanctions law, setting the stage for a quick second round of legal action before Jan. 1, when the law is set to take effect. U.S. District Judge Neil Wake ruled that the business and Latino groups incorrectly sued the governor and the state attorney general but instead should have brought their complaint against the 15 county attorneys charged with enforcing the law. The judge also suggested that the lawsuit was premature because there is no evidence anyone has been harmed.

Expect a quick appeal with the Ninth Circuit!  And, since the case was dismissed without prejudice, it can always be refiled with an amended complaint.

For a news story on the dismissal, click here.

For a copy of the order, Download 84_findings_of_fact_conclusion_of_law_and_order.pdf

KJ