PHOENIX – The American Civil Liberties Union (ACLU) and the ACLU of Arizona today filed a notice voluntarily dismissing Florence Project v. Mayes, a lawsuit filed on behalf of the Florence Immigrant & Refugee Rights Project challenging Section 5 of Proposition (Prop.) 314. While the organizations are actively monitoring enforcement of Section 5 of Prop. 314, to date there is no indication that any law enforcement agency or prosecutor in Arizona is enforcing Section 5.
The organizations that brought the lawsuit maintain that Section 5, which creates a state-enforced immigration system, is blatantly unconstitutional. The voluntary dismissal was filed without prejudice, meaning that a lawsuit can be brought again in the future.
“The voluntary dismissal of this case does not change that Section 5 of Proposition 314 is unconstitutional. Immigration enforcement falls under federal authority and is not a state responsibility,” said Tara DeGeorge, legal director for the ACLU of Arizona. “We will continue to monitor for racial profiling, unlawful detentions, and deportations that violate people’s rights and continue educating the public about the law and its impact on Arizona communities.”
Every court to reach the merits of laws establishing a state immigration scheme has found that they violate the Supremacy Clause of the U.S. Constitution. This includes Prop. 314’s predecessor, SB 1070, which was ruled by the Supreme Court to unconstitutionally reallocate federal immigration power to the state of Arizona.
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