State and Local Law Enforcement

An increasing number of states and local communities are passing laws targeting non-citizens. Below are legal challenge to some of the state and local laws.

Developments By State|Additional Resources

Contact Us! Please contact the Clearinghouse at clearinghouse@immcouncil.org with any new cases or information relevant to the cases summarized below.

Developments By State

Arizona

For information on the legal challenges to Arizona state law SB 1070, please see the LAC’s Litigation Issue Page Arizona SB 1070, Legal Challenges and Economic Realities.

Class Action Challenges Local Arizona Law Requiring Pretrial Detention
Lopez-Valenzuela v. Maricopa County, No. 08-660 (D. Ariz filed Apr. 4, 2008)

On April 4, 2008, plaintiffs and proposed class members brought suit against Maricopa County and county officials, challenging the constitutionality of an amendment to the Arizona state constitution known as Proposition 100. In 2006, Proposition 100 amended the bail provision of the Arizona Constitution to provide that state courts shall not set bail “[f]or felony offenses as prescribed by the legislature if the person charged has entered or remained in the United States illegally and if the proof is evident or the presumption great as to the present charge.” After the passage of Proposition 100, the Arizona state legislature 1) amended the state bail statute to broaden the definition of “serious felony offense” to include a large number of offenses, including non-violent offenses, and 2) lowered the standard of proof required to find that a defendant “has entered or remained in the United States illegally” to a probable cause standard.

The complaint alleges that the Proposition 100 laws and defendants’ policies, practices and procedures implementing these laws violate plaintiffs’ substantive and procedural due process rights. Plaintiffs also allege that Proposition 100 laws violate plaintiffs’ 1) Fifth Amendment right against self-incrimination 2) Sixth Amendment right to counsel; and 3) Eighth Amendment right to be free from excessive bail. Further, the complaint alleges the laws violate the Supremacy Clause. Plaintiffs request injunctive and declaratory relief, attorneys’ fees and class certification.

On April 30, 2008, Judge Mundell, a defendant in the action, filed a motion to dismiss the complaint against her. On May 14, Maricopa County and other individual named defendants filed a motion to dismiss. Plaintiffs filed their reply to the motion on June 13, 2008. On December 9, 2008, the motion to dismiss was granted in part and denied in part. Named defendants were not dismissed from the action; however the court held the plaintiffs had not alleged sufficient facts to support their claim of federal preemption. The December 9 order also granted plaintiffs’ request for class certification.

On December 22 and 23, 2008, respectively, defendants Maricopa County and Mundell filed separate answers to the complaint. On August 14, 2009, pursuant to parties’ stipulation, the claim against Judge Mundell was dismissed. Discovery is underway against remaining defendants and is scheduled to be completed by March 15, 2010.

First Employer Sanctions Case Under LAWA Pending
State of Arizona v. Scottsdale Art Factory, No. 09-036359, (Ariz. Super. Nov. 18, 2009), removed to federal court, No. 09-02576 (9th Cir. Dec. 9, 2009)

On November 18, 2009, the Maricopa County Attorney in Arizona filed the first case seeking employer sanctions after the Ninth Circuit upheld the Legal Arizona Workers Act (LAWA) in Arizona Contractors Assoc., Inc. v. Napolitano, 526 F. Supp. 2d 968 (D. Ariz. 2007), aff'd sub nom. Chicanos Por La Causa, Inc. v. Napolitano, 558 F.3d 856 (9th Cir. 2009), petition for cert. filed sub nom. Chamber of Commerce v. Candelaria, (July 24, 2009) (No. 09-115). The suit against Scottsdale Art Factory, L.L.C., alleges that the defendant violated A.R.S. §§ 23-212 and 212.01 when it knowingly hired an individual not authorized to work in the United States, subjecting it to liability that included employer sanctions. On December 9, 2009, the case was removed to the Ninth Circuit District Court for the District of Arizona.

The original complaint filed in state court on November 18, 2009 alleged that during an unrelated investigation into forgery and identity theft, the Maricopa County Sheriff’s Office encountered an employee of the defendant who law enforcement personnel later determined was “residing in the United States illegally.” The complaint requests that the court find that the defendant violated A.R.S. §23-212.01(A) pursuant to the provisions of A.R.S. §23-212.01(F)(1); enter an order that defendant terminate the employment of all unauthorized aliens; suspend defendant’s business license for no less than 10 days; and place the defendant on a five year probationary period requiring the filing of quarterly reports in keeping with A.R.S. §23-212.01(F)(1)(b).

On January 19, 2010, defendants filed a second amended answer to the complaint and a counterclaim against the Maricopa County Attorney. Defendants denied liability, and, in the counterclaim, alleged that the investigation and prosecution of defendants violated, inter alia, their Fourth Amendment right to be free from unreasonable searches and seizures, Due Process protections under the U.S. and Arizona Constitutions, and the Supremacy Clause. On January 19, 2010, the parties cross-motioned for partial summary judgment. Currently, the case is still pending and no hearing date has been set.

Defendant’s Second Amended Answer

Court Enjoins Cave Creek Anti-Solicitation Ordinance
Lopez v. Cave Creek, 559 F. Supp. 2d 1030 (D. Ariz. 2008)

Day laborers in Cave Creek, Arizona, successfully challenged an anti-solicitation city ordinance. The ordinance, allegedly aimed at day laborers, barred individuals standing on or next to a street or highway from soliciting employment, business or contributions from passing drivers and even individuals in parked cars. The plaintiffs alleged that the ordinance violated the First Amendment because it constitutes a content-based regulation of free speech by prohibiting specific methods of soliciting employment. The plaintiffs also asserted that the ordinance was aimed at illegal immigrants based on public statements made by town officials. The suit sought injunctive and declaratory relief.

On June 2, 2008, the district court found the anti-solicitation ordinance unconstitutional and issued a preliminary injunction. The court reasoned that solicitation is a form of speech, and because the measure is content-based in that it bars only certain types of speech, it is unconstitutional. In the alternative, the court found that the ordinance is unconstitutional because it is not narrowly tailored to fit the local government's purported interest in promoting traffic safety. In addition, the court found that plaintiffs demonstrated a probability of irreparable harm.

On August 8, 2008, the court issued a final order and approved the parties' stipulation for a permanent injunction. The court stated that plaintiffs are the prevailing party for purposes of attorney's fees.

Ninth Circuit Upholds State Law Barring Employment of Undocumented Immigrants; Supreme Court to Review Holding
Arizona Contractors Assoc., Inc. v. Napolitano, 526 F. Supp. 2d 968 (D. Ariz. 2007), aff'd sub nom. Chicanos Por La Causa, Inc. v. Napolitano, 558 F.3d 856 (9th Cir. 2009), cert. granted sub nom. Chamber of Commerce v. Candelaria, (June 24, 2010) (No. 09-115)

On September 17, 2008, the Ninth Circuit upheld an Arizona statute that prohibits employers from knowingly or intentionally employing an unauthorized immigrant. The Legal Arizona Workers Act requires employers to verify the employment eligibility of each employee through a federal verification program known as "E-Verify." Under this law, employers may have their business licenses suspended after a first violation, and permanently revoked after a second violation.

On appeal, the issue was whether federal law preempted the Arizona Act. The court of appeals agreed with the district court that the Legal Arizona Workers Act was not preempted by federal law. The federal law provision at issue, 8 U.S.C. § 1324a(h)(2), preempts state sanctions for hiring unauthorized immigrants "other than through licensing and similar laws." The court reasoned that because the Act was a "licensing" law within the meaning of 8 U.S.C. § 1324a(h)(2), it was not expressly preempted. The court held further that the provision of the law requiring employers to use E-Verify is not expressly or impliedly preempted by federal policy.

On July 24, 2009, plaintiffs filed a petition for certiorari with the Supreme Court. The Supreme Court invited the Solicitor General to file a brief in the case expressing the views of the United States. In the brief for the United States as amicus curiae, the Solicitor General asked the court to grant the writ of certiorari to consider whether provisions of the Immigration Reform and Control Act (IRCA), codified at 8 U.S.C. § 1324(h)(2), expressly preempt the provisions of the Arizona state law. According to the United States, the Arizona law is expressly pre-empted by federal immigration law and the case presents an important legal question that warrants the Supreme Court’s consideration.

On June 28, 2010, the Supreme Court granted the petition for certiorari to address three questions:

Whether an Arizona statute that imposes sanctions on employers who hire unauthorized aliens is invalid under a federal statute that expressly "preempt[s] any State or local law imposing civil or criminal sanctions (other than through licensing and similar laws) upon those who employ, or recruit or refer for a fee for employment, unauthorized aliens." 8 U.S.C. § 1324a(h)(2).
Whether the Arizona statute, which requires all employers to participate in a federal electronic employment verification system, is preempted by a federal law that specifically makes that system voluntary. 8 U.S.C. § 1324a note.
Whether the Arizona statute is impliedly preempted because it undermines the "comprehensive scheme" that Congress created to regulate the employment of aliens. Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137, 147 (2002).

California

Permanent Injunction Stops City of Escondido from Enforcing Ordinances
Garrett v. City of Escondido, 465 F.Supp.2d 1043 (S.D. Cal. 2006)

After a lawsuit was filed by landlords, tenants, and a human rights group, the City of Escondido agreed not to enforce an ordinance that targets landlords who rent to undocumented immigrants. Both parties asked the court to enter a final judgment and permanent injunction to prevent the defendant, City of Escondido, from enforcing the ordinance. The court permanently enjoined the city from enforcing the ordinance on December 12, 2006.

Georgia

Georgia Court Issues TRO Enjoining Enforcement of Local Ordinance and Stays Proceedings Pending Decisions in Hazleton and City of Valley Park, Mo.
Stewart v. Cherokee County, Ga., No. 07-0015 (N.D. Ga. 2007)

A group of Cherokee County residents challenged a local ordinance that created penalties for "harboring" undocumented immigrants. The ordinance defines "harboring" as renting or leasing to an undocumented immigrant knowingly or with reckless disregard of a person's immigration status. Plaintiffs have alleged that the ordinance violates the U.S. Constitution as well as federal and state law. On January 4, 2007, the court issued a temporary restraining order and a preliminary injunction enjoining Cherokee County from enforcing the ordinance. The court stayed proceedings until a final judgment has been issued and appeals have been pursued in Lozano v. City of Hazleton (Pennsylvania) and Reynolds v. City of Valley Park, Mo. (Missouri). On August 28, 2007, the court administratively closed the case.

The court's order granting a preliminary injunction is available on the ACLU's website.

Administrative Closure Order

Illinois

Court Holds Illinois Law Preempted by Federal E-Verify Program
United States v. Illinois, No. 07-3261, 2009 U.S. Dist. LEXIS 19533 (C.D. Ill. 2009)

A district court in Illinois held that a state law is preempted by the federal E-Verify program. The court struck down an amendment to the Illinois Right to Privacy Act that barred employers from enrolling in the E-Verify program until the program met certain standards set by the state. On a motion for summary judgment, the court held that the Illinois law violated the Supremacy Clause, reasoning that it frustrates Congress's intent of making the E-Verify program available to all employers in all states. The court stated that the state of Illinois cannot require the federal government to meet its more stringent standards.

Decision

Indiana

Immigrants Prevail Against Driver's License Ordinance
Villegas v. Silverman, 832 N.E.2d 598 (Ind. Ct. App. 2005), cert. denied sub nom. Miller v. Villegas, 130 S. Ct. 400 (2009)

A group of individuals brought a class action lawsuit against the Commissioner of the Indiana Bureau of Motor Vehicles (BMV) concerning identification requirements for obtaining drivers licenses and identification cards. The state law required individuals seeking a license or other documents from the BMV to present proof of identification that would confirm their lawful resident status. Plaintiffs challenged the law as unconstitutional and as violating the state Administrative Rules and Procedures Act (ARPA).

The trial court granted summary judgment to defendants, holding that plaintiffs lacked standing to challenge the statute. On September 30, 2008, the Indiana Court of Appeals reversed, holding that plaintiffs had standing to challenge the state law, and that the state law is void because the identification requirements constituted a “rule” and the law was not adopted in accordance with the ARPA.

Kentucky

Lawful Permanent Resident Successfully Challenges Kentucky Law Requiring U.S. Citizenship to Obtain Weapon License
Say v. Adams, No. 07-377, (W.D. Ky. 2008), opinion on att’ys fees 2009 U.S. Dist. LEXIS 23863 (W.D. Ky. 2009)

A lawful permanent resident of Kentucky successfully challenged a state statute that barred resident immigrants from obtaining licenses to carry a concealed deadly weapon. The statute required all applicants for a license to carry a concealed weapon to be U.S. citizens. The complaint alleged that this citizenship requirement violates the Equal Protection Clause. On March 13, 2008, the court granted plaintiff's motion for a preliminary injunction, finding that he was likely to succeed on the merits. On April 15, 2008, the defendant filed a motion to dismiss the action as moot because the state legislature had removed the citizenship requirement from the Kentucky statute.

On June 25, 2008, the court converted the previously preliminary injunction into a permanent injunction. On March, 24, 2009, the court also denied defendant's motion to dismiss as moot and awarded attorney's fees.

Louisiana

Louisiana Court Finds Statute Targeting Drivers Unconstitutional, Quashes Charges Against Arrestee
State of Louisiana v. Barrientos, No. 06-1726 (La. 24th Jud. Dist. Ct. Jefferson Parish 2007)

A Louisiana state court granted defendant's motion to quash in a criminal case involving a law barring certain noncitizens from driving. Barrientos was charged with violating a state statute that prohibits any "alien student" or "nonresident alien" from driving without proof that he or she is "lawfully present in the United States." The law called for the arresting officer to cancel the driver's license and to notify federal immigration officials of the name and the location of the person.

In a January 31, 2007, order, the court held that the statute unconstitutionally preempts federal law. Specifically, the court noted that the terms employed by the statute, "alien student" and "nonresident alien," are incompatible with federal law. Furthermore, the statute's identification requirements place an unlawful burden on noncitizens.

Barrientos Decision

Massachusetts

Challenge to Wrongful Denial of Driver's Licenses
Chen v. Collins, No. 06-5197 (Mass. Sup. Ct. filed Dec. 14, 2006)

A group of immigrants, who are lawful residents and legally authorized to work, brought a class action lawsuit against the Massachusetts Registry of Motor Vehicles. The complaint alleges that the Registry wrongfully denied licenses, learner's permits and identification cards to immigrants who are legally entitled to these documents. Since the litigation commenced, all of the plaintiffs were issued licenses. A summary judgment hearing is scheduled in April, 2010.

Complaint

Michigan

After Suit Filed, MI Enacts New Legislation on Driver's Licenses
Gates et al. v. Land, No. 08-186 (Mich. Cir. Ct., Ingham County 2008)

On Febraury 13, 2008, six Michigan residents filed suit against the Michigan Secretary of State challenging a new interpretation of the Michigan Vehicle Code to limit the issuance of driver’s licenses in Michigan to U.S. citizens and lawful permanent residents. The interpretation came after the Michigan Attorney General announced a new interpretation of the Code’s definition of the word “resident”. The complaint alleged that Michigan's interpretation of the Vehicle Code barred thousands of legal residents from obtaining licenses. The Code was subsequently amended to ensure that all legal residents are able to obtain driver's licenses and the case was administratively closed.

Complaint

Missouri

Court Grants Summary Judgment to City in Suit Challenging City Ordinance
Gray v. City of Valley Park, 567 F.3d 976 (8th Cir. 2009)

Following Reynolds v. City of Valley Park (see case description below), the city of Valley Park amended and reenacted ordinances requiring employers to investigate and determine the immigration status of its employees and punish employers suspected of hiring undocumented workers. The plaintiffs, a business and a business owner, brought suit to challenge one such ordinance - ordinance 1722. The complaint alleged that the ordinance conflicts with, violates, and is preempted by IRCA; violates the due process and equal protection clauses of the Fourteenth Amendment; is precluded by Reynolds; and violates Missouri state law.

On January 31, 2008, the court granted summary judgment in favor of the defendants finding that (1) there was no issue preclusion arising from the state court's earlier decision regarding ordinances 1708 and 1715 because ordinance 1722 was not identical to these previously enjoined ordinances; (2) federal law did not preempt ordinance 1722; (3) appellants lacked standing to pursue an equal protection claim; (4) ordinance 1722 did not violate the Due Process Clause; and (5) ordinance 1722 did not violate Missouri law.

Plaintiffs appealed the decision to the Eighth Circuit Court of Appeals. They argued that the court of appeals should remand the case to district court with instructions to vacate the January 31, 2008 decision and to remand the matter to state court based on lack of federal subject-matter jurisdiction. Plaintiffs argued that they believed they had standing to seek relief under the Missouri Declaratory Judgment Act in state court, but that there was no case or controversy sufficient to give rise to subject-matter jurisdiction under the Federal Declaratory Judgment Act. Specifically, plaintiffs stated that there was no justiciable case or controversy because there was no actual or imminent injury-in-fact, as the ordinance has not been enforced against the plaintiffs and there was no threat that the ordinance would be enforced against them.

In the alternative, plaintiffs argued that, under principles of issue-preclusion, the district court should have deferred to the decision of the Missouri state court that the same penalty provision that appeared in a previously enjoined state ordinance and in ordinance 1722 is invalid under state law. Plaintiffs argued that the district court misconstrued the question to be whether the two ordinances are identical rather than whether the penalty provisions in each ordinance are identical.

The court of appeals upheld the district court decision, finding that the district court properly exercised jurisdiction over the matter and that the penalty provision in ordinance 1722 was not invalid under state law.

Missouri Court Enjoins Enforcement of Ordinances Targeting Landlords and Business Owners
Reynolds v. City of Valley Park, Mo., 254 S.W.3d 264 (Mo. Ct. App. 2002)

A group of landlords and the Metropolitan St. Louis Equal Housing Opportunity Council brought suit in Missouri state court challenging a Valley Park city ordinance that bars businesses from "aid[ing] and abet[ting] illegal aliens or illegal immigration," as well as renting to undocumented immigrants. Businesses that violated the ordinance would be subject to fines and denied business permits and city contracts for five years. Plaintiffs argued that the ordinance was unconstitutional and violated federal and state law.

The court issued a temporary restraining order (TRO) to block enforcement of the ordinance. Hours later, the city council passed a second version of the ordinance, and the court issued a second TRO to stop enforcement of the second ordinance. On March 12, 2007, the court granted the plaintiff's motion for judgment on the pleadings, declared the ordinances void and permanently enjoined their enforcement.

The court's order granting the permanent injunction and other pleadings in this case are available on the ACLU's website.

New Jersey

Township Repeals Ordinance After Complaint Filing
Riverside Coalition of Business Persons v. Township of Riverside, No. 06-03842 (N.J. Super. Ct. 2006)

Landlords, immigrants and residents of Riverside Township, New Jersey are challenging an ordinance that prohibits property owners from renting, leasing, or allowing their property to be used by "illegal immigrants." Plaintiffs argue the ordinance is ultra vires to state law and violates property owners' substantive due process rights as well as other provisions of New Jersey law. On September 17, 2007, Riverside Township repealed the ordinance and the case was subsequently administratively closed.

ACLU Article, Complaint and Brief

New York

District Court Preliminarily Enjoins Oyster Bay Ordinance that Seeks to Prohibit Day Laborers from Soliciting Employment
Centro de la Comunidad Hispana de Locust Valley, et al. v. Town of Oyster Bay, et al., No. 10-02262 (E.D.N.Y. atended complaint filed June 1, 2010)

Plaintiffs Centro de la Comunidad Hispana de Locust Valley and the Workplace Project, organizations whose members include day laborers, brought a §1983 action against the Town of Oyster Bay, New York alleging that Chapter 205.32 of the Code of the Town of Oyster Bay (“the ordinance”) violates plaintiffs’ constitutional rights. The ordinance prohibits a person from stopping a passing car for employment purposes and prohibits particular methods of speech, including “waving arms, making hand signals, shouting . . . , jumping up and down, waving signs, . . . standing in the [street], or entering the [street]” when used by pedestrians to “solicit employment.”

The expressed legislative intent of the ordinance is to address traffic and pedestrian safety. However, plaintiffs allege that the ordinance was passed “to prevent a group of predominantly Latino, immigrant day laborers from soliciting work in Oyster Bay so as to drive them out of their communities and out of the sight of residents who wish they were not there.” Plaintiffs claim that the ordinance violates their First and Fourteenth Amendment rights. They as ask the court for declaratory and injunctive relief and attorney’s fees.

On June 1, 2010, the court issued an order granting a preliminary injunction enjoining enforcement of the ordinance pending final resolution of the merits of plaintiffs’ First Amendment claims.

District Court Declares New York Law Unconstitutional
Kirk v. New York State Dep't of Education, No. 08-cv-06016 (2d Cir. June 24, 2008)

A district court struck down a New York state regulation that restricted veterinarian licenses to U.S. citizens and LPRs. The plaintiff, a Canadian citizen, had been granted a temporary visa under NAFTA specifically to practice veterinary medicine. Under the state law, plaintiff does not qualify for a permanent veterinarian license, but the state granted him a waiver of the citizenship/LPR requirement so that he was able to work under a limited license until July 2008.

In his complaint, plaintiff alleged that New York's restriction violated the Equal Protection Clause and the Supremacy Clause. The court granted plaintiff's motion for summary judgment. It held that non-immigrants are a suspect class for purposes of the Equal Protection Clause and that the New York law fails to pass strict scrutiny. However, even under the less stringent rational basis test, the law still violates the Equal Protection Clause. The court also concluded that the law conflicts with NAFTA and therefore is invalid under the Supremacy Clause. See Kirk v. New York State Dep't of Education, 562 F. Supp. 2d 405 (W.D.N.Y. 2008).

On July 24, 2008, the state filed a notice of appeal to the Second Circuit. On August 14, 2009, the court of appeals granted the parties’ joint motion to dismiss the appeal as moot and to vacate the district court judgment. The court found the appeal was moot in light of the United States’ grant of permanent legal residency status to the plaintiff. The court also noted that defendants represented they will not seek to revoke plaintiffs’ permanent veterinary license because of the court action.

On January 9, 2009, the court of appeals found plaintiff was the “prevailing party” and awarded attorneys fees. On November 11, 2009, the court of appeals denied defendants’ motion to vacate the attorney fee award, finding that the plaintiff was the prevailing party as a result of obtaining judgment on the merits at the district court level, even though the judgment was later vacated as moot, due to events occurring outside of the action.

District Court Decision

Oklahoma

On November 1, 2007, Oklahoma implemented a law that created sweeping regulations in the area of immigration. Among its provisions, the statute (HB 1804) seeks to control employer verification of immigration status; criminalizes the transport, concealment, harboring or sheltering of any person who is in the state unlawfully; and authorizes some state entities to require proof of citizenship before extending their services to individuals. After the law went into effect, several Oklahoma residents filed lawsuits challenging the validity of the statute on various grounds. Below are the summaries of the challenges.

Partial Win for Oklahoma Businesses Challenging Employment Verification Law
Chamber of Commerce v. Edmonson, 594 F.3d 742 (10th Cir. 2010) aff’g in part and rev’g in part Chamber of Commerce v. Henry, No. 08-109 (W.D. Okla. 2008)

On February 2, 2010, the Tenth Circuit partially upheld and partially reversed a district court decision enjoining enforcement of an Oklahoma law regulating verification of employment eligibility. Various national, state and local chambers of commerce and trade associations that represent businesses in Oklahoma brought suit to challenge three provisions of the Oklahoma Taxpayer and Citizen Protection Act of 2007 (the “Act”). The plaintiffs alleged that Sections 7(B), 7(C), and 9 of the Act were expressly and impliedly preempted by federal law and thus unconstitutional under the Supremacy Clause. Section 7(B) requires businesses to use the Basic Pilot Program to verify the work authorization status of their employees or risk debarment from contracting with Oklahoma public employers (the Basic Pilot program, commonly referred to as E-Verify, is an internet-based system of employment authorization verification established pursuant to IIRIRA). Section 7(C) of the Act makes it a discriminatory practice for an employer to terminate an authorized worker while retaining an employee that the employer knows or reasonably should know is unauthorized to work. Section 9 requires contracting entities either to verify the work eligibility of their individual independent contractors or withhold certain taxes from those contractors.

The court first found that the case survived most jurisdictional challenges: 1) it held that the plaintiffs had associational standing to challenge the three provisions of the Act; and 2) that the Attorney General, under the Eleventh Amendment, was only immune from suit with respect to Sections 7(C) and 9. The court then upheld the district court’s grant of a preliminary injunction with respect to Sections 7(C) and 9, finding that plaintiffs are likely to succeed on the merits of their claims that Section 7(C) is expressly preempted and that Section 9 is impliedly preempted, and that that the remaining considerations favored issuance of a preliminary injunction. However, the panel reversed the grant of preliminary injunction against the enforcement of Section 7(B), the provision forcing businesses to participate in Basic Pilot, the voluntary federal employment verification program.

For more information about the Tenth Circuit decision, please see the U.S. Chamber of Commerce press release, http://www.uschamber.com/nclc/100203_pr.htm.

Challenge to Oklahoma Law Dismissed for Lack of Standing
National Coalition for Latino Clergy. v. Henry, No. 07-594 (N.D. Okla. 2007)

A district court dismissed a challenge to the Oklahoma immigration law brought by a religious association, churches, restaurants and unnamed plaintiffs. The plaintiffs alleged that the state law violates the Supremacy Clause, Due Process Clause and Equal Protection Clause of the U.S. Constitution, as well as provisions of the Oklahoma Constitution. The court stated that plaintiffs did not have standing to challenge the law and therefore dismissed the case. It reasoned that the National Coalition and its Oklahoma branch lacked standing to sue because neither they nor any of their members suffered or were threatened with an injury. The court ruled that other plaintiffs lacked standing because there was no causal link between the alleged injury and the challenged law, and others did not have standing because the alleged injuries were too speculative.

District Court Dismissal

National Coalition for Latino Clergy v. Henry, 07-613 (N.D. Okla. 2007)

A district court dismissed a second suit challenging the Oklahoma immigration law for lack of standing. This challenge was brought by some of the same plaintiffs as the case above, No. 07-0594. The court ruled that the restaurants and the churches did not have standing to sue because their claims were too speculative and lacked imminence. The religious organization did not have standing because there was not an individual member who was harmed by the law. As to the individual plaintiffs, the court dismissed their case because these plaintiffs lacked prudential standing. The court focused on the fact that the plaintiffs are "illegal aliens" and opined that "the proper remedy for the injuries alleged by the remaining plaintiffs - all of whom are in willing violation of federal immigration law - is not judicial intervention, rather, it is simple compliance with federal immigration law."

District Court Dismissal

Pennsylvania

Court Grants Permanent Injunction to Halt Ordinances Targeting Landlords, Businesses; Appeal Pending
Lozano v. City of Hazleton, 496 F. Supp. 2d 477 (M.D. Pa. 2007), appeal docketed, No. 07-3531 (3d Cir. argued Oct. 30, 2008)

A district court in Pennsylvania permanently enjoined the City of Hazleton from enforcing two ordinances that require tenants to prove U.S. citizenship or legal residency and target businesses that employ undocumented immigrants. The complaint, filed by local tenants and landlords, alleges that the ordinances violate the plaintiffs' due process and equal protection rights and infringe upon the federal government's authority in immigration matters. In addition, plaintiffs allege that the laws violate the Fair Housing Act, their contractual rights, and other state and federal laws.

In permanently enjoining the ordinances, the court held that the employment and housing provisions were preempted by and conflicted with federal law. The court also reasoned that the local laws violated plaintiffs' constitutional rights to due process and to contract.

The City of Hazleton appealed the district court's order to the Third Circuit Court of Appeals, and the court heard arguments on October 30, 2008.

Court Strikes Down Policy Requiring Proof of Lawful Presence for Marriage License
Buck v. Stankovic, No. 07-00717 (M.D. Pa. 2007)

A U.S. citizen and a citizen of Mexico filed suit against a Pennsylvania official for denying their application for a marriage license based on a policy that requires persons seeking to obtain a marriage license to prove their lawful presence in the United States. Plaintiffs allege that this policy is unconstitutional because it violates their right to marry, the Equal Protection Clause, and the Supremacy Clause. The plaintiffs moved for a TRO and/or preliminary injunction, and the court held a hearing on the motion on April 26, 2007. On May 1, 2007, the court granted the plaintiffs' TRO. It enjoined defendants from requiring the non-U.S. citizen plaintiff to produce a visa or other proof of his lawful presence in the United States as a condition of obtaining a marriage license. The court reasoned that both plaintiffs had a fundamental right to marry and that defendants' policy was not narrowly tailored to a sufficiently important state interest. Therefore, the court reasoned, the policy would likely be found unconstitutional.

In January 2008, the parties reached agreement on a consent order, which the court issued on February 11, 2008. According to the terms of the consent order, the defendant: no longer will require applicants for a marriage license to produce proof of lawful residence in the United States; will publicize this new policy; and will pay plaintiff $10,000 in damages. The court also ordered the defendant to pay attorney's fees.

Tennessee

Lawsuit Challenging Tennessee Department of Safety's Confiscation of Immigration Documents Voluntarily Dismissed
Bautista v. Tennessee Dep't of Safety, No. 08-01125 (M.D. Tenn. 2009)

Two lawful permanent residents filed a class action in district court in Tennessee after the state Department of Safety confiscated their green cards and held the documents for several months while they were obtaining or renewing their drivers' licenses. The complaint alleges that defendants took plaintiffs' immigration documents without reasonable suspicion that they were counterfeit and kept them beyond a reasonable time to check their validity. Plaintiffs assert that the confiscations are part of a continuing trend at the Tennessee Department of Safety and the conduct is motivated by discrimination based on national origin and race. The complaint also alleges that defendants failed to follow proper procedures for confiscating their documents. Defendants' conduct, plaintiffs allege, has caused them to suffer emotional distress; hindered their freedom of movement; and has caused them to incur legal fees. Plaintiffs have brought claims under the U.S. Constitution; Title VI of the Civil Rights Act of 1964; and the Tennessee state constitution. They seek declaratory, injunctive and monetary relief.

Defendants filed an answer and plaintiffs subsequently moved to amend the complaint. On March 26, 2009, the court dismissed and administratively closed the case after plaintiffs stipulated to a voluntary dismissal. Neither the court order nor the plaintiffs' stipulation explained why the parties decided to voluntarily dismiss their claims.

Texas

On November 13, 2006, the City of Farmers Branch passed ordinance 2892, the first of several ordinances attempting to regulate landlords who rent to immigrants and immigrant tenants. Before ordinance 2892 went into effect, a Farmer’s Branch business owner filed lawsuits challenging the validity of the ordinance on various grounds. In response, the city repealed the ordinances and notified the court. On January 22, 2007, the city passed ordinance 2903, a second iteration of the original ordinance with minor changes. Before the second ordinance went into effect, several landlords, tenants and business owners filed suit challenging the ordinances as unconstitutional. The three cases were consolidated and on May 28, 2008, the court permanently enjoined the city from enforcing the second ordinance. On January 22, 2008, while the litigation was still pending, the city passed ordinance 2952, a third version of the original ordinance. On September 12, 2008, the date the ordinance became effective, property owners and tenants again filed two suits challenging the ordinance as an impermissible regulation of immigration. On March 24, 2010, the court permanently enjoined the city from enforcing the ordinance. Below are the summaries of these challenges.

City Repeals Ordinance 2892 After Court Issues Temporary Restraining Order on City Ordinance
Ramos v. City of Farmers Branch, No. 06-12227 (Tex. Dist. Ct. 2006)

A real estate agent brought suit in the District Court of Dallas County challenging the enforcement of two ordinances that prevent landlords from renting to undocumented immigrants and require landlords to meet certain property maintenance requirements. The plaintiff claimed that the city council violated the Texas Open Meetings Act when it voted to approve the ordinances in closed-door meetings. On January 9, 2007, the plaintiff applied for a temporary restraining order and on January 11, 2007, the court granted the order, stating that the ordinance "may have been approved and adopted in violation of the Texas Open Meetings Act, causing irreparable injury to Plaintiff and other citizens of Farmers Branch, Texas." The court set a hearing date for January 22, 2007, to determine whether the TRO should be made a temporary injunction pending a full trial on the merits. At the same time, the city repealed both ordinances and notified the court. The defendants also filed a plea to the jurisdiction to dismiss the lawsuit, claiming sovereign immunity, and the trial court denied the plea. Defendants subsequently brought an interlocutory appeal, and the appeals court affirmed the denial.

Court Bars City from Enforcing Ordinance 2903 Aimed at Landlords, Dismisses Damages Claim
Villas at Parkside Partners v. City of Farmers Branch, No. 06-2371, 577 F. Supp. 2d 851 (N.D. Tex. 2008); Vasquez v. City of Farmers Branch, No. 06-02376 (N.D. Tex. 2006) (consolidated with Villas at Parkside Partners, No. 06-2371, 577 F. Supp. 2d 851); Barrietos v. City of Farmers Branch, No. 07-00061(N.D. Tex. 2007) (consolidated with Villas at Parkside Partners, No. 06-2371, 577 F. Supp. 2d 851)

In three suits, tenants, landlords and business owners challenged ordinance 2903 that requires property owners and managers to obtain proof of citizenship or eligible immigration status before taking on tenants. In April 2007, the court consolidated the cases, and in May 2007 the court granted a TRO, finding that federal law preempted the ordinance. It reasoned that the measure did not adopt federal immigration regulations but rather impermissibly adopted housing regulations used to determine noncitizens' eligibility for federal housing subsidies.

In June 2007, the court granted the plaintiffs' application for a preliminary injunction, barring the city of Farmers Branch from enforcing the ordinance pending a trial on the merits or other disposition of the case. Although the injunction remained in place, on December 11, 2007, the court granted the city's motion to dismiss plaintiffs' claims for compensatory damages. The court reasoned that because the ordinance never was enforced, plaintiffs did not suffer any damages.

On May 28, 2008, the court ruled on plaintiffs' remaining requests for declaratory and injunctive relief, granting plaintiffs' motion for partial summary judgment and permanently enjoining the city of Farmers Branch from enforcing the ordinance. The court held that the ordinance was preempted by federal law because it impermissibly attempts to regulate immigration. In addition, the court held that it could not "save" the ordinance by severing portions of the ordinance so that it would not be preempted federal law. Finally, the court held that the ordinance violated the Due Process clause of the Fourteenth Amendment because it was void for vagueness.

During the litigation, the city of Farmer’s Branch passed ordinance 2953 that required a city license to rent property. The court held that the new ordinance was distinct from ordinance 2903, the original ordinance challenged in this case. Therefore, the court stated that challenges to the new ordinance would not be considered along with a challenge to ordinance 2903.

Both parties subsequently filed motions with regards to the new city ordinance 2953. Defendants sought declaratory judgment from the court that the new regulation is constitutional and valid. Meanwhile, the Vasquez plaintiffs moved for the court to certify a partial final judgment with regards to the ordinance 2903, but preserve jurisdiction over the remaining claims concerning the new ordinance. The Villas plaintiffs, however, were against even a partial final judgment because, they argued, the claims as to the ordinance 2903 were not moot. However, on August 29, 2008, the court held that an entry of final judgment was appropriate as to all claims challenging the ordinance 2903. It reasoned that it had already awarded plaintiffs all the specific relief they had sought in their pleadings when it declared the original ordinance unconstitutional and permanently enjoined the city from enforcing it.

Court Enjoins Enforcement of Ordinance 2952 Requiring Issuance of City License to Enter Into Lease
Villas at Parkside Partners v. City of Farmers Branch, No. 08-01551, (N.D. Tex. 2008); Reyes et al. v. City of Farmers Branch, No. 08-01615, (N.D. Tex. 2008) (consolidated with Villas at Parkside Partners, No. 08-01551)

In two suits, landlords, property owners and a city resident challenged ordinance 2952 that requires that persons eighteen years of age or older report to the city their intent to occupy a leased or rented residence within city limits. The ordinance requires that each resident in a dwelling must pay the city $5 for an occupancy license. If the prospective occupant does not attest to being a U.S. citizen, the city building inspector must verify with the federal government that the prospective occupant is an alien lawfully present within the United States in order to receive a license. The ordinance also subjects landlords who do not evict unlicensed renters to criminal and civil penalties.

In September 2008, the court consolidated the cases and granted a TRO and then a preliminary injunction barring the city from enforcing the ordinance until the final disposition of the case. On April 20, 2010, the parties filed cross motions for summary judgment. The plaintiffs’ motion alleged that the ordinance was unconstitutional because it was preempted by and not congruent with existing federal immigration law and sought to regulate immigration by creating the city’s own “removal scheme”. Plaintiffs argued that by regulating who could seek shelter in the city based on designations not defined in federal immigration law, the city was encroaching on the federal government’s exclusive authority to regulate immigration. The defendants’ motion for summary judgment countered that the plaintiffs did not have standing and that the ordinance was constitutional and only regulated rental contracts according to federally provided information on the status of individual prospective tenants and did not regulate immigration itself.

On March 24, 2010, the court permanently enjoined the enforcement of Ordinance 2952. In the order on cross-motions for summary judgment, the court held that the tenant and landlord plaintiffs had standing to bring the lawsuit. The court found that because preemption pursuant to the Supremacy Clause of the United States Constitution provided sufficient grounds to enjoin the enforcement of the ordinance, the court did not need to consider plaintiffs’ remaining claims.

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