Civil groups ask court to block Arizona law criminalizing undocumented immigrants

Civil rights organizations are asking a federal court to halt a new Arizona law that criminalizes undocumented immigrants, arguing it violates federal authority over immigration. The American Civil Liberties Union (ACLU) filed a lawsuit on behalf of the Florence Project for Immigrants and Refugee Rights, seeking to prevent the implementation of Section 5 of Proposition 314.

This provision, approved by the Arizona Legislature in 2024 and by voters the same year, makes it a state offense for undocumented immigrants to enter or reside in Arizona. Its activation was pending while a similar Texas law was under legal challenge. The ACLU warns that without judicial intervention, state and local law enforcement could begin enforcing the measure as early as next Tuesday.

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Section 5 is a license for local and state authorities to engage in 'blatantly unconstitutional' acts such as racial profiling, unlawful arrests, and illegal detentions.

ACLU of Arizona Legal Director Tara DeGeorge stated that Section 5 permits "blatantly unconstitutional" actions by local and state authorities, including racial profiling, unlawful arrests, and illegal detentions. The lawsuit contends that the law's enforcement would overwhelm Arizona's courts, strain an already overburdened prison system, and result in widespread due process violations. The plaintiffs are requesting a temporary restraining order to stop the provision from taking effect while the case proceeds.

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The implementation of the measure will 'upend' Arizona's courts, burden an already overburdened state prison system, and lead to massive due process violations.