The ACLU voluntarily dismissed its lawsuit challenging a provision of Proposition 314, the voter-approved law that gives local and state authorities expanded powers to arrest, detain and deport immigrants in the country illegally, normally the job of the federal government.
The ACLU and ACLU of Arizona maintain the provision is unconstitutional and will continue to monitor enforcement of Section 5 of Proposition 314, ACLU legal director Tara DeGeorge said in a written statement.
"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," DeGeorge said.
Proposition 314 went into effect July 14. The ACLU has warned
that attempts to enforce Section 5 of Proposition 314 could lead to rampant profiling of Latinos and other people of color by law enforcement authorities. But to date, there is no indication Section 5 of Proposition 314 is being enforced, DeGeorge said.
The lawsuit was filed against Democratic Attorney General Kris Mayes, as the chief law enforcement official in Arizona. Mayes' spokesperson Richie Taylor declined to comment on the dismissal. He confirmed there is no indication that the law has been enforced to date.
The decision to voluntarily dismiss the lawsuit comes three weeks after U.S. District Court Judge Michael T. Liburdi denied a request by the ACLU to temporarily put the measure on hold.
The American Civil Liberties Union filed a request for a temporary restraining order as part of a lawsuit on behalf of the Florence Immigrant and Refugee Rights Project against Arizona Attorney General Kris Mayes.
Liburdi ruled the ACLU failed to show that enforcement of Proposition 314 would interfere with the Florence Project's core mission of providing legal assistance to immigrants being detained in federal immigration detention centers, largely because there was no indication the law was being enforced.
The ACLU and the Arizona Attorney's Office had been in discussions on how to move forward with the lawsuit when the ACLU notified Liburdi on Aug. 12 that the organization was voluntarily dismissing the lawsuit.
The lawsuit was dismissed without prejudice, meaning it can be refiled in the future, the ACLU noted.
Arizona voters overwhelmingly approved Proposition 314, known as the Secure the Border Act, in November 2024, after legislative Republicans put it on the ballot to bypass a likely veto by Democratic Gov. Katie Hobbs.
The law was touted by proponents as a way for Arizona to help stem an unprecedented wave of migrants crossing the border during the Biden administration and requesting a chance to seek asylum.
But the number of migrants crossing into Arizona without authorization along the border with Mexico has since plunged to some of the lowest levels in decades after the Trump administration implemented strict border policies and an aggressive mass deportation campaign.
This article originally appeared on Arizona Republic: ACLU drops lawsuit challenging voter-approved Arizona immigration law
