Arizona Law Update – Two Lawsuits Dismissed, Others Remain Pending

Two lawsuits contesting Arizona’s controversial immigration law, known as SB 1070, have been dismissed. The two suits are somewhat peripheral to the primary lawsuit filed by the federal government in July (see the July 2010 issue of the Immigration eAuthority). Both suits, one brought by a Tucson police officer citing race as a primary motive for enactment of SB 1070 and another brought by an individual alleging the law would prevent him from traveling to Arizona, were dismissed on standing grounds.

The primary portions of SB 1070 remain “on hold” based on the injunction imposed by an Arizona district court, as reported in the August 2010 issue of the Immigration eAuthority. The next procedural steps in the lawsuit are not expected for a few weeks, meaning SB 1070 will remain largely unenforceable for at least that long.

For most employers, SB 1070 has minimal direct impact other than requiring them to retain E-Verify verification records for the duration of a worker’s employment or three years (whichever is longer). E-Verify participation is required of Arizona employers under the previously enacted Legal Arizona Workers Act (LAWA). LAWA remains valid, though the U.S. Supreme Court may soon be reviewing the decision of the Ninth Circuit in a lawsuit that challenges LAWA’s validity.