Are MALDEF, the ACLU and Other Groups Likely to Win In Lawsuit Against SB 1070?

As discussed in a previous posting on this blog, MALDEF and other plaintiffs are seeking a preliminary injunction to stop the implementation of SB 1070 pending a final decision by the federal court on their claims. In order to secure a preliminary injunction, plaintiffs must show a likelihood of success on the merits of their case. As a result, a decision by the federal court on this motion will give us an indication as to how the federal court views the plaintiffs' chances of winning the case. As part of their effort to show that plaintiffs are likely to prevail on the merits of their claim that the Arizona law is unconstitutional, plaintiffs' brief in support of the motion for a preliminary injunction offers a key opening argument:

"First, SB 1070 is a brazen and improper usurpation of the federal government's constitutional role in immigration regulation. Section 1 of SB 1070 makes that intent plain: "the legislature declares that the intent of this act is to make attrition through enforcement the public policy of all state and local government agencies in Arizona." "Attrition through enforcement" is an immigration policy that some advocates have urged the federal government to adopt, but it is not federal policy. SB 1070's provisions "are intended to work together to discourage and deter the unlawful entry and presence of aliens ...." Governor Brewer further asserted at its signing that SB 1070 addresses a problem that "the federal government has refused to fix."...Indeed, SB 1070 does not even purport to target an area of local concern separate from immigration policy, but instead openly seeks to implement Arizona's immigration policy choices because of disagreement or disappointment with the federal government. This is plainly unconstitutional: in our federal system, Arizona may not overrule the federal government's immigration policy or unilaterally correct its perceived failures."

The brief may be found here (http:// www.aclu.org/files/assets/AsFiledBrief_0.pdf).