Arizona’s voter-approved border enforcement law remains in effect after a federal judge rejected a request to suspend it, finding challengers had not shown concrete and irreparable harm.
The Arizona Capitol Times reported U.S. District Judge Michael Liburdi denied the Florence Immigrant and Refugee Rights Project’s request for a temporary restraining order after a July 24 hearing. The court’s written order leaves the preliminary-injunction request pending and sets an Aug. 11 status conference.
Section 5 of Proposition 314 took effect July 14. It makes it a Class 1 misdemeanor for a noncitizen to enter Arizona from another country outside a lawful port of entry, with limited defenses. State and local officers may arrest suspects when an officer witnesses a crossing, obtains a recording, or has other constitutionally sufficient probable cause. State judges may issue orders requiring defendants to return to a foreign country.
Voters approved the broader measure by nearly 63% in 2024. The provision had stayed dormant until a similar Texas law had been enforceable for 60 days.
The American Civil Liberties Union, representing the Florence Project, argues Section 5 intrudes on federal authority and forces the organization to divert staff and money. Liburdi found those projected burdens speculative, noting no evidence anyone had been arrested or deported. He questioned whether an attorney needing “an extra tank of gas” to reach clients established legal standing.
The ruling does not resolve Proposition 314’s constitutionality. The challenge invokes the Constitution’s Supremacy Clause and echoes the 2012 Supreme Court decision striking down three central provisions of Arizona’s Senate Bill 1070 as preempted by federal law.
The parties must file a joint report by Aug. 5. The preliminary-injunction request remains unresolved. The ACLU vowed to continue, while Republican legislative leaders say the law supports federal border enforcement.
