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plaintiffdefendantattorneystatuteinjunctionliens
plaintiffdefendantstatuteinjunctionliens

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Puente Ariz. v. Arpaio

Facts

Plaintiffs challenged Defendants' application of Arizona identity theft and forgery statutes to unauthorized aliens who commit fraud in obtaining employment. The challenged action included prosecution of undocumented aliens based not only on fraud committed in the I-9 process or to obtain employment, but also based on any false communication made in the employment context in order to be consistent with the I-9 false identity, such as false tax forms, payroll forms, or applications for employment benefits.

Plaintiffs challenged Defendants' application of Arizona identity theft and forgery statutes to unauthorized aliens who commit fraud in obtaining employment.

Issue

Whether state prosecution of fraud in the I-9 process is preempted by federal law.

Whether state prosecution of fraud in the I-9 process is preempted by federal law.

Rule

The federal I-9 form used to prove a prospective employee's right to work in the United States, and any information contained in or appended to the form, 'may not be used' for purposes other than enforcement of the federal employment verification system and prosecution under certain federal criminal statutes.

The federal I-9 form used to prove a prospective employee's right to work in the United States, and any information contained in or appended to the form, 'may not be used' for purposes other than enforcement of the federal employment verification system and prosecution under certain federal criminal statutes.

Analysis

The court found that the plaintiffs had standing to bring the suit, as they demonstrated sufficient injury from the conduct challenged in their complaint. The court also determined that the election of a new sheriff and the policy changes made by the Maricopa County Attorney's Office did not render the case moot, as the plaintiffs could still be affected by the challenged conduct.

The court found that the plaintiffs had standing to bring the suit, as they demonstrated sufficient injury from the conduct challenged in their complaint.

Conclusion

The court issued a permanent injunction against Maricopa County Sheriff Paul Penzone, finding that the plaintiffs had standing and that the case was not moot.

The court issued a permanent injunction against Maricopa County Sheriff Paul Penzone, finding that the plaintiffs had standing and that the case was not moot.

Who won?

Plaintiffs prevailed in the case because they successfully demonstrated standing and the court found that the state prosecution of fraud in the I-9 process was preempted by federal law.

Plaintiffs prevailed in the case because they successfully demonstrated standing and the court found that the state prosecution of fraud in the I-9 process was preempted by federal law.

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