The suit challenges the law in five main areas: That immigration is inherently a federal issue, and federal law has supremacy; the law encroaches upon the right of minorities to travel freely without harassment; the law has a chilling effect on the First Amendment right to free speech and assembly by prohibiting individuals from soliciting work in a public place; it requires law
enforcement to conduct investigatory stops of individuals without reasonable suspicion, violating the Fourth Amendment; and it singles out non-citizens for discrimination and enforcement in violation of the Fourteenth Amendment.
In conjunction with the lawsuit, UFCW President Joe Hansen released the following statement:
“We believe S.B. 1070 is unconstitutional, un-American and that it undermines our nation’s rich immigrant history. The law effectively legalizes racial profiling and sanctions harassment and discrimination. We are filing this suit to protect the rights of our members and all workers in the state of Arizona—and to uphold the values and ideals that make our nation strong.
“The UFCW has been at the forefront of the fight for immigration reform because we have seen firsthand the devastation caused by enforcement-only strategies – we’ve seen families torn apart, we’ve seen communities destroyed and we’ve seen workers rights’ shredded. We need a comprehensive overhaul of our broken immigration system at the federal level, not regressive,
racially motivated laws enacted on a state-by-state basis.”