ACLU Drops Lawsuit Against Arizona’s New Police Immigration-Enforcement Statute

Ryan J. Farrick — August 14, 2026

American flag hanging on courthouse; image by Bonnie Kittle, via Unsplash.com.

“The trajectory of this litigation has always depended on when and how the state chooses to enforce Section 5 [of Proposition 314],” an ACLU attorney said. “In the first month that Section 5 has become fully enforceable, we’ve just seen none. So, from a litigation standpoint, it means our best strategy is to hold off until we get evidence of that enforcement.”

The American Civil Liberties Union has dropped a lawsuit challenging a new Arizona law that lets law police departments coordinate with federal immigration authorities.

According to AZFamily.com, the ACLU cited a lack of local law enforcement as the main reason for its decision to seek a voluntary dismissal to its challenge against Arizona Proposition 314.

Proposition 314, notes AZFamily, was approved by voters in 2024 but was not scheduled to take effect until earlier this summer. From its inception, civil rights groups have characterized the law as both draconian and unconstitutional, warning that it could encourage widespread racial profiling.

However, even with the law now in place, there appears to be little appetite for enforcement across Arizona’s police departments.

A section of wall along the U.S.-Mexico border. Many recent immigrant arrivals source from Central America, where gang warfare drives high homicide rates in nations like Honduras and El Salvador. Image via the Office of U.S. Rep. Phil Gingrey.

Attorney John Mitchell told the Arizona Capitol Times that, without any evidence of real-world enforcement, there’s no practical way to keep the case alive. In the absence of enforcement, Mithcell said, there’s little reason to continue litigation.

“The trajectory of this litigation has always depended on when and how the state chooses to enforce Section 5 [of Proposition 314],” he said. “In the first month that Section 5 has become fully enforceable, we’ve just seen none. So, from a litigation standpoint, it means our best strategy is to hold off until we get evidence of that enforcement.”

Mitchell and other members of the ACLU emphasized that the decision to dismiss is not final and that the complaint could well be refiled if conditions change.

“The voluntary dismissal of this case does not change that Section 5 of Proposition 314 is unconstitutional. Immigration enforcement falls under federal authority and is not a state responsibility,” said Tara DeGeorge, the legal director for the ACLU of Arizona. “We will continue to monitor for racial profiling, unlawful detentions, and deportations that violate people’s rights and continue educating the public about the law and its impact on Arizona communities.”