PHOENIX – Attorney General Mark Brnovich announced today the State of Arizona has reached a settlement in a lawsuit challenging SB 1070. The settlement keeps in place a key provision of SB 1070 section 2(b) which allows Arizona law enforcement to check the immigration status of those suspected of being in the country illegally. Under the settlement, all Plaintiffs and Defendants in Valle Del Sol vs. Whiting, agreed to dismiss their appeals.
“We have succeeded by keeping the key provisions of SB 1070 in place,” said Attorney General Mark Brnovich. “Our goal while negotiating this settlement was to find a common sense solution that protects Arizona taxpayers while helping our great state move forward.”
In September 2015, U.S. District Court Judge Susan R. Bolton granted Arizona’s request for summary judgment and dismissed six of seven of the Plaintiffs claims in Valle del Sol v. Whiting. Judge Bolton also upheld section 2(b) which allows officers, while enforcing other laws, to question the immigration status of those suspected of being in the country illegally. The ACLU and other plaintiffs appealed the U.S. District’s Court decision. Both parties have agreed to dismiss their appeals.
Under the settlement, an Informal Attorney General Opinion will be issued providing guidance and clarity to Arizona law enforcement agencies and officers on how to comply with the key provision of SB 1070 section 2(b). The U.S. Supreme Court also upheld section 2(b). The informal opinion memorializes the U.S. District Court and the U.S. Supreme Court rulings. The Plaintiffs also agreed to reduce their attorneys fees to $1.4 million dollars.
The finals terms of the settlement are currently pending court approval.