VALLE DEL SOL INCORPORATED; Coalicion De Derechos Humanos; United Food and Commercial Workers International Union; Border Action Network; Jim Shee; Unknown Party, Named as Jane Doe #3 in Amended Complaint; John Doe #1, proceeding under pseudonym; Luz Santiago; Arizona South Asians for Safe Families; Japanese American Citizens League; Local 5 Service Employees International Union; Southside Presbyterian Church; Tonatierra Community Development Institute; C.M., a minor; Asian Chamber of Commerce of Arizona; Service Employees International Union; Arizona Hispanic Chamber of Commerce; Pedro Espinoza; Maura Castillo; Jose Angel Vargas, Plaintiffs-Appellees,
v.
Michael B. WHITING; Edward G. Rheinheimer; Daisy Flores, Gila County Attorney, in her official capacity; Richard M. Romley, Maricopa County Attorney, in his official capacity; Matthew J. Smith, Mohave County Attorney, in his official capacity; Bradley Carlyon, Navajo County Attorney, in his official capacity; Sam Vederman, La Paz County Attorney, in his official capacity; Kenny Angle, Graham County Attorney, in his official capacity; Derek D. Rapier, Greenlee County Attorney, in his official capacity; David W. Rozema, Esq., Coconino County Attorney, in his official capacity; Barbara Lawall, Pima County Attorney, in her official capacity; James P. Walsh, Pinal County Attorney, in his official capacity; George Silva, Santa Cruz County Attorney, in his official capacity; Sheila S. Polk, Yavapai County Attorney, in her official capacity; Jon R. Smith, Yuma County Attorney in his official capacity; Joseph Dedman, Jr., Apache County Sheriff, in his official capacity; Bill Pribil, Coconino County Sheriff, in his official capacity; Rod Rothrock, Chief Deputy; John R. Armer, Gila County Sheriff, in his official Capacity; Preston J. Allred, Graham County Sheriff, in his official capacity; Steven N. Tucker, Greenlee County Sheriff, in his official capacity; Donald Lowery, La Paz County Sheriff, in his official capacity; Joseph M. Arpaio, Maricopa County Sheriff, in his official capacity; Tom Sheahan, Mohave County Sheriff, in his official capacity; Kelly Clark, Navajo County Sheriff, in his official capacity; Clarence W. Dupnik, Pima County Sheriff, in his official capacity; Paul R. Babeu, Pinal County Sheriff, in his official capacity; Tony Estrada, Santa Cruz County Sheriff, in his official capacity; Steve Waugh, Yavapai County Sheriff, in his official capacity; Ralph Ogden, Yuma County Sheriff, in his official capacity, Defendants, and
State of Arizona; Janice K. Brewer, Intervenor-Defendants-Appellants.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Opinion by Judge PAEZ; Partial Concurrence and Partial Dissent by Judge BEA.
United States Court of Appeals, Ninth Circuit.
OPINION
PAEZ, Circuit Judge:
Plaintiffs challenge Arizona Revised Statutes § 13-2929, which attempts to criminalize the harboring and transporting of unauthorized aliens within the state of Arizona.1 The district court granted the plaintiffs' motion for a preliminary injunction with respect to this provision on the basis that § 13-2929 is preempted by federal law. Arizona appealed. We conclude that the statute as written...
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