Arizona immigration law: Can city boycotts work?

“If Arizona thinks otherwise, it’s lost its short term memory,” adds Rosalind Gold, senior analyst for the National Association of Latino Elected Officials (NALEO). “These kinds of actions by states and localities are very important, indeed.”

Boston officials have reportedly already identified one contract – a $1.1 million agreement between the Boston Centers for Youth & Families and an Arizona software firm – and say there may be others. The Boston resolution calls for the city to review its investments in Arizona or state municipal bonds, and to review travel by city employees to Arizona for conferences and other official business. Boycotts, others say, have already had a desired effect: Some corporations and organizations have already canceled their plans in Arizona cities such as Phoenix and Scottsdale – major convention destinations.

For Tucson and Flagstaff, legal options are limited. Municipalities or counties adversely affected by state legislation such as Arizona's can sue for a “declaratory judgment,” says Joel Jacobsen, an assistant attorney general in New Mexico.

But those judgments, if granted, don't really have teeth, says Mr. Jacobsen. A declaratory judgment "doesn't involve the transfer of money between the parties."

Cases where cities have sued their states are rare, says Ira Mehlman, spokesman for the Federation for American Immigration Reform (FAIR). Citing research from FAIR's legal department, he says cities theoretically have the right to challenge policies imposed by their states, but it's complicated.

“Under our system, cities derive their powers from the states in which they are situated. Thus, cities are compelled to comply with state laws unless those laws violate the US or state constitution," says Mehlman. "That is clearly not the case here. [The Arizona immigration law] merely requires police in Arizona to enforce constitutional immigration laws when they reasonably suspect those laws are being violated,” he adds.

Related:

• Arizona immigration law: California leads call for boycotts
• Opinion polls show broad support for tough Arizona immigration law
• Legal challenges to Arizona immigration law multiply

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