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ACLU And NILC File Lawsuit Challenging Utah “Show Me Your Papers” Law
Utah Coalition of La Raza v. Herbert (2011)

What Happens In Arizona Stops In Arizona

On May 3, 2011, the American Civil Liberties Union, the ACLU of Utah, the National Immigration Law Center (NILC), and the law firm of Munger, Tolles, & Olsen filed a class action lawsuit in federal district court challenging Utah’s HB 497. HB 497 gives law enforcement the authority to demand “papers” demonstrating citizenship or immigration status during traffic stops, much like Arizona’s SB 1070. The lawsuit charged that HB 497 is unconstitutional in that it violates the U.S. Constitution’s Supremacy Clause, Fourth Amendment, Equal Protection Clause, and the right to travel. The federal district court promptly blocked implementation of the law. In an Order issued Tuesday, February 21, Judge Clark Waddoups announced that he will wait to issue a decision on our request for a Preliminary Injunction (“PI”) in UCLR v. Herbert (“UCLR”), Utah’s HB 497 “Show Me Your Papers” lawsuit, until the Supreme Court issues its decision in an Arizona case that raises similar legal questions to some of the issues raised here in Utah.

Frequently Asked Questions about Utah’s HB 497, “Show Me Your Papers” Law - Updated 10/11 >>
Download the 5/3/11 press release (PDF) >>
La ACLU y la NILC entablan demanda impugnando la Ley “Muéstreme sus papeles” de Utah >>
Frequently Asked Questions about H.B. 497, Utah's "Show Me Your Papers" law >>
More information about this case, including the full complaint can be found online at >>
More information about the Utah law can be found at >>
Statement by the Embassy of Mexico on the ACLU lawsuit filed against H.B. 497 in Utah >>
Declaracion De La Embajada De Mexico Sobre Demanda Contra La Ley HB 497 de Utah >>

Civil Rights Coalition in Court Friday to Challenge Utah’s Anti-Immigrant Law
Posted 2/14/13 - Attorneys from the National Immigration Law Center (NILC), the American Civil Liberties Union, and the ACLU of Utah will ask a federal judge on Friday to continue to block the state’s anti-immigrant law. The hearing will be held regarding a motion for preliminary injunction that charges that the “show me your papers” law, HB 497, is unconstitutional.

U. S. Supreme Court Rules in Arizona Immigration Case; ACLU of Utah and its allies continue fight against HB 497
Posted 6/25/12 - Today’s decision in Arizona v. United States sends a strong message from the United States Supreme Court that immigration regulation is the exclusive province of the federal government. The Court struck down three out of the four provisions brought before it on grounds that they are preempted by federal law. With the fourth provision, Section 2(B), the “show me your papers” provision, the Court rejected a facial challenge but left the door open to a potential constitutional challenge on how the law is applied.

Court Decision in HB 497 “Show Me Your Papers Law” Postponed
Posted 2/23/12 - In an Order issued Tuesday, February 21, Judge Clark Waddoups announced that he will wait to issue a decision on our request for a Preliminary Injunction (“PI”) in UCLR v. Herbert (“UCLR”), Utah’s HB 497 “Show Me Your Papers” lawsuit, until the Supreme Court issues its decision in an Arizona case that raises similar legal questions to some of the issues raised here in Utah. According to the Court's Order, the issues raised in both cases address "significant constitutional issues [and] the court does not believe it would be helpful to the parties for the court to rule on the present motions before it receives the additional guidance from the Supreme Court." The U.S. Supreme Court is scheduled to hear arguments in the Arizona case on April 25, 2012, and a decision is expected by the end of June. It is expected the Court in UCLR will issue a decision shortly thereafter.

‘Papers-Please’ Law Would Harm All Utahns
Posted 2/16/12 - The Salt Lake Tribune published an excellent Op-Ed by Salt Lake City Police Chief Chris Burbank stating that HB 497, if allowed to go into effect, would have disastrous consequences for the relationship that law enforcement officers have sought to build with the immigrant community. A U.S. District Court will examine the constitutionality of the law tomorrow.

Read the SL Tribune Op-Ed by Chief Burbank >>

National Immigration Law Center, ACLU and ACLU of Utah in Court Friday to Challenge Utah’s “Papers Please” Law
Posted 2/15/12 - Attorneys from the American Civil Liberties Union, the ACLU of Utah and the National Immigration Law Center (NILC), will ask a U.S. District Court judge on Friday to block the state’s anti-immigrant law. The groups are seeking an injunction to keep the law, HB 497, from taking effect. Last May, the court issued a temporary restraining order. The civil rights coalition will argue Friday that the court should continue to block the law pending a final ruling on whether it is unconstitutional.

Read the media advisory (PDF) >>
El Centro Nacional de Leyes Migratorias, la ACLU, y la ACLU de Utah se presentan ante el tribunal el viernes para impugnar la ley “Muéstrame tus papeles” de Utah (PDF) >>

Federal Judge Merges HB 497 Lawsuits, Postpones Hearing
Posted 11/28/11 - U.S. District Judge Waddoups has combined the lawsuit filed by the ACLU and allies with a recent lawsuit filed by the U.S. Department of Justice. The lawsuits challenge the constitutionality of HB 497, Utah's "Show me your papers law" and have a hearing scheduled for February 17, 2012.

Read a Deseret News article (11/28/11) >>
Read more about Utah Coalition of La Raza v. Herbert >>

Department of Justice Joins HB 497 Lawsuit
Posted 11/22/11 - Today, the Department of Justice filed a lawsuit echoing our challenge to the constitutionality of Utah's Arizona style "show me your papers law." By filing lawsuits in Arizona, Alabama, South Carolina and now here in Utah, the Department of Justice has sent a strong message that states should not attempt to usurp federal immigration laws with state legislation. Like we have seen in Alabama, these unconstitutional laws encourage racial profiling, lead to devastating humanitarian and economic consequences and negatively impact everyone, including many citizens and legal residents. Its encouraging to see that in addition to the racial profiling that HB 497 invites, the DOJ recognizes the serious constitutional implications of approaching our nation's immigration problems in a piecemeal state-by-state basis.

Read the Department of Justice press release >>

Utah’s “Show Me Your Papers” Law Hearing Postponed; U.S. Department of Justice May Intervene
Posted 9/13/11 - The federal district court today granted a request by the Utah Attorney General’s Office to delay a hearing regarding the state’s anti-immigrant law. Utah requested the delay because of possible future involvement by the U.S. Department of Justice (DOJ) in the lawsuit. The court’s temporary restraining order blocking utah’s anti-immigrant law will remain in effect

Court Blocks Implementation Of Utah “Show Me Your Papers” Law
Posted 5/10/11 - Ensuring that Utah law enforcement will not be required to demand "papers" from all people residing in or traveling through Utah, a federal district court in Salt Lake City today blocked implementation of the state’s “show me your papers” law, scheduled to go into effect today.

ACLU And NILC File Lawsuit Challenging Utah “Show Me Your Papers” Law
Law Would Turn Utah Into Police State And Invite Racial Profiling, Groups Say

Posted 5/3/11 - The American Civil Liberties Union, the ACLU of Utah, the National Immigration Law Center (NILC) and the law firm of Munger, Tolles & Olsen filed a class action lawsuit today charging that Utah’s recently passed law, HB 497, like Arizona’s notorious SB 1070, authorizes police to demand “papers” demonstrating citizenship or immigration status during traffic stops, invites racial profiling of Latinos and others who appear “foreign” to an officer and interferes with federal law.

"America is not a 'show me your papers' country. No one should be subject to investigation, detention and arrest without any suspicion of criminal activity,” said Cecillia Wang, managing attorney with the ACLU Immigrants' Rights Project. “Utah’s law violates the Constitution and we are confident that we will prevent it from taking effect.”

The lawsuit charges that the Utah law is unconstitutional in that it unlawfully interferes with federal power and authority over immigration matters in violation of the Supremacy Clause of the U.S. Constitution; authorizes and requires unreasonable seizures and arrests in violation of the Fourth Amendment; restricts the constitutional right to travel freely throughout the United States; violates the Equal Protection Clause of the U.S. Constitution by unlawfully discriminating against certain lawful immigrants as well as people in Utah without approved identify documents; and violates the Utah state constitutional guarantee of uniform operation of the laws.

“By turning law enforcement officers into immigration agents, and requiring them to demand papers demonstrating immigration status, HB 497 promotes racial profiling, and ensures that immigrant communities will no longer feel safe going to the authorities as victims of or witnesses to crime,” said Linton Joaquin, general counsel of the National Immigration Law Center. “This undermines the public safety of everyone.”

“This law has been wildly misrepresented as a kinder, gentler version of Arizona’s discriminating law,” said Karen McCreary, Executive Director of the ACLU of Utah. “But the truth is, this ill-conceived law is just as harsh, turning Utah into a police state where everyone is required to carry their ‘papers’ to prove they are lawfully present.”

Several prominent law enforcement officials, including Salt Lake City Police Chief Chris Burbank, oppose the law because it undermines trust and cooperation between local police and immigrant communities. Burbank and other officers have expressed concerns that the law diverts limited resources away from law enforcement's primary responsibility to provide protection and promote public safety in the community.

The lawsuit was filed today in the U.S. District Court for the District of Utah on behalf of civil rights, labor, social justice and business organizations, including Utah Coalition of La Raza, Service Employees International Union, Latin American Chamber of Commerce, Workers’ United Rocky Mountain Joint Board, Centro Civico Mexicano, Coalition of Utah Progressives, individually named plaintiffs who would be subject to harassment or arrest under the law and a class of similarly situated people.

Attorneys on the case are:
National Immigration Law Center: Joaquin, Karen C. Tumlin, Shiu-Ming Cheer, Melissa S. Keaney
ACLU Immigrants’ Rights Project: Wang, Omar C. Jadwat, Andre Segura, Katherine Desormeau
ACLU Racial Justice Program: Elora Mukherjee
ACLU of Utah: Darcy Goddard, Esperanza Granados
Munger, Tollles & Olson LLP: Bradley S. Phillips

Download this press release (PDF) >>
La ACLU y la NILC entablan demanda impugnando la Ley “Muéstreme sus papeles” de Utah >>
Frequently Asked Questions about H.B. 497, Utah's "Show Me Your Papers" law >>
More information about this case, including the full complaint can be found online at >>
More information about the Utah law can be found at >>
Statement by the Embassy of Mexico on the ACLU lawsuit filed against H.B. 497 in Utah >>
Declaracion De La Embajada De Mexico Sobre Demanda Contra La Ley HB 497 de Utah >>

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