We Are America v. Maricopa County Board of Supervisors

ORDER

ROBERT C. BROOMFIELD, Senior District Judge.

Introduction

In 2005, the Arizona State Legislature criminalized human smuggling. See Ariz. Rev.Stat. (“A.R.S.”) § 13-2319. Thereafter, the Maricopa County Attorney’s Office (“MCAO”) interpreted that human smuggling statute, in combination with Arizona’s conspiracy statutes, as giving it the prosecutorial discretion to charge and prosecute non-smuggling migrants for conspiring to transport themselves within Maricopa County. Accordingly, the Maricopa County Sheriffs Office (“MCSO”) began arresting and detaining migrants for that crime. This…