Arizona’s Alien Harboring, Transport Law Is Void For Vagueness, Ninth Circuit Holds

An Arizona statute that attempts to criminalize the harboring and transporting of unauthorized aliens within the state is void for vagueness in violation of the due process clause, the U.S. Court of Appeals for the Ninth Circuit held Oct. 8 (Valle del Sol Inc. v. Whiting, 2013 BL 278700, 9th Cir., No. 12-17152).

The court further held that the provision is preempted by federal law and thus invalid under the Constitution’s supremacy clause.

The statute, Ariz. Rev. Stat. § 13-2929, makes it unlawful for “a person who is in violation of a criminal offense” to transport an alien ...