Its a good guess that this will be dismissed either because Arpaio does not have standing to sue, or that he has not been harmed by Obama’s Order (yet), or both.
No harm means no standing.
Governors and State Attorney Generals have standing.
Plaintiff Joe Arpaio is adversely affected and harmed in his office’s finances, workload, and interference with the conduct of his duties, by the failure of the executive branch to enforce existing immigration laws, but has been severely affected by increases in the influx of illegal aliens motivated by Defendant Obama’s policies of offering amnesty. In this regard, as detailed in Exhibits 1, 2 and 3 to this Complaint which is incorporated herein for reference, Plaintiff Arpaio has been severely affected and damaged by Defendant Obama’s release of criminal aliens onto the streets of Maricopa County, Arizona. This prior damage will be severely increased by virtue of Defendant Obama’s Executive Order of November 20, 2014, which is at issue. 28.
Thus, the Office of the Sheriff has been directly harmed and impacted adversely by Obama’s DACA program and will be similarly harmed by his new Executive Order effectively granting amnesty to illegal aliens. 29.
Defendant Obama’s past promises of amnesty and his DACA amnesty have directly burdened and interfered with the operations of the Sheriff’s Office, and Defendant Obama’s new amnesty program will greatly increase the burden and disruption of the Sheriff’s duties.
30. First, experience has proven as an empirical fact that millions more illegal aliens will be attracted into the border states of the United States, regardless of the specific details. 31.
Second, the experiences and records of the Sheriff’s office show that many illegal aliens – as distinct from law- abiding Hispanic Americans – are repeat offenders, such that Case 1:14-cv-01966 Document 1 Filed 11/20/14 Page 9 of 19 10