NCLCCL to file suit over Arizona immigration law: based on non-existent provision?

Per this, the National Coalition of Latino Clergy and Christian Leaders (NCLCCL) will file suit on Thursday over the new Arizona immigration law. However - based only on the Associated Press' reporting and of course subject to change - it looks like they might have based their suit on a provision that does not exist:

A draft of the complaint obtained by The Associated Press shows the coalition will seek an injunction preventing authorities from enforcing the law. The group argues federal law pre-empts state regulation of national borders, and that Arizona's law violates due-process rights by allowing suspected illegal immigrants to be detained before they're convicted...

...The clergy group's lawsuit targets a provision allowing police to arrest illegal-immigrant day laborers seeking work on the street or anyone trying to hire them, according to the draft. It says the solicitation of work is protected by the First Amendment...

Now, go take a look at the law as signed. It makes it unlawful for an illegal alien to apply for work, solicit work in public place, or perform work as an employee or independent contractor. However, the parts relating to arresting day laborers - regardless of status - only apply to traffic hazards. The law makes it unlawful to hire day laborers, solicit work as a day laborer and the like only "if the motor vehicle blocks or impedes the normal movement of traffic."

In other words, while illegal aliens doing day labor is illegal under the law, simply soliciting the work of or working as a day laborer is not illegal. There has to be the added dimension of a traffic hazard. As I understand it, those provisions where designed in that way in order to avoid First Amendment suits from groups like the American Civil Liberties Union. If the NCLCCL is going after that, hopefully their suit won't go anywhere. But, of course, the suit hasn't been released yet, and that preceding may change.

The lead attorney is state Rep. Ben Miranda, a Democrat from Phoenix. Send your polite thoughts about his questionable actions to bmiranda *at* azleg.gov