IANAL but my logic would be... They would only stand any real chance if the RCW was repealed because of court action declaring it Unconstitutional, and therefore illegal. Then they sued. If the State eliminates the problem before they're prosecuted, then they have taken action to stop enforcing an unconstitutional law, and they're mostly clean. Since once this happens the legal situation is much more confused, the chances of successfully issuing a class action lawsuit against the state, for illegally repressing lawful rights of "under the jurisdiction thereof..." whether directly impacted (by arrest, conviction, and/or deportation, loss of Job etc.) or indirectly impacted for mental anguish. Is not as cut and dried. The burden of proof would be on the plaintiffs not the defendants, you'd have to prove that the law was Unconstitutional, and that the State demonstrated Mens Rea (intent) to enforce the law in FULL knowledge that the law was unconstitutional to basically prove knowingly victimizing Aliens. This is much more difficult to prove if the law is repealed in Olympia rather than the courts.