Santa Cruz County sheriff said he won't enforce Prop. 314. Lawmakers voted to block funding

Republican state lawmakers voted to block Santa Cruz County from receiving $250,000 in border security funding after the county sheriff said he wouldn’t enforce a border ballot measure approved by voters.

In September, Santa Cruz County Sheriff David Hathaway, a Democrat, told a congressional committee he did not plan to enforce Proposition 314, the Arizona ballot measure approved by voters two months later that gives sheriffs the power to enforce immigration law.

“You know, frankly, I do not want to do [Border Patrol’s] job, and they don’t want to do my job,” Hathaway told the House Homeland Security Committee.

State Sen. John Kavanagh (R-Fountain Hills) cited those comments when he called on the Legislature’s Joint Legislative Budget Committee to remove Santa Cruz from a list of six counties in line to receive a total of $1 million in border security grants.

“So since he’s expressed hostility to border enforcement and in the end said he didn’t want to do the job, I see no reason to give money directed for this to him,” said Kavanagh, who chairs the committee.

The Republican-controlled committee voted along party lines to do just that, approving $800,000 to five other rural communities, including non-border counties like La Paz, Graham and Greenlee counties.

The money in question is part of the Border Security and Law Enforcement Grants program administered by the Arizona Department of Public Safety. Under state law, the department must receive legislative approval before awarding those funds to local sheriffs.

Democrats on the committee criticized the decision, saying the grant funding predates Prop. 314.

“And so if we take out Santa Cruz County, that is defunding the police,” Rep. Nancy Gutierrez (D-Tucson) said. “This is the police and we are literally going to defund Santa Cruz County by $250,000.”

Rep. Stephanie Stahl Hamilton (D-Tucson), who represents parts of Santa Cruz County, accused Republicans of conflating two separate issues. She said the county sheriff is already performing duties funded by the grant program, which is separate from Prop. 314.

She called Prop. 314 “an unfunded mandate,” because lawmakers did not include a funding mechanism when they sent the proposal to voters. Even sheriffs who supported the measure acknowledged they would need additional funding to take on the immigration enforcement duties included in the legislation.

“The money from this fund is already being allocated and used extensively in these counties,” she said.

Hathaway did not respond to a request for comment.

According to a draft letter from Santa Cruz County Manager Jesus Valdez sent to lawmakers, the funding is “fundamental to the security of our community,” which includes two ports of entry. He said the grants fund resources used to protect the border community, including vehicles, technology, firearms and ammunition.

“A reduction of border security funding would increase already substantial challenges related to gang activity and transnational crime that directly impact our residents’ safety and well-being,” according to the letter.

Republicans on the committee left Santa Cruz County an opening to recover the funding.

“The county and the sheriff need to get on the same page and represent that they will enforce all state laws and they will enforce the specific dollars for these things,” said Rep. David Livingston (R-Peoria), vice chairman of the Joint Legislative Budget Committee.

Livingston, who will chair the committee next year, invited Hathaway to meet with him to discuss the issue further before making a decision about whether to restore the funding.

“The sheriff needs to correct these statements, and anybody else at the county that makes statements correcting it for him is not good enough, since he is an elected official that made those statements,” Livingston said.