A measure progressed by Arizona lawmakers this month would require county jails to hold detainees and offer their information to federal authorities like ICE.
Senate Bill 1610, introduced by Republican Sen. John Kavanagh of Fountain Hills, would require county jails to give the name, Social Security number and address of detainees booked in for charges ranging from shoplifting to assault on a law enforcement officer. It also requires jails to make detainees available for ICE interviews and honor any request that agency has.
Santa Cruz County Sheriff David Hathaway says that raises big questions for local jurisdictions.
“If ICE tells me, or CBP tells me, ‘just hold them, we haven’t made up our mind yet.’ OK, who’s gonna pay for the food and detention officers on that?” he said. “It’s expensive to feed an inmate and to pay for detention officers to watch that person, pay the water bill and electric bill, and then we have insurance costs.”
Hathaway says the measure also poses due process questions and open local jurisdictions up to the possibility of civil rights lawsuits.
The bill next heads to Governor Katie Hobbs’ office. She has vetoed similar immigration enforcement measures recently, like the Arizona ICE Act.
EDITOR'S NOTE: This story has been updated to correct the bill number.
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The ruling comes from the Fifth Circuit Court of Appeals — which has jurisdiction over Louisiana, Mississippi and Texas.
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