Judicial Watch drops public records lawsuit against Hobbs

A national organization known for filing public records requests against government officials is quietly dropping its claim against Gov. Katie Hobbs.

Michael Bekesha, an attorney for Judicial Watch, told Capitol Media Services that he is now convinced that aides to the governor did not lie when they said they have no records of any order by Hobbs telling the Department of Public Safety not to cooperate with efforts to deport people not here legally. But he said it took filing legal action to get that information.

“Since we filed suit, the governor's office conducted searches and located no responsive records,” Bekesha said. He also said Hobbs' office has now provided a draft declaration and additional information about the search it conducted, “satisfying its burden under the law.”

“Based on the representations of the governor's office, it does not appear that the governor has issued any directive or order to DPS telling the agency not to cooperate with federal immigration officials,” Bekesha said.

But he said the new information also shows something else politically about Hobbs and statements she has made about the role of the state in immigration enforcement.

“It appears that the governor is simply leading the public to believe that she is resisting,” Bekesha said.

Gubernatorial press aide Christian Slater had a different take on all of this.

“From Day 1, it was obvious this lawsuit was nothing more than an exercise in partisan gamesmanship by Judicial Watch,” he said. And Slater insisted that, despite anything the governor has said about not wanting to work with federal agencies deporting long-time Arizona residents, she has never issued a directive to DPS not to cooperate with Immigration and Customs Enforcement.

What caused the legal dust-up — and the demand for records and the lawsuit that followed — were statements Hobbs made to ABC News about a week after the 2024 election that was won by Donald Trump.

During the campaign, Trump made multiple statements about deporting those not here legally. And while some of those comments centered around focusing on criminals, Trump also said he would seek to remove everyone without authorization to be in this country.

“What I will unequivocally say is that as governor I will not tolerate efforts that are part of misguided policies that harm our communities, that threaten our communities, that terrorize our communities,” Hobbs said. “And Arizona will not take part in those.”

The governor also predicted at the time it would lead to “people hiding in fear,” similar to what happened when the Republican-controlled Legislature adopted SB 1070 in 2010, which was designed at least in part to require police to ask people they stop about their immigration status.

“It harmed communities, it tore families apart,” Hobbs said. “That's not going to happen on my watch.”

The governor made similar comments days earlier at a press conference in Phoenix, saying she will “stand up against actions that hurt our communities.” But she dodged a question at that time of whether she would use her powers to prevent the wholesale deporting of those living in Arizona who entered the country illegally.

Judicial Watch first requested the records a year ago, citing the governor's comments. It demanded documents about orders, directives or even suggestions to DPS that reflect “your official non-participation position” as reported.

Bekesha said when no response was received after nine months, Judicial Watch decided to sue.

The lawsuit said the information is critical because any directive from Hobbs telling agencies not to cooperate would run afoul of a state law that says that no official or agency of the state or local government “may limit or restrict the enforcement of federal immigration laws to less than the full extent permitted by federal law.”

That statute actually was part of SB 1070. While much of that law was voided by the U.S. Supreme Court, that section was never challenged and remains on the books.

Slater said his boss has been “extremely clear” about her views on immigration enforcement.

“She will work with the federal government to secure the border, stop drug smuggling and human trafficking, and get criminals off the street,” he said. But Slater said there are limits.

“She is not interested in working with federal agents who go after Dreamers,” he said, referring to people who arrived in this country as children and were given protected status under the Deferred Action for Childhood Arrivals program created by former President Barack Obama.

Slater also said that Hobbs does not want to work with federal agents who pursue “people who have live in their communities for years, pay taxes, and follow the laws.”

But none of that, he said, is an official policy. And that, said Slater, is why Hobbs never provided the records that Judicial Watch demanded.

“There are no responsive records because the governor's office has directed DPS to follow the law,” he said, saying Hobbs never issued any order telling the agency to refuse to work with ICE on deportations.

Still, there is a policy of sorts.

“Unless a state crime has been committed that falls under the jurisdiction of DPS, our personnel ... do not conduct direct immigration enforcement,” Jeffrey Glover, director of the agency, said in June. He said if a state crime is committed and someone's immigration status “becomes relevant,” officers may notify federal agencies “in accordance with existing laws and protocols.”