Pinal County Superior Court Judge Joseph Georgini placed a temporary restraining order on the Pinal County attorney’s agreement with ICE on Monday.
Last year, the Pinal County Attorney’s Office entered a 287(g) agreement with ICE, which allows the office to assist with federal immigration enforcement operations.
Typically, 287(g) agreements are formed between the U.S. Department of Homeland Security and county sheriffs. In Pinal County, the Sheriff’s Office already has a 287(g) agreement with ICE.
In this case, the Pinal County Board of Supervisors wasn’t initially aware of the agreement. The board declared it was “unlawful” because only the supervisors, not the county attorney, have the authority to sign it.
The board ordered County Attorney Brad Miller to end the agreement with ICE, but Miller refused.
The board claimed the agreement was void, and Miller insisted it’s still in effect.
The board filed a lawsuit against him on Monday and was granted the restraining order on the agreement.
Police, or other law enforcement agents who make arrests and investigate crime, are a separate part of the criminal justice system from the county attorneys. County attorneys decide whether or not to prosecute certain criminal cases. So, for the County Attorney’s Office to use staff in the role of ICE agents may not be legal.
Miller’s office did not immediately respond to a request for comment. The court set a hearing on the matter for Feb. 26.
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This measure would advance a resolution approved by supervisors last month that bars the use of masks for law enforcement, including ICE, if officers are not otherwise identifiable.
