GOP lawmakers are asking the attorney general to punish Pima County over a resolution banning ICE activity on county property without judicial warrants.
Lawmakers have the power to file what are called SB 1487 complaints against cities and counties with the Attorney General’s Office.
If the municipality is in violation of a state law, the state will then withhold a portion of its funding.
A handful of Republican leaders in the state Legislature most recently challenged Pima County over a resolution the board of supervisors passed on Feb. 17 banning “immigration enforcement” operation from taking place on county property or with county resources.
The resolution passed 4-1, without the support of sole Republican Steve Christy.
The supervisors noted in the resolution that recent immigration enforcement activities have “trampled on civil and constitutional rights, recklessly endangered citizens and non-citizens alike, and culminated in the deaths of detainees and peaceful protesters.”
Sen. John Kavanagh (R-Fountain Hills) said the county can’t discriminate against ICE because of a few instances.
“A small number of police officers engage in some egregious conduct, some of which the Democrats complain about in Phoenix, yet I don't see anybody blocking Phoenix police from going to locations,” Kavanagh said. “You can’t cherry pick, and you can’t judge an agency based on isolated actions. In fact, I haven’t heard any negative stuff about ICE enforcement in the last month or so.”
The resolution states no county property can be used as “a staging area, processing location, or operations base for civil immigration enforcement.”
It calls for county buildings to put up signs referencing the resolution and encourages counties and agencies to use physical barriers like locked gates to limit access to county-controlled lots and garages.
It also restricts county employees from assisting or even cooperating with immigration enforcement, including letting agents access specific people.
“Pima County has egregiously violated state law by restricting the activities of immigration enforcement officers and adding extra requirements on their enforcement efforts,” Kavanagh said.
Arizona state law prohibits limiting cooperation with “the enforcement of federal immigration laws to less than the full extent permitted by law.”
Phoenix
The complaint against Pima County is the second of its kind. Rep. Quang Nguyen (R-Prescott Valley) filed a complaint against the city of Phoenix earlier this year for a similar new policy.
When Republicans controlled both the state attorney general’s office and the state legislature, SB 1487 complaints were much more common. But Nguyen was the first legislator to file one this year.
The Phoenix City Council’s policy bans immigration agents from using city property for immigration enforcement, without permission from the city manager.
“This discretionary approval structure creates a substantial risk that enforcement will be delayed, impeded, or denied altogether. Even when enforcement is not formally prohibited, the denial of access to strategically necessary municipal property can functionally limit enforcement operations,” Nguyen wrote in his complaint.
Lawmakers described the Phoenix policy as “effectively putting a political gatekeeper in control of federal operations” in a joint statement.
“We're seeing Democrat-run local governments put radical political agendas ahead of public safety,” Senate President Warren Petersen (R-Gilbert) wrote. “Instead of supporting law enforcement and protecting their citizens from crime, they're creating barriers that make it harder to enforce the law and easier for criminals to stay in our communities.”
Democratic Attorney General Kris Mayes has 30 days from the time of the request to complete an investigation into the county and determine whether it violates the law.
Kavanagh said he and other legislative leaders chose to make an SB 1487 complaint instead of filing a lawsuit because it’s faster and free.
However, the lawmakers noted in their complaint that they don’t have complete trust in Mayes, since she’s criticized ICE.
“Given her record and her public opposition to immigration enforcement, there is a serious question about whether she can review this case objectively,” Kavanagh said in a statement. “This is not a policy debate. The law is clear, and it must be applied.”
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