Democratic Attorney General Kris Mayes determined Pima County is allowed to restrict Immigration and Customs Enforcement activity on county property, an opinion that drew a swift rebuke from Republican lawmakers.
The Pima County Board of Supervisors adopted a resolution on Feb. 17 barring federal immigration agents from using county property to conduct operations. It also requires the feds to obtain judicial warrants before entering county property for immigration enforcement purposes and allows the use of barriers, like fences, to restrict ICE.
A group of Republican state senators demanded Mayes investigate whether the resolution violates a state law against limiting or restricting federal immigration laws. Arizona law prohibits state entities from limiting or restricting federal immigration laws to “less than the full extent permitted by federal law.”
“The Resolution's provisions work to construct a county-wide, discriminatory barrier to federal civil immigration enforcement,” the lawmakers said in their complaint.
Effectively, they said the resolution blocks federal officers from entering places they need to go to do their job, making it harder to identify and remove “dangerous criminal illegal aliens.”
In response, Pima County officials argued state law “does not override a county’s authority to manage its own property,” but simply “regulates the use of county resources.”
Mayes determined the county’s resolution does not conflict with state law, allowing the resolution to remain in effect.
In response, Republicans accused Mayes of undermining law enforcement and putting politics ahead of public safety.
“Democrat politicians in Pima County don't want immigration laws enforced, and Kris Mayes just gave them cover to keep doing it,” Sen. John Kavanagh (R-Fountain Hills) said in a statement. “Republicans believe criminals who are here illegally should be arrested and removed, not protected by local politicians playing sanctuary city games while Arizona families pay the price.”
This is the second time in the last few months that GOP lawmakers have asked Mayes to weigh in on local and county actions aimed at federal immigration enforcement.
Rep. Quang Nguyen (R-Prescott Valley) filed a similar complaint against the city of Phoenix on March 30. He questioned the legality of a city regulation which restricts the use of city-owned property for federal immigration enforcement operations.
“Phoenix is a charter city, and its charter grants the City authority to “establish, maintain, equip, own and operate” property,” Mayes stated in her response on April 29, affirming the city regulation does not violate state law.
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