Howard Fischer, Capitol Media Services//January 14, 2025//[read_meter]
Howard Fischer, Capitol Media Services//January 14, 2025//[read_meter]
A Casa Grande Republican lawmaker wants to force Gov. Katie Hobbs to cooperate with any federal order issued by President Trump when he takes office to begin mass deportation of those not here legally.
And Rep. Teresa Martinez wants the same mandate on Attorney General Kris Mayes.
But to make that the law in Arizona, she will need to first get Hobbs’ signature on her HB 2099. And a press aide to the Democratic governor, who has sought to say she’s willing to work with Trump on at least some immigration issues, declined to say what his boss will do with the bill if and when it reaches her desk.
Mayes, however, said through her own spokesman that a blanket requirement to go along with whatever Trump wants – which is what could be covered under the wording of the legislation – is unacceptable.
“We’re going to wait and see what the new administration’s plans are and then respond to them,” said Richie Taylor. “But if they are at odds with the U.S. Constitution and the rights and guarantees that it allows for, then we’re going to have an issue with that.”
And Mayes already has staked out a position that she will fight the future president if he enacts measures she believes interfere with individual rights.
Martinez, however, said the issue is much simpler for her. She said Trump’s electoral victory, including in Arizona, is a mandate for him to carry out the policies he announced during the campaign, including launching “the largest deportation operation in American history.”
Of note is that HB 2099 does not simply require Hobbs and Mayes to comply with federal law.
Instead, it mandates that they “enforce, administer and cooperate with federal actions, orders and programs that relate to the enforcement of federal immigration laws.” And given Trump’s statements about the actions he intends to take unilaterally, that could be much broader than anything Congress approves.
Martinez, for her part, does not see an issue.
“I say illegal immigrants do not have a right to be in the United States,” she said.
“Illegal immigrants do not have a fundamental right to be in the state of Arizona,” Martinez continued. “They don’t. I’m sorry. I do not believe that.”
Nor does Martinez believe her legislation runs afoul of the Republican philosophy of “states’ rights” and how that supersedes federal law. In this case, she said, HB 2099 would actually have the state voluntarily accede to do what Trump mandates.
The legislation comes at a time when both Hobbs and Mayes, in the wake of Trump’s 187,382-vote victory in Arizona and Democratic losses at the Legislature, are trying to chart a moderate path on what they think should happen to the approximately 11 million people who are in this country without authorization.
Martinez claims that Hobbs, in an interview, said “Not on my watch” when asked about cooperating with federal mass deportation efforts.
Other than some second-hand references on X, formerly Twitter, there is no evidence Hobbs actually used those words, at least not about what Trump has in mind.
But Hobbs has clearly said there are limits on her willingness to work with the new president. That includes a pre-session interview with Capitol Media Services where she said “we’re not going to use state resources to participate in misguided efforts that harm our communities.”
Still, the governor, in that same interview, sidestepped questions of what she would do if Trump issues orders to have the state police and the Arizona National Guard round up those not here legally.
“I’m not going to ‘what if’ because there’s no clear details on what exactly he’s going to do or how he’s going to carry that out,” she said.
Martinez said the issue isn’t that complex.
“What we need to do is we need to obey federal law,” she said. “And that is what the bill says.”
Martinez said her legislation to direct Hobbs and Mayes – and future elected officials – is narrowly crafted.
For example, federal law makes the possession of marijuana a crime. But Arizona voters have decided that individuals should be allowed to possess and use it.
“I didn’t say all federal laws,” Martinez said.
“This bill doesn’t affect marijuana use,” she said of the requirement to cooperate and enforce federal laws. “This bill simply says ‘immigration.’ ”
Martinez said the mandate on the governor and the attorney general in HB 2099 is necessary.
“You have a group of Democratic governors who have sworn some sort of blood oath to fight President Trump in every way, shape or form,” she said.
“Gov. Hobbs is one of those people,” Martinez said. “It is up to the Republican legislature to defend and to help Donald Trump as much as we can.”
And Martinez said if Hobbs had made no statement about cooperating, or not, with a Trump deportation plan “I would not feel the need to compel the governor or the AG of Arizona to help President Trump when it comes to immigration actions and orders.”
But it is that question of what constitutes “actions and orders,” aside from actually enacted federal laws, that her legislation would mandate the cooperation of Hobbs and Mayes.
Trump himself has referred to a 1954 order by then-President Dwight Eisenhower, which rounded up perhaps a million Mexican immigrants and some people who actually were U.S. citizens. Martinez, however, brushed aside questions of whether a presidential directive by itself, one that might even deny court hearings to those rounded up, would be something that her HB 2099 would require Hobbs and Mayes to follow.
“You’re talking about stuff that may never happen,” she said. “You’re giving me a hypothetical question that President Trump may or may not do.”
But Martinez said that ultimately comes back to the “philosophical question” of whether those not here legally have a fundamental right to be in this country in the first place.
Martinez said this isn’t meant to be “gotcha” legislation, bills being crafted by Republicans to send to the governor for an anticipated veto so they can use it against her when she campaigns for reelection in 2026.
“I hope she does sign it,” Martinez said. “I want her to sign it.”
And she noted the governor did mention in her State of the State speech on Monday the importance of the state having a role in stopping the flow of illegal drugs across the border.
“If she does not sign it, it is because she believes that illegal immigrants, illegal aliens, have a fundamental right to be in the United States,” Martinez said. “And that is it to the core.”
Nor is Martinez concerned about family separation.
She acknowledged there are people who are not here legally but who have had a child in this country who, according to a constitutional amendment, is a U.S. citizen. But Martinez said that should not be an excuse to let the parents remain.
“If you are a 2-year-old child and both your parents are illegal, then the three of you should go back to your home country,” she said.
But Martinez said there should be a path to permanent legal residency status for “dreamers” who were brought here illegally as young children but have spent at least three-fourth of their lives here. She said, however, if their parents want to apply for residency they would first have to go home to their own country.
You don't have credit card details available. You will be redirected to update payment method page. Click OK to continue.