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Despite recent veto, head of Arizona Sheriffs’ Association supports Arizona ICE Act

A member of U.S. Customs and Border Protection walks past a group of migrants hundreds of migrants gather along the border Tuesday, Dec. 5, 2023, in Lukeville, Arizona. (AP Photo/Ross D. Franklin)

Despite recent veto, head of Arizona Sheriffs’ Association supports Arizona ICE Act

Key Points:
  • The head of the Arizona Sheriffs’ Association spoke in favor of the Arizona ICE Act
  • The measure would have required local officials to detain suspects marked by federal officials for deportation
  • The bill was vetoed by the governor, but some legislators want it on the 2026 ballot

The head of the Arizona Sheriffs’ Association said on April 21 that he and his counterparts in all 14 counties should be forced by state law to hold those they have arrested if they are wanted by Immigration and Customs Enforcement.

At a press conference, Yavapai County Sheriff David Rhodes said he disagrees with the decision of Gov. Katie Hobbs to veto legislation designed to ensure more cooperation between local and federal officials. That measure specifically included a mandate that county sheriffs honor “detainer” requests made by ICE to hold those who have been arrested on state crimes until the federal agency can pick them up.

That is something that sheriffs can do now, and Rhodes said he believes a majority of the sheriffs do comply already.

“But you have a handful that are not,” he said.

Rhodes did not name names. But Pima County Sheriff Chris Nanos is among those who said his agency will not participate in plans by ICE to conduct mass deportations, including holding those in county jails for anything beyond the state crime for which they were arrested.

That, said Rhodes, is wrong.

“The state should be telling those sheriffs, ‘If you have somebody in your custody, and that person has committed crime, particularly violent crime, and they are subject to removal from this country, they must notify the immigration authorities,”’ he said. “I do believe that that is a fair, common sense, piece of legislation and direction that they need to follow.”

The requirement to hold individuals for ICE was just part of what was in the bill vetoed by Hobbs.

It also would have authorized the attorney general to file suit against any non-cooperative law enforcement agency and prohibited state and local agencies from adopting or enforcing any policies that prohibit cooperation with federal immigration authorities. And it also directed the attorney general, on request of any legislator, to investigate those entities that restrict such cooperation.

Hobbs, in her veto message, said she was unwilling to “force state and local officials to taking marching orders from Washington, D.C.”

But Senate President Warren Petersen said this would have amounted to state lawmakers, not the federal government, setting policy for state and local governments. The Gilbert Republican who crafted the now-vetoed bill said it served a public purpose: allowing immigration officials to take those not here legally into custody at a jail versus having agents go look for them in the community, a much riskier process.

What’s next for the measure remains unclear. One option is put the measure on the 2026 ballot.

Petersen said voters already have made it clear they support greater local involvement in enforcement of immigration laws, citing the approval of Proposition 314 in November by a 63-37 margin.

That measure made it a state crime, enforceable by state and local police, for anyone who is not a citizen to enter Arizona at anything other than a port of entry. Additionally it gave new requirements for verification of immigration status by those seeking public benefits, and made it a felony to submit false documents when applying for a job or seeking benefits.

But Petersen said Republicans may have a higher priority for the 2026 election.

“The governor will be on the ballot,” he noted. “So, part of the equation will be, is the focus going into getting a governor that will sign the bill, or does this go on the ballot with her?”

Petersen said the bill that went to the governor did include some compromises, mainly changes sought by law enforcement. But he said he would not have made other changes in an effort to line up votes or address concerns.

One of those objections was that, as worded, the measure requiring cooperation with ICE would have affected not just city and county policies but also those of public schools. That drew concerns from some school districts who said they did not want to be forced to allow immigration officials onto their campus.

Petersen brushed aside their concerns.

“That’s the case right now,” he said. “ICE can already go into schools.”

He also derided Hobbs who said in her veto message that she is using state resources the way they are designed: to stop the flow of fentanyl across the border.

“Just 90 days ago, the Coconino County Sheriff’s Office conducted a traffic stop along I-40 and found 24 pounds of fentanyl in the vehicle,” Petersen said. “The governor’s policies are not stopping fentanyl from being transported into our state.”

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