Key Points:

• Governor unsure if she can take legal action against feds’ ruse 

• Ruse was used to track Tucson woman

• It’s not uncommon for law enforcement agencies to use fake identities

Gov. Katie Hobbs said on June 4 that she is reviewing the activities of federal immigration officials who impersonated utility workers in their search for people not here legally.

“I think that’s very concerting,” she said.

But Hobbs said she has no immediate answers into whether existing Arizona laws that make impersonation a crime apply — and whether, even if they do, the state can do anything about the activities of federal workers.

“We’re looking into that,” she said.

Richie Taylor, press aide to Attorney General Kris Mayes, gave a similar response.

“Obviously, it raises questions,” he said of the activities of agents from Immigration and Customs Enforcement.

All that follows reports that ICE agents, claiming to be from Tucson Electric Power, approached a woman on Tucson’s south side saying they were looking for a neighbor of hers. The neighbor, Christine Cariño, said they told her they were “trying to find somebody that wanted a free estimate.”

Only after Cariño saw a badge under the shirt of one of the men did she realize they were not who they claimed to be and went to warn her neighbor.

All that still leaves the question of what, if anything, state officials can do about it.

There are several state laws dealing with “impersonation.” It is unclear whether they apply to the facts here. For example, one law makes it a felony to assume a false identity with the intent to defraud.

It also makes it illegal to assume a false identity of a representative of some person or organization “with the intent to induce another person to provide or allow access to property.”

But there is an exception for “peace officers in the performance of their duties.”

There was no immediate response from ICE.

Looking at the legality of impersonating utility workers appears to be far more than the governor believes she can do about separate incidents in Arizona and elsewhere where ICE agents have been showing up in federal immigration court to arrest those who show up for their immigration hearings.

“What we know is they’re acting in accordance with direction from higher ups in their agency,” Hobbs said.

And that, she said, leaves her with few legal options — other than to object.

“We’re making it clear (this is) the kind of activity that we are not OK with,” the governor said. “Obviously, they can continue the activity they’re doing,” she continued. “But I think it’s really harmful.”

What it also is, said Hobbs, is wasteful.

“I want them to focus on those deportations,” the governor said. “That’s what President Trump ran on. And now they’re targeting people who are just trying to comply with the law.”

All that comes after the Department of Homeland Security rescinded prior guidance that limited ICE activity at certain locations, including courthouses.

“The ability of law enforcement to make arrests of criminal illegal aliens in courthouses is common sense,”’ said Tricia McLaughlin, an assistant secretary of Homeland Security in a recent press release. “It conserves valuable law enforcement resources because they already know where a target will be,” she said. She said it is “safer for our officers and the community,” given that people who are in courthouses have gone through security and have no weapons.

Posing as utility workers, however, appears to be a new tactic.

As to its legality — at least under federal law — the ACLU of California, using the Freedom of Information Act, obtained ICE memos that date back to 2005 and 2006 that appear to justify all that.

“Ruses are used by virtually every law enforcement agency in the federal government,” one of the memos says, saying one objective is to “prevent violators from fleeing.”

It also states that ruses may involve impersonating employment with other federal, state, or local entities — as well as with private entities.

But the memo also contains guidelines.

“It is still incumbent upon the arresting officer to provide prior notice to the affected entity,” it says. “This notice affords the affected entity the opportunity to raise concerns regarding the effect the rule may have on their security or public image.”

A spokesman for Tucson Electric declined to answer questions about what contacts the utility had with ICE, either before or after the incident, or whether it has registered an objection with the agency.

“We are limiting our response to any and all questions about this to our published statement,” said Joe Salkowski.

In that statement, the company said it “objects to any misrepresentation by anyone who falsely claims to be a TEP employee or representative.

“Any misrepresentation can create problems for TEP workers who do sometimes need access to private property to read meters, to locate and mark underground electrical facilities, to maintain or replace facilities, or for other reasons related to our service,” the company said. It also said it has advised customers “to look for the TEP logo on our employees’ clothing, safety equipment and vehicle.”