By Staff Reporter |
Attorney General Kris Mayes defended the city of Phoenix’s new policy that prevents Immigration and Customs Enforcement (ICE) from entering city property without permission.
Mayes published a 17-page investigative report last week determining the city’s action doesn’t limit or restrict enforcement of federal immigration law.
In March, Phoenix City Council approved a resolution requiring law enforcement to obtain permission from the city prior to conducting operations on property owned or controlled by the city.
Mayes ruled that requiring the city to allow federal immigration enforcement access to city property was equivalent to requiring local cooperation with federal immigration enforcement, which the federal law does not require.
“With limited exceptions, federal law does not purport to compel the states’ participation in immigration enforcement, and therefore generally permits localities to refuse cooperation with immigration enforcement activities,” stated Mayes.
Further on in the report, Mayes determined that immigration enforcement would need to obtain a judicial warrant or consent to access non-public city property without permission. Mayes said law enforcement has ample freedom to carry out immigration enforcement on public property, namely public rights-of-way, the airport, and Phoenix Municipal Court.
“This means that federal immigration officials are not presumptively prohibited from staging an enforcement operation on, for example, Phoenix sidewalks, and need not seek the City Manager’s advanced approval before commencing such operations,” wrote Mayes. “In this way, the Regulation simply designates how the City will decide whether to grant the consent to access non-public areas of City-owned property that federal law already requires immigration officials to obtain; it delegates that decision to the City Manager, in consultation with the Police Chief.”
Copied on this report were Gov. Katie Hobbs, Secretary of State Adrian Fontes, Arizona Senate President Warren Petersen (R-LD14), Arizona House Speaker Steve Montenegro (R-LD29), and State Rep. Quang Nguyen (R-LD01). Nguyen requested the report; per state law, which triggers an investigation by the attorney general.
Another one of Mayes’ interpretations of the law as it relates to ICE has been widely contested.
The attorney general made the case in a January interview that individuals had justification for shooting masked ICE agents under Arizona’s “Stand Your Ground” law.
“It’s kind of a recipe for disaster. Because you have these masked federal officers with very little identification, sometimes no identification, wearing plain clothes and masks,” said Mayes. “[The] law says that if you reasonably believe your life is in danger and you’re in your house or your car or on your property that you could defend yourself with lethal force.”
Mayes’ defense for justified shootings of ICE agents sparked bipartisan controversy. Gov. Hobbs said it was “inappropriate,” possibly dangerous, and needed to be retracted. The new chairman of the Arizona Republican Party, Sergio Arellano, said it was “reckless” and a direct endangerment of law enforcement. Legislative leaders censured Mayes.
Amid the fallout over Mayes’ remarks, anti-ICE activists have taken to vandalizing the ICE Phoenix Field Office with death threats.
Last week Mayes filed a lawsuit against the Department of Homeland Security to stop its planned ICE detention facility in Surprise.
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