On Monday, the Arizona State Senate Republican Caucus announced that President Warren Petersen and House Speaker Ben Toma had filed a lawsuit against the Biden Administration’s “unlawful, dictator-style land grab last summer in northern Arizona.” The challenge, which “attempts to reverse Biden’s confiscation of nearly a million acres of land within Coconino and Mohave Counties,” was launched in the U.S. District Court for the District of Arizona.
🚨FOR IMMEDIATE RELEASE: President @votewarren Leads Coalition in Legal Battle Against Joe Biden's Unlawful, Dictator-Style Land Grab in Arizona
Back in August 2023, President Joe Biden visited Arizona to establish the Baaj Nwaavjo I’tah Kukveni – Ancestral Footprints of the Grand Canyon National Monument. In his signed proclamation, Biden stated, “Protecting the areas to the northeast, northwest, and south of the Grand Canyon will preserve an important spiritual, cultural, prehistoric, and historic legacy; maintain a diverse array of natural and scientific resources; and help ensure that the prehistoric, historic, and scientific value of the areas endures for the benefit of all Americans.”
“This federal confiscation promises to wreak havoc on our local and state economies, jeopardize the livelihoods of our citizens, and compromise national security, all in an attempt to score cheap political points with radical environmentalists,” said President Petersen. “Biden’s maneuver is incredibly disingenuous, as it has nothing to do with protecting actual artifacts. Instead, it aims to halt all mining, ranching, and other local uses of federal lands that are critical to our energy independence from adversary foreign nations, our food supply, and the strength of our economy.”
Petersen highlighted the lack of defense against Biden’s executive overreach from the state’s Democrat attorney general, which has been a common refrain from legislative Republicans over the past few months. He said, “Needless to say, I’m incredibly disappointed our Attorney General has once again failed to carry out the duties of her office in defending our state against this reckless federal overreach and is instead showing her complicity with Biden’s extremist agenda. Nonetheless, we look forward to prevailing in court and for the president’s abuse of power to be reined in.”
Arizona Treasurer Kimberly Yee, another Republican, also joined in the lawsuit. According to a press release sent from her office, Yee signed on “as she is responsible for the receipt and investment of all revenue from Arizona state trust land.”
I am suing the Biden Administration for violation of the Antiquities Act. Biden's unlawful land grab will directly affect our economy and the livelihoods of our citizens by devaluing state trust lands. It must be stopped.
— Arizona Treasurer Kimberly Yee (@AZTreasurerYee) February 12, 2024
In a statement that accompanied her announcement, Yee said, “We must protect the value of state trust lands for the future of Arizona. This unlawful land grab by the Biden Administration will directly affect Arizona’s economy and the livelihoods of our citizens. The Federal Government needs to compensate the permanent school fund for the tens of thousands of trust land parcels left economically isolated by the stroke of the pen by President Biden. This big hand of government will hurt our K-12 education beneficiaries the most.”
Yee added, “The suit affirms that Congress passed the Antiquities Act to protect just that: antiquities. It did not pass the law to allow the Biden Administration to declare every inch of federal land a monument.”
Mohave County and the towns of Colorado City and Fredonia also joined the Arizona Legislature and the Treasurer’s Office in the lawsuit.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
A bipartisan Second Amendment bill is making its way through the Arizona Legislature this session.
Earlier this week, HB 2617 cleared the Arizona House Committee on Military Affairs and Public Safety (MAPS). The proposal, which was sponsored by State Representative Alma Hernandez, would “lower thresholds for the juvenile restoration of firearm rights subsequent to a juvenile felony criminal conviction,” according to the overview provided by the Arizona House.
In a statement on the platform “X,” Hernandez said, “It was a super long day, but tonight, my bill, HB2617, passed out of committee! This bill will give youth the ability to destroy their juvenile record at 18 for most offenses; for other offenses, at the age of 25- it would allow youth who complete their court consequence proceedings to enter adulthood without the stigma of their past indiscretions.”
It was a super long day, but tonight, my bill, HB2617, passed out of committee! This bill will give youth the ability to destroy their juvenile record at 18 for most offenses; for other offenses, at the age of 25 -it would allow youth who complete their court consequence… pic.twitter.com/jXcq3QFiUl
Representative Hernandez, a Democrat, added, “Currently, courts are denying the request of many 18 y/o to destroy their juvenile records because they are not eligible to have their gun rights restored at 18. This language has been confusing for years. Big thanks to 2 of my friends and juvenile public defenders who came to support and testify! It’s time to fix it. Thanks to all who supported me!”
The Arizona House Democrats Caucus “X” account also noted the achievement, writing, “Congratulations to Rep. Alma Hernandez for HB 2617 passing the Military Affairs & Public Safety Committee this evening! On to the Floor soon.”
Congratulations to Rep. @almaforarizona for HB2617 passing the Military Affairs & Public Safety Committee this evening! On to the Floor 🔜 pic.twitter.com/m7XBhSQxzu
The bill passed out of the MAPS Committee with a 13-1 vote. One member voted “Present” on the legislation.
On the State Legislature’s Request to Speak system, representatives from Stand for Children, Arizona Veterans, Pima County, and Arizona LeadingAge registered their support for the bill, while a representative from Arizona National Organization for Women registered in opposition.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Another Border Patrol agent suffered injuries near Arizona’s southern border.
On Tuesday, the Chief Patrol Agent of the U.S. Border Patrol’s Tucson Sector, John R. Modlin, announced that one of his agents had been injured while on duty. Chief Modlin wrote, “On February 13, 2024, at approximately 8:00 a.m., a vehicle being pursued by the Tohono O’odham Police Department struck a Border Patrol agent at the SR86 Immigration Checkpoint near Three Points, Arizona. Three Points Emergency Medical Services responded and determined the agent sustained non-life-threatening injuries; but airlifted the agent to Banner University Medical Center in Tucson, Arizona for treatment.”
Modlin added that the “Federal Bureau of Investigation and CBP’s Office of Professional Responsibility are investigating.”
The incident in the Tucson Border Sector follows a number of recent episodes where federal or local law enforcement agents have been injured at their southern Arizona posts. In October 2023, Chief Patrol Agent Sean L. McGoffin of CBP’s Yuma Sector announced that “a vehicle hit the checkpoint located on I-8 east of Yuma, critically injuring two of our agents. They are being treated for their injuries at a Phoenix-area hospital.”
Yuma Sector would like to thank our community for the thoughts and prayers for our injured agents. On Saturday, a vehicle hit the checkpoint located on I-8 east of Yuma, critically injuring two of our agents. They are being treated for their injuries at a Phoenix-area hospital. pic.twitter.com/v6qh7UQO69
— Chief Patrol Agent Sean L. McGoffin (@USBPChiefYUM) October 24, 2023
Last fall, a Cochise County Deputy Sheriff was seriously injured as he attempted to stop a suspected smuggler, who was trying to evade apprehension in her vehicle. When talking to local media about the rash of similar incidents plaguing his county and department, Sheriff Mark Dannels said, “Just this week alone, I’ve had a patrol car damaged, I’ve had two officers, deputies that were trying to be run over by smuggler drivers. This is every day down here.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
A controversial border proposal is making its way through the Arizona Legislature.
On Monday, the Arizona House Military and Public Safety Committee (MAPS) gave a green light to HB 2748, which “establishes penalties and enforcement against illegal border crossings,” according to the overview provided by the State House of Representatives. The proposal, which mirrors recent legislation out of Texas, has garnered the support of every Republican in the chamber, ensuring its likely passage out of the House – and possibly the Senate.
✅FOR IMMEDIATE RELEASE✅ House Republicans Unite to Protect State of Arizona from President Biden’s Historic Open Border Crisis
Arizona State Representative Joseph Chaplik, the sponsor of the bill, said, “Under the Biden administration, the consistent refusal to enforce our nation’s federal immigration laws has led to an unprecedented surge of illegal immigration across our southern border, constituting a historic invasion. Despite the legislature’s repeated calls for action, President Biden and Congress has failed to address this crisis. This dereliction of duty has allowed open-border policies to prevail, undermining the rule of law.”
According to the press release from the Arizona House of Representatives Republican Caucus, HB 2748 would do the following:
Establish a class 1 misdemeanor (or a class 6 felony for subsequent offenses) for individuals entering Arizona from a foreign country as aliens, except through legal ports of entry.
Impose a class 1 misdemeanor for aliens re-entering the U.S. through Arizona if they were previously deported, excluded, or left while a deportation or exclusion order was pending.
Elevate the offense to a class 3 felony if the alien was removed due to multiple drug misdemeanors, federal inadmissibility, terrorism involvement, or removal following a nonviolent crime.
Elevate the offense to a class 2 felony if the alien was removed after committing a felony.
Provide for an order of return for aliens violating the law, with failure to comply constituting a class 2 felony.
Grant immunity from civil liability for local and state government officials, employees, and contractors enforcing the law, with indemnification for civil actions under federal law.
Mandate the Arizona Attorney General to pursue all available remedies to recover federal reimbursements for state costs incurred due to illegal immigration.”
When HB 2748 passed the MAPS Committee, all eight Republicans voted in favor of the bill, and all seven Democrats voted against. Democrat State Representative Marcelino Quiñonez attacked the legislation, saying, “We know this bill is unconstitutional, but we are going through this exercise for talking points.”
HB2747 is on its way to a veto.
State laws cannot trump federal immigration laws.
We have a serious issue at the border & need real policy solutions not unconstitutional bills to pass committee. https://t.co/QcyK3GKZ8O
On the Arizona Legislature’s Request to Speak system, a representative for Heritage Action for America signed in support of HB 2748; while representatives from the American Civil Liberties of Arizona, CHISPA Arizona, Living United for Change in Arizona, AZ National Organization for Women, and State Conference NAACP noted their opposition to the legislation.
Though Democrat Governor Katie Hobbs has ramped up her rhetoric against the border crisis in recent months, she is almost certain to veto HB 2748 should it clear both legislative chambers and reach her desk on the Ninth Floor of the Arizona Executive Tower. Hobbs and Republican lawmakers have been unable to come to any accord on border security proposals since the state entered a time of divided government in January 2023.
Despite this bill having no chance of becoming law in 2024 – or over the next two years, Representative Chaplik is pressing ahead with his efforts due to the dire state of the crisis at the border. Chaplik said, “The consequences are dire: an uncontrolled border presents both security and humanitarian crises. The surge in violence, coupled with the rampant smuggling of illegal drugs, weapons, and human beings, poses an imminent threat to our communities, our state, and the safety of innocent Americans. It is imperative that we act swiftly to secure our borders and restore order, safeguarding the integrity of our nation and protecting our citizens. Just as the State of Texas is defending itself, this bill will allow the State of Arizona to defend itself at the border.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Late last month, the Arizona State House Judiciary Committee approved, HB 2435, which was sponsored by Speaker Ben Toma. The bill would “require a person who is convicted of a third or subsequent organized retail theft offense to be sentenced as a category two repetitive offender in certain circumstances,” according to the overview provided by the chamber.
HB 2435 passed the committee along partisan voting lines – 6-3, with all Republicans voting to affirm the legislation.
Before the committee’s vote, Toma hosted a press conference outside of the state capitol with Maricopa County Attorney Rachel Mitchell, who announced her strong endorsement of the legislation. Mitchell took to the platform “X” to share an update from the event, writing, “Thank you, Rep. Ben Toma, for your help in combatting Organized Retail Crime. If you plan to commit this crime, plan to stay. In Maricopa County, we will prosecute retail theft!”
Thank you, @RepBenToma, for your help in combatting Organized Retail Crime. If you plan to commit this crime, plan to stay.
— Maricopa County Attorney Rachel Mitchell (@Rachel1Mitchell) January 31, 2024
Toma added, “California may tolerate lawlessness, but my bill, HB 2435, will tell criminals that they’ll pay a heavy price for stealing. A big shout out to Rachel Mitchell and AZ Retailers for working with me on this important legislation!”
California may tolerate lawlessness, but my bill, HB2435, will tell criminals that they’ll pay a heavy price for stealing.
In the Arizona Legislature’s Request to Speak system, representatives from Quiktrip, AZ Retailers Association, Combined Law Enforcement Association of Arizona, AZ Food Marketing Alliance, AZ Association of Counties, and the Greater Phoenix Chamber of Commerce registered their support for the bill. Representatives from the AZ National Organization for Women, State Conference NAACP, Rural Arizona Action, ACLU of Arizona, and AZ Attorneys for Criminal Justice signed in to oppose the proposal.
The efforts to augment penalties for these organized retail theft crimes continue the state’s already strong reputation on this front. Arizona has an Organized Retail Crime Task Force, which commenced under former Attorney General Mark Brnovich’s administration and is housed in the State Attorney General’s Office.
In December 2021, Brnovich wrote an opinion piece for the Wall Street Journal, warning would-be criminals of his office’s efforts to investigate and prosecute these offenses – especially in the wake of the lawlessness in Arizona’s neighboring state to the west. He wrote, “As Arizona’s attorney general, I have refused to capitulate to the lawless mob…We expect our efforts will deter such theft and hope our task force becomes a model for California and other states.”
Current Attorney General Kris Mayes has continued to combat these crimes, including over the just-completed Christmas holiday. In December, her office announced that it had “seized thousands of cloned gift cards and other merchandise in partnership with the Arizona Retailers Association and with the help of law enforcement partners.” Mayes’ coalition also arrested eight people “as part of an alleged scheme to defraud retailers and consumers.” The first-term attorney general said, “The successful seizure of thousands of cloned cards and the arrest of several individuals reflects my office’s unwavering dedication to stopping organized retail theft across Arizona.”
Maricopa County Attorney Rachel Mitchell also has a strong presence against organized retail theft. In 2023, her office announced that it had made 354 bookings over these crimes, which was the most in the county since 2020. Additionally, in November 2023, Mitchell started a ‘Safe Shopping’ Campaign “to stop this fast-growing category of lawlessness.” Mitchell said, “Here’s what I say to the thieves who commit these crimes: we will find you, you will be arrested, and we will prosecute you to the fullest extent of the law.”
The Maricopa County Attorney’s Office gives three tips to Arizonans to help them experience ‘safe shopping.’ Those include:
Be patient with retailers. While it might take an extra minute to get an item (decongestants, for example) from behind a locked display, it’s worth it. Know you’re doing your part to keep prices low and keep crooks at bay.
Never engage with thieves. If you’re suspicious, reach out to a store manager. Never confront a thief on your own.
Keep your personal items locked up. If you carry a handbag, keep it closed and close to you. If you leave purchases in your car between shopping stops, make sure that vehicle is locked up tight.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
