Maricopa County Asks AG Bondi To Drop Lawsuit, Consent Decrees Hindering Police

Maricopa County Asks AG Bondi To Drop Lawsuit, Consent Decrees Hindering Police

By Staff Reporter |

Maricopa County leadership is asking U.S. Attorney General Pam Bondi to drop a lawsuit against Phoenix police and limit consent decrees.

In a letter sent to Bondi on Tuesday, Maricopa County Board of Supervisors Chairman Thomas Galvin made the case to drop the ongoing Department of Justice (DOJ) lawsuit against the Phoenix Police Department and further restrict consent decree usage in order to improve law enforcement capabilities.

“My colleagues and I share a commitment to effective policing,” said Galvin. “Federal oversight is an affront to federalism.”

Galvin said the controls exercised by the judicial branch over policing in recent decades amounted to “an assault on federalism and a quiet tyranny” perpetrated by activists. The chairman reminded Bondi that no instances of racial profiling in traffic stops emerged in Maricopa County following the 2013 ruling in Ortega Melendres, et al. v. Arpaio, et al. In that case, the ACLU, ACLU of Arizona, Mexican American Legal Defense and Educational Fund, and law firm Covington & Burling sued on behalf of Latino residents alleging Maricopa County Sheriff’s Office committed racial profiling in traffic stops when inquiring after immigration status.

“Tragically, one of the largest obstacles to protecting our citizens is legal: judicial takeovers of law enforcement through consent decrees, court-appointed monitors, and judgments that mutate over time to prevent local governments from ever satisfying their requirements and regaining local control,” wrote Galvin. 

Galvin reported Maricopa County spent over $300 million on the consent decree and independent monitoring to comply with the 2013 federal court ruling. Galvin asked Bondi to restore limitations on consent decrees in order to lift the fiscal and administrative burdens on Maricopa County law enforcement. 

Galvin also asked Bondi to drop the lawsuit against the Phoenix Police Department (PPD). Last June, the Biden administration’s DOJ accused PPD and the city of Phoenix of committing civil rights violations: excessive force and unjustified deadly force; unlawful detainment, citations, and arrests of homeless individuals; unlawful disposal of homeless belongings; discrimination against Black, Hispanic, and Native American individuals; free speech punishments; and discrimination against mentally ill individuals. 

The DOJ’s accusations were a result of their investigation opened in August 2021. The DOJ sought to enter into a consent decree and independent monitoring, but the city refused.

“It simply sets the stage for a judgment that allows a federal judge to take over law enforcement in America’s fifth-largest city — exactly the nightmare that Maricopa County is living already,” wrote Galvin. “I am certain you will agree that our communities will only be safer and stronger if they were able to commit every resource to fighting the flow of drugs, violence, and human smuggling rather than chasing the whims of a federal judge.”

The county does have some support for an end to the lawsuit at the federal level. 

Last month, Congressman Abe Hamadeh submitted a similar request letter to FBI Director Kash Patel requesting a rescission of the DOJ’s “desperate witch hunt” report on PPD. 

“It is nothing more than an attempt to undercut valid police work, leaving my constituents — both officers and civilians — at risk,” wrote Hamadeh. “Despite the Biden DOJ’s baseless claims, our officers did everything right, voluntarily cooperating in good faith, opening their records, and participating in lengthy interviews. They were met with stonewalling, mischaracterized testimony, and a final report riddled with glaring inaccuracies.”

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DOJ Ceases Legal Challenge To Arizona’s Proof Of Citizenship Laws

DOJ Ceases Legal Challenge To Arizona’s Proof Of Citizenship Laws

By Staff Reporter |

The Trump administration will no longer continue its legal challenge to Arizona’s documentary proof of citizenship (DPOC) laws.

The Department of Justice (DOJ) filed a brief on Tuesday motioning to drop the case. 

Assistant Attorney General Harmeet Dhillon filed the brief the very day after she was sworn into her position within the Civil Rights Division, alongside the controversial Interim Attorney for the United States Attorney’s Office for the District of Arizona, Timothy Courchaine. 

Senate President Warren Petersen called the development “a major win for election integrity and the rule of law” in a statement Wednesday. Petersen previously submitted a letter to the DOJ requesting they drop the case. 

“The @azsenategop and @azhousegop will continue to defend this law against the special interest groups challenging it,” said Petersen. 

Petersen submitted his request letter to Attorney General Pam Bondi in mid-February. 

The case, Mi Familia Vota v. Fontes, is before the Ninth Circuit Court of Appeals. 

Arizona’s DPOC laws required automatic rejection of Arizona state form registration submissions lacking DPOC, prohibited individuals who hadn’t provided DPOC from voting for a president or returning a ballot by mail, and added mandatory fields to the state registration form for a registrant’s birthplace and a checkbox confirmation of the applicant’s U.S. citizenship. 

Last August, the Ninth Circuit Court of Appeals ruled Arizona would have to accept state voter registration forms without DPOC. 

Tuesday’s motion by the DOJ was the latest in the Trump administration’s efforts to cease legal action against states’ election laws. 

Last month, the DOJ dropped multiple election-related lawsuits in Texas, Georgia, and Louisiana initiated under the Biden administration. Those lawsuits opposed voting maps and election integrity initiatives, respectively. 

President Donald Trump and his administration have also taken steps to require proof of citizenship in elections, prompting resistance from the state’s top Democratic leaders. 

Arizona Secretary of State Adrian Fontes, alongside Attorney General Kris Mayes, filed a lawsuit against the Trump administration over President Donald Trump’s recent executive order requiring DPOC to register to vote in federal elections as well as requiring all ballots to be received by Election Day. 

Last week, Mayes and Fontes held a joint press conference announcing their lawsuit and accusing Trump of “unconstitutional intrusion” on states’ rights and congressional authority regarding elections. The pair want Trump to go through — not around — Congress for any election law changes. 

“If President Trump wanted to make laws then he should have run for congress where the U.S. Constitution says that work is done,” said Fontes. “If the President wants to reshape our elections, he must propose realistic bipartisan legislation in Congress instead of forcing states into unfunded mandates through unlawful executive orders.”

“Clearly, Trump only supports state’s rights when it suits him,” said Mayes.

Last month in another case pertaining to DPOC, the Arizona Court of Appeals ruled against the Elections Procedure Manual (EPM) produced by Secretary of State Adrian Fontes. Fontes’ EPM would have allowed voters who failed to submit or couldn’t achieve verification of their DPOC.

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Arizona Legislature Passes Bill Defining Biological Sexes

Arizona Legislature Passes Bill Defining Biological Sexes

By Staff Reporter |

The Arizona legislature passed a bill recognizing the existence of only two genders and defining sex-based terms. 

The Senate passed HB 2062 on Tuesday along party lines. 

The bill from State Rep. Lisa Fink established definitions for the two genders and all related gendered terms: “boy” defined as “a human male who has not yet reached adulthood”; “father” defined as “a male parent of a child or children as defined by law”; “female” defined as “an individual who has, naturally had, will have, or would have, but for a developmental anomaly or accident, the reproductive system that at some point produces ova”; “girl” defined as “a human female who has not yet reached adulthood”; “male” defined as “an individual who has, naturally had, will have, or would have, but for a developmental anomaly or accident, the reproductive system that at some point produces sperm for fertilization of female ova”; “man” defined as “an adult human of the male sex”; and “mother” defined as “a female parent of a child or children as defined by law.”

HB 2062 also defined “sex” to mean “a person’s biological sex, either male or female, at birth.” 

Governor Katie Hobbs is unlikely to approve this bill. She vetoed similar legislation last year (SB 1628), writing in a brief explanation letter that she would not harm residents of the state.

“As I have said time and again, I will not sign legislation that attacks Arizonans,” wrote Hobbs. 

Hobbs has declared that individuals become the gender they believe they are, as opposed to their biological sex.

The Independent Women’s Network (IWN) — a grassroots activist group heavily involved in preserving sports participation based on biological sex — launched a campaign to urge Hobbs to go back on her past stances on transgenderism and sign HB2062 into law. One of IWN’s most prominent ambassadors is Riley Barker (nee Gaines), the collegiate swimmer turned political activist after losing to Lia Thomas, a male swimmer who identifies as a female. 

“Call upon Governor Hobbs to sign this common sense, pro-woman measure into law to prevent sex discrimination in Arizona,” stated IWN. “We cannot fight sex discrimination if we cannot define ‘sex.’”

Senate Democrats argued for the reality of transgenderism. State Sen. Analise Ortiz said that males who believe they are females should be viewed as such. 

“This should terrify us because trans women and girls are already a vulnerable population and this would only make them more vulnerable,” said Ortiz. “The explicit goal is to erase trans people from public life, including causing them to lose their jobs. It is wrong. We just need to respect people for who they are.” 

The bill passed out of the House in February, where it also passed along party lines.  

State Rep. Stephanie Simacek called the reality of gender “narrow and outdated.”

State Rep. Lorena Austin cited “her lived experience” as a “nonbinary” and “gender nonconforming” to argue against the bill. Austin claimed Christians had no right to determine what constituted gender in the law. 

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Arizona Leaders Convince EPA To Cease Penalizing States For Foreign Air Pollution

Arizona Leaders Convince EPA To Cease Penalizing States For Foreign Air Pollution

By Staff Reporter |

The Environmental Protection Agency (EPA) will no longer penalize Arizona and other states for foreign air pollution affecting state levels.

The EPA decision follows local and statewide efforts by Arizona’s elected and grassroots leaders in recent years to toss this regulation. 

Among those engaging with the EPA was the Arizona Free Enterprise Club (AFEC). The grassroots organization’s president, Scot Mussi, commended the EPA decision. 

“Due to this regulation from the Biden Administration, Arizona was being forced to adopt radical control measures, like banning gasoline-powered vehicles, which still would have left our state short of meeting the ozone standard,” said Mussi. “Yet again, the left’s environmental policies have proven to be disastrous and unworkable. For the good of our state and country, we must never repeat these mandates.”

EPA Administrator Lee Zeldin announced on Monday it would rescind the Guidance on the Preparation of Clean Air Act Section (CAA) 179B Demonstrations for Nonattainment Areas Affected by International Transport of Emissions. 

The EPA published a press release, also on Monday, detailing the changes to air pollution regulations. The rescinded guidance effectively penalized states for air pollution caused by other countries.

“This guidance made it unnecessarily difficult for states to demonstrate that foreign air pollution is harming Americans within their borders,” stated the EPA. “States should not be penalized for air pollution beyond their control, including pollution crossing international borders into the United States.”

In a statement, Zeldin said U.S. citizens shouldn’t be held responsible for other nations’ air pollution failures. 

“Americans should not be harmed by other countries that do not have the same environmental standards we have in the United States,” said Zeldin. “Not only are we eliminating cumbersome red tape that placed an excessive burden on states to prove emissions were from an international source, but we are also helping states across our nation prosper while ensuring they continue to provide clean air for their residents.” 

The EPA said it would work with state and local air agencies to secure regulatory relief under the rescinded guidance. 

The guidance emerged in December 2020 during the last month of the first Trump administration. The guidance was intended to assist state, local, and tribal air agencies with developing a demonstration on how a nonattainment area would be able to attain or would have attained relevant National Ambient Air Quality Standard if not for other countries’ air pollution.

Last month, the EPA agreed to reconsider its determination that the Northern Wasatch Front in Utah failed to attain the 2015 Ozone National Ambient Air Quality Standards.

This latest policy change aligns with the Trump administration’s designs for the EPA under Zeldin outlined in his Powering the Great American Comeback initiative. Zeldin declared in his announcement of the initiative that conservation was inherently a core principle of conservatism.  

This initiative announced in February proposes five new pillars of guidance for the EPA’s work over the first 100 days and throughout the next four years, all centered around American independence and dominance: securing clean air, land, and water for all Americans; restoring American energy dominance; permitting reform, cooperative federalism, and cross-agency partnership; making the U.S. the artificial intelligence capital of the world; and protecting and bringing back American auto jobs.

In a joint press release issued on Monday, Maricopa County Chairman Thomas Galvin and Supervisor Debbie Lesko said they made the case in a meeting last month with the EPA of the difficulty for states to prove certain air pollution impacts. The stance from current county leadership marks a departure from past leadership, which advanced measures to meet EPA compliance on ozone standards. 

“At that meeting, county leadership demonstrated how difficult it has been for states like Arizona to prove the impact of air pollution from international transport, and as a result, we risk more regulation,” said Galvin and Lesko. “As Administrator Zeldin said, today’s announcement is a step in the right direction for states looking to balance the need for clean air with the importance of economic development.”

Galvin and Lesko also thanked Senator Mark Kelly for providing assistance on the issue.

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American Smuggler Of Illegal Aliens In Critical Condition After Evading Border Patrol Agents

American Smuggler Of Illegal Aliens In Critical Condition After Evading Border Patrol Agents

By Staff Reporter |

An American citizen is in critical condition after evading Border Patrol agents while smuggling illegal aliens over the weekend.  

Customs and Border Protection (CBP) detailed the incident in a Tuesday press release. Detection technology observed the unnamed citizen driving a “suspicious” white Nissan Rogue traveling northbound from the border near Parker Canyon Lake around Sonoita around 3 pm on Saturday. The pursuit leading to the crash began after field agents located the car driving on state Route 83.

The vehicle stopped briefly to allow three individuals to exit, where they ran into the surrounding high desert. The vehicle continued northbound to evade Border Patrol agents along the highway, driving further for about four miles before apparently losing control and rolling onto its side. The driver lost consciousness on impact and sustained critical injuries. 

Agents arrested two Guatemalan illegal immigrants and one Mexican illegal immigrant following the crash. All face charges for illegal reentry into the country, while the incapacitated driver faces alien smuggling charges. 

U.S. citizen involvement in illegal alien smuggling has continued even amid heightened border security and mass deportation efforts under the Trump administration. A key initiative concerned Mexico and Canada committing 20,000 total troops and personnel to the southern and northern borders, respectively, to stop illegal immigration and drug smuggling. 

Border Patrol also recently teamed up with the Department of Defense to beef up border security.

Field agents apprehended other Americans smuggling seven illegal aliens on Tuesday, also in the Sonoita area. The illegal aliens faced illegal entry and illegal reentry charges. 

Two vehicles driven by two American citizens were apprehended in Willcox earlier this week. 

AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.