Federal, state, and local law enforcement officials across the southwestern U.S. border are preparing for an unprecedented number of non-U.S. citizens crossing into the country in May, thanks to a recent White House announcement about Title 42.
One of those officials is Chris T. Clem who took over in late 2020 as chief of the USBP’s Yuma Sector, a 181,670 square mile area along the 126 miles of U.S. / Mexico border between California’s Imperial Sand Dunes and the Yuma – Pima county line.
Clem brought 25 years of agency experience with him, including time with the El Paso Sector. But nothing could prepare him for the challenges he and his team would experience just one year later.
In early December 2021, Yuma Mayor Douglas Nicholls declared a state of emergency after USBP Yuma Sector agents apprehended 6,000 people in five days. It was the same number of apprehensions the Sector made in an average month, and many others were able to get past the overwhelmed agents.
On one weekend in mid-December, Clem announced more than 2,600 undocumented non-U.S. citizens (UNCs) had been encountered . There have also been multiple water rescues the last few months from the Salinity Canal, which has a swift current and steep banks putting agents at great risk.
While the current apprehensions in Yuma Sector are no longer breaking records, Clem’s agents have continued to stop UNCs from getting into the country. Many have been violent criminals, such as Omar Martinez-Gomez, a Mexican national arrested in March after it was determined he had been convicted of aggravated assault domestic violence for strangling his pregnant girlfriend.
Also apprehended last month was Carlos Enrique Naranjo Angel for illegally entering the U.S. after agents discovered Angel, 48, was previously convicted of sexual conduct with a child age three or under.
But come May 23, all bets could be off if the Biden Administration follows through on threats to lift Title 42 authority at the border. Title 42 of the U.S. Code has, since the 1890s, given federal public health officials power to take extraordinary measures during a pandemic to limit the introduction of communicable diseases.
Former President Donald Trump, through the Centers for Disease Control and Prevention, invoked the authority in March 2020 as a way to slow COVID-19 at the U.S.-Mexico border by permitting border officials to deny entrance to anyone trying to enter the country. Reports show that more than 1.7 million people have been turned away under Title 42 authority.
The recent decision to forgo Title 42 was made after “considering current public health conditions and an increased availability of tools to fight COVID-19 such as highly effective vaccines and therapeutics,” the CDC stated. Now, federal, state, and local officials fear the number of UNCs trying to get into the U.S. along the entire southwestern border will jump from about 7,000 per week to that many or more per day.
U.S. Senator Kyrsten Sinema has called on President Joe Biden to not end the Title 42 directive until a “firm, workable plan” is in place. Doing so without a comprehensive plan will put Arizonans as well as immigrants at risk, the Senator said.
Last month, the Chief and Sinema took part in a virtual roundtable with federal and non-governmental organizations to discuss solutions to the border crisis. Clem also spoke with Sinema about the resources which will be needed to manage the flow of immigrants.
“I’m grateful for Chief Clem’s work in keeping Arizona communities safe, and I will continue working with him and all of our partners on the ground on identifying solutions to strengthen our border security and ensure migrants are treated fairly and humanely,” said Sinema, Chair of the Senate Border Management Subcommittee.
USBP is part of U.S. Customs and Border Protection, which is now headed by former Tucson Police Chief Chris Magnus. In turn, Magnus reports to U.S. Homeland Security Secretary Alejandro Mayorkas.
Private companies are free to discriminate against a business which is connected in some way to the firearms industry, but they should not be able to contract with the State of Arizona or other public entities if they do so.
That is the gist of House Bill 2473, which would cut off government contracts to any company that will not certify it does not currently discriminate against a firearm manufacturer, retailer, wholesaler, supplier, or distributor, as well as a shooting range or firearm trade association. The company must also promise to not undertake such discrimination during the duration of the contract.
The intent is to prevent companies from using revenues procured from taxpayers to undermine the 2nd Amendment rights of those who paid for those contracts, according to HB2473’s sponsor, Rep. Frank Carroll.
HB2473 cleared the State House back in February and is now making its way through the Senate. Last week, Sen. David Gowan of the Senate Appropriations Committee welcomed testimony from people whose businesses have been impacted by discrimination against the firearms industry.
Among those who spoke was Tim Lowney, the vice president of operations for Sturm, Ruger & Company, which employees more than 400 Arizonans. Lowney told the committee that a few years ago Bank of America announced it would no longer do business with Ruger because it was part of the firearms industry.
“It was not based on any banking risks,” Lowney said, “We have a very strong balance sheet. We have virtually zero debt.”
Ruger, one of the top-rated gun manufacturers, was able to find another financial institution that wanted the company’s business, “but now that bank is starting to say the same thing,” Lowney said.
Carroll also addressed the committee, telling senators HB2473 “ensures corporations cannot benefit from contracts and subcontracts funded by taxpayers only to use their financial strength to unfairly discriminate against the firearm industry.”
His bill would apply to contracts valued at $100,000 or more offered by the State, a political subdivision of the state, or an agency, board, commission or department of the state or a political subdivision of the state.
The legislation stems in part from the Obama-era Operation Chokepoint to discourage -and in some cases, prevent- financial institutions such as banks and credit unions from providing services to a firearms manufacturer or even a neighborhood gun shop.
“Due to this deliberate action on the part of the Obama administration, some banks have ended relationships with legal and legitimate companies solely based on social and political views,” according to National Shooting Sports Foundation (NSSF) which serves as the firearms industry trade association.
The position of NSSF is that corporations are “free to hold anti-Second Amendment policies if they choose” but should then forfeit their ability to compete in Arizona for public contracts which are funded by taxpayers.
HB2473 passed the Appropriations Committee and now awaits Senate President Karen Fann’s scheduling of a Third Reading to the full Senate.
The attention to attacks by private companies such as banks against the firearms industry comes as the NSSF recently released its 2022 Firearms and Ammunition Industry Economic Report.
According to the report, the industry generated more than $70.5 billion in revenue in 2021, driven by nearly 5.4 million new gun owners in 2021. And then there are the 375,000 jobs which support the industry and generated nearly $21.4 billion in wages at a time many industries were still reeling from the pandemic.
The NSSF reported about 169,000 of those workers are employed by gun and ammunition makers, wholesalers, and dealers. The other 206,000 or so are employed by suppliers and ancillary industries.
Nearly 12,000 of the jobs, along with $778,635 in wages, were based in Arizona, the report noted. That put Arizona in the top ten of total industry related jobs. The state is also in the top 10 states for federal excise taxes generated.
“The economic contributions of our industry are indisputably contributing to every state and every community,” NSSF CEO Joe Bartozzi said in a statement. “This is the hallmark of the hard-working men and women who prove that the American firearm and ammunition industry is strong.”
This past week, Senator Mark Kelly (D-AZ) declared opposition to parental consent laws concerning abortions for minors. In remarks given to National Review, Kelly said he wouldn’t be an “arbiter of age,” insisting no age limit exists for when a minor should receive an abortion without parental consent.
“As a parent myself, somebody who has raised two daughters who are now in their mid-20s, I take this very seriously. But ultimately, I feel that young women at a certain age should have the right to make these kinds of decisions with their doctor,” said Kelly. “I’m not going to be the arbiter of an age and a timeline and red line [….] You know, people ask, ‘Is there a red line here?’ No. But I think it’s important for women to be able to make these decisions on their own, and not a bunch of folks in Washington making them for them.”
Kelly also admitted that he didn’t know or believe to be his concern the potential implications of a bill he’d voted for, the Women’s Health Protection Act (WHPA), on parental rights enshrined in Arizona’s parental consent law concerning abortions received by minors. Kelly suggested that concerned individuals such as the National Review reporter pose that question to Capitol Hill researchers.
“I think that’s something that you could, you know, reach out to the Congressional Research [Service] folks and figure out,” said Kelly.
Although Kelly argued that no age limit exists for when a minor no longer needs parental consent to receive an abortion, he’s argued that abortion on demand at any time in gestation, or “reproductive rights,” should be codified, effectively nullifying all state laws on abortion.
For almost 50 years, Roe v. Wade has guaranteed abortion access — and that can't change now.
I've co-sponsored the Women's Health Protection Act because we need to codify reproductive rights into law.
According to OpenSecrets, Planned Parenthood endorsed Kelly and donated nearly $10,000 to his campaign — the most they offered candidates’ campaigns. After his election, the Arizona political action arm of the national organization celebrated him.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Arizona Attorney General Mark Brnovich requested Cochise County Attorney Brian McIntyre to investigate the two-week suspension of the secretary of state’s signature-gathering system for candidates, E-Qual. The March 17 suspension lasted until Wednesday, five days before the April 4 deadline, disabling sections of the system for legislative and congressional candidates to submit their ballot-qualifying signatures.
Yesterday, our office referred a matter to the Cochise County Attorney to investigate and take any appropriate actions (civil and criminal) regarding the Arizona Secretary of State taking down the online E-Qual system. pic.twitter.com/izJsLPYbMf
Secretary of State Katie Hobbs warned candidates in January that she would suspend the system up until the signature-gathering deadline once the Independent Redistricting Commission (IRC) certified the new district maps. The forewarned shutdown not only caused backlash due to its impact on candidates’ signature-gathering efforts to qualify for the ballot — Attorney General Mark Brnovich warned Hobbs that such a shutdown would be illegal. In a letter, Assistant Attorney General Jennifer Wright warned Hobbs that she could face a class 3 misdemeanor — up to 30 days in jail and a $500 fine — for not fulfilling her lawful duties, or even a felony with up to a year in prison for taking down E-Qual.
Upon receipt of the letter, Hobbs sued to prevent any prosecution. The courts didn’t take her side. Maricopa County Superior Court Judge Joan Sinclair ruled that Wright’s letter wasn’t legal action, but rather a notification of Hobbs’ legal duties.
“The letter itself notifies the Secretary that in the [attorney general’s] opinion, taking E-Qual offline during the candidate filing period would be ‘contrary to law.’ It further informs the Secretary that when a duty is imposed by Title 16 on a public officer, knowingly failing or refusing to perform that duty can be either a class 6 felony or a class 3 misdemeanor,” wrote Sinclair. “While the Secretary clearly viewed this as a threat, the letter did not promise or guarantee prosecution and thus does not create a controversy properly before the court.”
Despite warnings from the attorney general’s office, the sections of E-Qual for legislative and congressional candidates were suspended on March 17. Two weeks passed. Then on Wednesday, just five days before the signature-gathering deadline, Hobbs announced that the legislative and congressional candidates’ sections of the system were back online. She conceded that the shutdown had to do with necessary redistricting updates.
Thanks to a colossal effort by #SOS staff & county officials, E-Qual is back up ahead of schedule after necessary redistricting updates for Congressional & Legislative candidates. Voters can sign E-qual petitions for Statewide, Legislative, Congressional, & some local candidates. pic.twitter.com/irEOsn1rWq
— Secretary Katie Hobbs (@SecretaryHobbs) March 31, 2022
Just the day before, the entire E-Qual system experienced an outage anticipated to last past the April 4 deadline. Hobbs communicated that the outage was caused by a hardware malfunction. However, that unplanned outage was fixed within several hours.
Secretary of State Alert: the agency is experiencing a system-wide outage. Updates will be provided as more information becomes available. pic.twitter.com/uyUh0NivOv
— Secretary Katie Hobbs (@SecretaryHobbs) March 29, 2022
The anticipated outage would’ve most heavily impacted Maricopa County attorney candidates; the former attorney, Allister Adel, resigned last Friday, giving candidates just two weeks’ notice to gather enough signatures to qualify for the election.
NEW: In an emergency public meeting today, the Board of Supervisors accepted the resignation of County Attorney Allister Adel and called for an election to fill the upcoming vacancy. Read the full statement below: https://t.co/4lroRe7F7rpic.twitter.com/615FjQBOUB
Hobbs didn’t respond on social media to Brnovich’s requested investigation. Instead, the secretary of state opted to post about the International Transgender Day of Visibility.
Today is International Day of Transgender Visibility. Let's stand with the trans community, whose rights are currently under attack. The two bills signed by Gov. Ducey do nothing but limit their ability to live their lives as they so choose. #TransDayofVisibilitypic.twitter.com/ZFpXehnAgU
— Secretary Katie Hobbs (@SecretaryHobbs) March 31, 2022
In a statement to the Arizona Daily Star, Hobbs called Brnovich’s request to investigate her for not doing her job “ridiculous.”
“The attorney general’s continued attacks on election officials across the state for doing our jobs is ridiculous,” said Hobbs.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Last month the Professional Bull Riders rode into the Gila River Arena in Glendale for a weekend event which drew attention to the work done by U.S. Border Patrol employees and the job opportunities the federal law enforcement agency offers.
The PBR U.S. Border Patrol Invitational on March 12-13 featured the top 35 riders in the world putting on a show for more than 18,500 spectators, many of whom worked for USBP. The event, however, was more than a fun time – it is a way recognize the efforts of local employees and promote the numerous types of careers available within the agency.
“U.S. Border Patrol uses PBR as a tool to educate fans about employment opportunities,” PBR spokesman Andrew Giangola told AZ Free News. “PBR is one of USBP’s most effective means for attracting qualified candidates to serve in protecting our nation, according to the agency.”
USBP Tucson Sector Chief John Modlin recently gave a shout out to the PBR and the Glendale event on Twitter, sharing a highlight video celebrating the weekend’s rodeo excitement along with the service of the men and women of USBP.
Giangola says the U.S. Border Patrol has been a title sponsor of one PBR event a year since 2018. But the agency’s involvement with PBR is not limited to just its title event, as the USBP Honor Guard participates at many events across the country and the agency sponsors some of the sport’s top riders.
This year, that sponsorship includes Cooper Davis, the 2016 world champion; Keyshawn Whitehorse, the 2017 rookie of the year; Daylon Swearingen, the 2019 college bull riding champion; and Andrew Alvidrez, who has been a top 30 rider the last three years.
And then there are the bullfighters – PBR’s name for the safety workers who are on the dirt in the arena with the bulls and riders. At the recent event in Glendale, the bullfighters donned U.S. Border Patrol vests and other regalia, drawing even more attention to the agency.
Those who missed last month’s PBR event will have another opportunity later in the year to watch professional bull riding when PBR’s new Team Series comes to the Gila River Arena on Oct. 14 to 16.
The three day event is part of a 10 event season which will run from July to November with eight founding teams, including the Arizona Ridge Riders.
“Each stop on the schedule will be a real happening, with plenty of fun events for fans and opportunities to come together to rally around their team,” said Sean Gleason, PBR’s CEO and Commissioner. “It will be exciting to watch the local fan base in Arizona grow.”
The league will host its first PBR Team Series draft on May 23 with the Ridge Riders having the sixth draft pick. Each team will be comprised of seven riders and three practice squad members, with five riders per team competing at each event.
All PBR Team Series events will be carried on either the CBS Television Network, streaming live on Paramount+, CBS Sports Network, or RidePass on Pluto TV. The team championship will be held in Las Vegas.
Living United for Change in Arizona (LUCHA), an activist organization that’s pushed for a pathway to citizenship for illegal immigrants, sued Arizona over the latest election integrity law passed, HB2492, which requires proof of citizenship in order to vote. LUCHA describes itself as a nonpartisan social justice nonprofit.
The nonprofit’s complaint alleged that applicants would have the county election officials using “outdated” citizenship data from “unreliable” sources. Therefore, LUCHA claimed, the government would only succeed in intimidating individuals born outside of the country that are citizens, not preventing any non-citizens from voting.
LUCHA also claimed that millions of Americans lack ready access to documents that prove their citizenship status. They stretched their argument to frame the new law as having a greater burden and therefore discrimination on the elderly, the poor, and black Americans.
LUCHA made headlines last fall for its members following and filming Senator Kyrsten Sinema (D-AZ) while in an Arizona State University (ASU) bathroom. The activists were upset with Sinema’s lack of support for President Joe Biden’s reconciliation bill.
As AZ Free Newsreported earlier this week, another social justice organization, Mi Familia Vota, also sued Arizona officials over the new law. The organization received help from the lawyer behind the Russiagate hoax, Marc Elias.
Attorney General candidate Andrew Gould opined that the lawsuits were unsubstantiated. Gould asserted that the bill was a “neutral, reasonable, non-discriminatory restriction” affecting non-citizens.
“The current lawsuits appear to assume that it is unconstitutional to disenfranchise non-citizens. Of course, non-citizens have never had a right to vote under the Constitution, and so it is absurd to argue that HB2492 takes away a legal, constitutional right to vote from anyone,” wrote Gould. “[I]n these lawsuits, the parties appear to argue that ANY restriction whatsoever on registering to vote is unconstitutional. They are wrong on the facts and the law.”
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
