Arizona Attorney General Kris Mayes appears to lack basic knowledge of state law.
Mayes claimed in a post that recipients of the Deferred Action for Childhood Arrivals (DACA) program are currently eligible to serve in law enforcement in Arizona.
“DACA recipients are police officers, firefighters, nurses and small business owners in Arizona,” said Mayes.
News flash Warren: DACA recipients are police officers, firefighters, nurses and small business owners in Arizona. And you just announced to the world that you think they are criminals and should be deported. Disqualifying https://t.co/B9b50rNztI
DACA recipients aren’t American citizens. Rather, they’re individuals who arrived illegally in the country as minors and were granted delayed deportation under the DACA program created by former President Barack Obama.
DACA recipients must renew their status every two years. Recipients are disqualified from renewal if they have committed a felony, significant misdemeanor, three or more misdemeanors, and/or otherwise posed a threat to national security or public safety.
Arizona law prohibits illegal aliens and other noncitizens from joining law enforcement.
“Notwithstanding any other law, the qualifications [for peace officers] shall require United States citizenship[,]” states the law.
Mayes provided the erroneous representation of state law in response to a Republican attorney general candidate looking to unseat her, Senate President Warren Petersen (LD14). Mayes called Petersen’s belief in deportation for all illegal aliens, including those awarded DACA status, “disgusting.”
Petersen had criticized Mayes for celebrating the creation of the DACA program.
“[Mayes] is fighting to protect illegals. I will keep our border secure and will work with the federal government to deport everyone who enters this country illegally,” said Petersen. “We welcome everyone who comes here legally and abides by the law. But be ready to be deported or prosecuted if you don’t.”
Even those DACA recipients who violate the law may not face deportation as the DACA program rules require, due to Democratic elected officials intervening on their behalf.
In recent months, Rep. Adelita Grijalva and Pima County Attorney Laura Conover have fought to prevent the deportation of one DACA recipient, 32-year-old Jessica Marlene Corrales-Duarte, detained by ICE following her arrest for stealing approximately $5,500 worth of products from an Ulta Beauty in Tucson. That level of theft qualifies as a felony.
Conover told KOLD that Corrales-Duarte should be allowed to enter a diversion program and remain in the country. Grijalva called the theft a minor offense.
“Although that amount is higher than most of our organized retail theft cases, generally speaking, a person with no criminal history would and should be afforded an opportunity to enter a diversion program whereby they work steadily to repay what is owed and learn how to never end up involved in the criminal justice system again,” said Conover.
Multiple federal courts have ruled the DACA program to be unlawful. As a result, the Department of Homeland Security is prohibited from granting new admissions to the DACA program. However, those who obtained DACA on or before July 16, 2021 may keep their DACA status provided that they meet renewal eligibility.
Federal law enforcement revealed this week that a DACA recipient, Abraham Alvarez, 31, was the ringleader of the foiled terror plot to assassinate elected officials and other American citizens attending the UFC Freedom 250 fight at the White House on President Donald Trump’s birthday over the weekend.
Alvarez, an illegal alien from Mexico, overstayed a 2001 tourist visa with his family by more than a decade before he received DACA status in 2014. Alvarez was apprehended in his state of residence, Nebraska. His DACA status was revoked following his arrest for the domestic terror plot.
Four other men — American citizens residing in California, Missouri, and Ohio — were arrested for the terror plot along with Alvarez.
It is estimated that more than 825,000 individuals who entered the country illegally as minors were enrolled in the DACA program.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
Pima County Attorney Laura Conover promised to break Arizona law if the Supreme Court overrules Roe v. Wade and the state outlaws abortion. Conover vowed that those seeking or assisting in abortions wouldn’t receive any jail time on her watch.
“We will do everything in our power to ensure that no person seeking or assisting in an abortion will spend a night in jail,” said Conover.
A leaked SCOTUS opinion is unprecedented, and so as Pima County Attorney, this is apparently the moment when I need to reassure of what I have always said: We will do everything in our power to ensure that no person seeking or assisting in an abortion will spend a night in jail.
Arizona’s latest abortion restriction, SB1164, banned abortions after 15 weeks. Governor Doug Ducey signed it into law in March.
However, if the Supreme Court overturns Roe v. Wade’s legalized abortion in deciding Dobbs v. Jackson Women’s Health Organization, Arizona may revert to its original outright ban on abortion dating back to the beginning of its statehood. SB1164’s language reflected support of that outcome.
“This act does not: […] Repeal, by implication or otherwise, section 13-3602, Arizona Revised Statutes, or any other applicable state law regulating or restricting abortion,” reads the law.
From 1901, before Arizona achieved statehood in 1912, to the Roe v. Wade ruling in 1973, Arizona outlawed abortion completely. Later versions of the law retained the majority of the original language but modified punishments — up until the 1973 Supreme Court ruling, anyone who performed abortions received two to five years’ prison time.
If the Supreme Court overturns the precedents established by Roe v. Wade and Planned Parenthood v. Casey, then the state may return to its total ban, which some legislators have identified as a “trigger law”: A.R.S. 13:3603.
Conover wouldn’t be the only county attorney to defy an Arizona law banning abortion. Democratic candidate for Maricopa County Attorney Julie Gunnigle pledged to disregard any restrictions or bans on abortion if she wins. Her promise focused on the latest law prohibiting abortions after 15 weeks.
Wednesday night, pro-abortion activists gathered outside the Arizona State Capitol to protest SB1164 and the Supreme Court’s draft majority opinion.
Tuesday, the Pima County Attorney’s Office announced it would no longer charge individuals for simple drug possession, paraphernalia, or related personal-use incidents. The policy won’t apply to those arrested for simple possession and a felony offense.
Pima County Attorney Laura Conover said in a memo to law enforcement that low vaccination rates forced her hand in deciding to decline prosecution of more minimal drug charges.
“A sizable percentage of [society] has expressed disinterest in the vaccine, depriving us of the herd immunity that would have put this virus behind us,” said Conover. “COVID is now spreading inside the jail, putting people there at risk. The health and safety of our community are paramount.”
Conover’s policy mirrored that established by her predecessor, Barbara LaWall, in March 2020. Conover explained she lifted LaWall’s policy after the vaccine became widely available and the county established the nation’s first pre-charge drug court, STEPs. Conover urged law enforcement to deflect offenders to drug treatment, like CODAC.
One of Conover’s biggest goals has been to stop prosecuting the “poor, sick, and addicted.” Part of that includes getting rid of cash bail. When she assumed office in January, Conover instructed her prosecutors to not ask for cash bail, and limited certain deportations.
In August, Conover told KOLD that she wanted to abolish cash bail entirely. That’s something she also claimed had a negative impact on the COVID-19 pandemic.
“You can’t have so many people packed into a space because it’s a huge public health problem for people who are brought into the jail for corrections officers and other professionals,” said Conover.
That same month, the Tucson City Court released without bond a man arrested for shooting at an officer. Previous Tucson Police Chief Chris Magnus criticized the decision in a now-deleted Twitter account; Conover wouldn’t comment on the specifics of the case, but said that the man should’ve received bond because he posed a threat to the community.
Earlier this month, Magnus was appointed as the new head of Customs and Border Protection. Officer Chad Kasmer was appointed as Tucson’s new police chief.
Conover’s progressive perspective on criminal justice reform earned the support of a number of noteworthy left-wing activists, like Planned Parenthood Advocates of Arizona and John Legend.
Similar or identical progressive reforms were first championed by Milwaukee District Attorney John Chisholm. His reforms led to the release of Darrell Brooks, the man behind the Waukesha Christmas parade massacre. According to the MacIver Institute, of over 900 individuals given deferred prosecution agreements under Chisholm’s tenure, 30 percent went on to commit more crimes, fail to appear in court, or fail to follow court-ordered requirements.
Since assuming office, Conover’s office has experienced massive staff turnover rates.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
