A former justice of the Arizona Supreme Court who used to prosecute cross-border criminals before becoming a judge says many Arizonans along the border feel abandoned by President Joe Biden, but he has an idea to help stop the influx of undocumented immigrants and smugglers coming into the state.
During an interview with KFYI’s James T. Harris on Thursday, Andrew Gould agreed with a recent assessment by Cochise County Sheriff Mark Dannels that the situation at the border is out of control, but the crisis “is far, far worse than you could imagine,” he said.
“We’ve created an open border, and the Biden Administration has essentially abandoned American citizens just like he did with Americans in Afghanistan,” Gould said.
Gould told Harris that there are options for making Arizona unattractive to those illegally entering the United States via Arizona. The options could be undertaken without the help of federal authorities such as the U.S. Customs and Border Protection and U.S. Border Patrol, which get their orders from Biden.
One option which Gould believes can be easily implemented is establishing a No Trespass Zone from Cochise County to Yuma County on state and private lands along the 325 miles of border between Mexico and Arizona.
According to Gould, Arizonans are now “at the mercy of these cartels who are making billions of dollars off crime. They are pushing illegal immigration, fentanyl, methamphetamine, sex trafficking, extortion, murder, bribery. And there‘s no help for us coming from the federal government.”
The answer, Gould believes, is for local and state officials to join with property owners to post no-trespassing signs on private property and state land. The signs are necessary to satisfy the “reasonable notice” requirement in state law before anyone can be arrested for criminal trespass.
Gould brings a unique perspective to the subject, as a one-time prosecutor for Maricopa and Yuma counties where he handled major felony cases. He went on to serve as a judge with the Yuma County Superior Court and the Arizona Court of Appeals before being appointed to the Arizona Supreme Court by Gov. Doug Ducey in 2016.
The appointment as a supreme court justice came with a practically guaranteed seat on the bench until age 70. In fact, Gould was retained by voters in the November 2020 General Election for a six term.
But in April, the 57-year-old Gould shocked court watchers when he stepped down to run for Arizona Attorney General, who is not only Arizona’s top prosecutor but also its top legal advisor to dozens of state agencies. With illegal immigration and drug / human smuggling among the biggest legal challenges facing the state, Gould says Arizonans cannot wait on the Biden Administration to address the public safety, public health, and environmental harms posed by an uncontrolled border.
A no-trespassing zone is something Gould has discussed with border sheriffs, including Dannels and Yuma County Sheriff Leon Wilmot. Both expressed interest in the idea, he said.
A conviction for misdemeanor criminal trespass can carry a jail sentence of 30 to 180 days. Most non-U.S. citizens would be ordered held in custody pending resolution of the charges, so Gould says Arizona’s county jails would need financial support to handle the increased incarceration costs.
One option, he noted, is to aggressively target Cartel assets to help with the expense.
One Arizona sheriff sees too many similarities between U.S. immigration policy at the Southwest border and how the Biden Administration has handled the situation in Afghanistan, and he fears a perfect storm is brewing.
“It’s a mess down here all along the southwest border both on public safety, national security, and humanitarian,” Cochise County Sheriff Dannels told KFYI’s James T. Harris earlier this week. “The willful neglect, the willful avoidance to solve the problem, take responsibly for it, is the same thing he did on the Southwest border that’s now being played in a terrorist country with the Taliban.”
According to Dannels, just under 10,000 undocumented immigrants -what he calls “getaways”- were able to evade capture in July crossing from Mexico into Cochise County. The crisis is more frustrating, he said, because the Biden Administration ended President Donald Trump’s Stay in Mexico policy without having another plan in place.
The policy, Dannels said, worked well and allowed for a controlled situation at the Southwest border. Last month the U.S. Supreme Court ordered the Stay In Mexico policy reinstated despite objections from Biden’s appointees running the U.S. Department of Homeland Security.
“It’s amazing that our own Department of Homeland Security is fighting that,” Dannels said of the Stay in Mexico policy. “It’s not like Mexico is fighting that or another private group is fighting that. Our government is fighting that. Which is just a crying shame because the program worked in the past.”
For now, Dannels and his deputies are putting up a valiant stand while trying to respond to the continuous influx of undocumented immigrants and the accompanied increase in crime reports. He also says “it’s truly been beneficial” to have several dozen members of the Arizona National Guard assigned to work with his agency by order of Gov. Doug Ducey.
Dannels is also aware of recent warnings to New Mexico residents about a growing Middle Eastern presence among illegal border crossers. That concern, the sheriff said, has actually been on the radar of law enforcement officials for a while.
He worries a “perfect storm” exists right now with the upcoming 20-year anniversary of Sept. 11, 2001 and the U.S.’s open border philosophy under President Biden. It is a philosophy, Dannels said, that even those in federal leadership positions concede is not working, unless they are “a political puppet.”
And the chances are great that someone intent on doing harm to the United States is going to come through the Southwest border, Dannels said, because the White House has left law enforcement personnel unable to compete against the Cartel.
“Nothing is changing for the good down here,” Dannels said.
When Gov. Doug Ducey pledged $25 million last month to deploy the Arizona National Guard to the Mexico border he did so after the Biden Administration ignored pleas from state and local law enforcement officials to address the influx of immigrants and smugglers making it unhindered across the border.
The governor noted the National Guard troops would be on State Active Duty to assist with medical operations in detention centers, help with installation and maintenance of border cameras, monitor and collect data from the cameras, and analyze the situation at the border to identify trends in smuggling corridors.
The deployment was well received by two border sheriffs -Cochise County’s Mark Dannels and Yuma County’s Leon Wilmot- who spent the last three months trying to get federal authorities to come up with a plan for the escalating public safety threat and humanitarian crisis at and well beyond the international border.
However, Pima County Sheriff Chris Nanos has insisted his agency does not need National Guard support even though the county shares nearly 130 hundred miles of border with Mexico. The same “no thanks” approach was expressed by Sheriff David Hathaway of Santa Cruz County.
The difference in the positions of the sheriffs falls across political lines – Dannels and Wilmot are registered Republicans, while Hathaway and Nanos are Democrats.
The same political division is reflected in an April 21 letter signed by one county supervisor from each of the border counties in which they chastised Ducey for not asking for their input about the border situation. The signers -all of whom as Democrats- serve as their counties’ representatives on the Arizona Border Counties Coalition.
“We are disappointed that you failed to consult with the various Boards of Supervisors of each border county on this matter,” the Coalition letter states. “If asked, we would have requested assistance for transportation services, specifically buses and drivers, to provide those transportation services that we are now left to arrange on our own.”
The letter was signed by Sharon Bronson, Pima County; Ann English, Cochise County; Bruce Bracker, Santa Cruz County; and Tony Reyes, Yuma County.
Chief of Staff Mark Napier of the Cochise County Sheriff’s Office (CCSO) serves as his county’s point of contact with the Arizona National Guard. Last Thursday more than 30 troops arrived in Cochise County to perform a variety of non-law enforcement duties, including working with an extensive camera system utilized by the Southeastern Arizona Border Region Enforcement (SABRE) team to monitor cross-border traffic.
The troops are also providing support in CCSO’s jail and other clerical activities which allows sheriff’s personnel to deal with “other service demands and address the increase in challenges associated with the border crisis we currently face,” Napier explained.
On Friday, Napier told AZ Free News he and Sheriff Dannels had no advance notice that Supervisor English was signing the letter to Ducey, but they do not see the supervisor’s stance about deployment as being in conflict with CCSO’s position that the border crisis “presents a public safety, national security and human rights issue” which must be addressed in collaboration with federal, state, and local partners.
“The letter expresses some frustration over the lack of engagement between the Governor and Supervisors with respect to the deployment of AZNG personnel,” Napier said. “That is a matter between those Supervisors and the Governor.”
Napier added the Coalition’s letter also states border security is a responsibility of the federal government, “which in fact it is.” And the letter does not deny there is a public safety concern related to the current conditions along the border, he noted.
The Coalition’s letter makes no mention of the frequency or cost of transportation services any of the counties have had to provide or arrange for.
On Wednesday, Governor Doug Ducey and a delegation of state lawmakers travelled to Yuma to call on the Biden administration to address the escalating humanitarian and security crisis on the U.S. / Mexico border. The officials received a briefing from U.S. Border Patrol, local law enforcement and community leaders.
The Governor was joined by Senate President Karen Fann, House Speaker Rusty Bowers, Adjutant General Kerry Muehlenbeck, Yuma County Sheriff Leon Wilmot, Yuma Mayor Doug Nicholls, Yuma County Supervisor Jonathon Lines, San Luis Mayor Jerry Sanchez, Cochise County Sheriff Mark Dannels, local agriculture leaders and other leaders and members of the legislature.
The officials received a briefing on Border Patrol operations from Chris T. Clem, Chief of the Border Patrol Yuma Sector. The Yuma Sector encompasses 126 miles of international border with Mexico, with three checkpoints currently manned by over 700 Border Patrol agents.
The tour follows the Governor’s Declaration of Emergency and decision to deploy the Arizona National Guard to the border to support law enforcement efforts.
Ducey declared a state of emergency in six counties including Cochise, Pima, Santa Cruz, Yuma, Maricopa and Pinal. The team of up to 250 Guardsmen, along with state troopers and other law enforcement agencies, will assist with medical operations in detention centers, install and maintain border cameras, monitor and collect data from public safety cameras, and analyze satellite imagery for current trends in smuggling corridors.
The state will provide up to $25 million in initial funding for the mission.
Just two days after he took part in a vehicle pursuit and arrest involving human smuggling, Cochise County Sheriff Mark Dannels is set to meet with U.S. Homeland Security Secretary Alejandro Mayorkas on Thursday in Texas.
Mayorkas is scheduled to visit with law enforcement officials and tour facilities in El Paso and McAllen. Among those invited to discuss the immigration crisis along the country’s 1,900-mile southwest border will be Dannels, who serves as chairman of the National Sheriffs’ Association’s border security committee.
The group, Dannels told AZ Free News, is striving “to bring collective resolutions and answers to our border security issues.”
Cochise County shares an 83-mile stretch of the international border. It was Dannels’ experiences with drug and human smuggling that prompted then-Secretary of Homeland Security Kirstjen Nielsen to swear in the sheriff on the Homeland Security Advisory Council in 2018.
But last month, Dannels was one of 32 HSAC members fired by Mayorkas, leaving just three members in place. Dannels says he plans to bring a letter to hand deliver to Mayorkas addressing the sheriff’s thoughts about HSAC, which the secretary has said will be reformatted in the coming weeks.
“I hope all stakeholders will have a better understanding with some defined objectives to work toward as we promote collaboration,” Dannels said, adding the current border situation “is more important than me and my appointment.”
Dannels has been outspoken about the Biden Administration’s lack of coordination and communication with local officials concerning the surge of undocumented immigrants coming into the United States. He is also being suggested as a possible Republican candidate for U.S. Representative when Ann Kirkpatrick seat comes open with her retirement in 2022.
On Tuesday, Dannels was involved in a vehicle pursuit which led to the arrest of three men on a residential property in Hereford. One of the men was a Phoenix resident suspected of transporting two illegal immigrants for financial gain.
According to the Cochise County Sheriff’s Office, deputies were alerted to a possible human smuggling incident south of Sierra Vista around 3 p.m. A vehicle description was provided along with a license plate number.
Dannels was the first to locate the vehicle “travelling well over the posted speed limit for that area,” a CCSO statement reads. “Sheriff Dannels and a second Deputy conducted a traffic stop near Three Canyons and Highway 92, however as they approached the vehicle the driver sped away from the scene heading north on Highway 92.”
A short time later the occupants of the truck exited the vehicle near a residence. Dannels and his deputies were assisted by Arizona Department of Public Safety and the U.S. Border Patrol to apprehend the men without injury, although one of the men attempted unsuccessfully to climb up to a second floor balcony of the house, losing his shoes in the process.
“Initial interviews of the apprehended suspects revealed that two of the men were undocumented immigrants who were identified and released to US Border Patrol, while the third man without the shoes was identified as a US citizen and the driver of the vehicle,” the statement reads. That third man was Dustin Howerton, 23, of Phoenix.
