The city of Phoenix approved a resolution that will limit Immigration and Customs Enforcement (ICE) operations despite a warning from Arizona Senate Majority Leader John Kavanaugh (R-LD3) against taking such an action.
The resolution by the Phoenix City Council will effectively prohibit immigration-related law enforcement operations on property owned or controlled by the city. In order for federal law enforcement to do their job, the resolution declares they will need to obtain permission from the city — specifically, Phoenix Police Chief Michael Giordano.
Kavanagh called the resolution “meaningless” in an interview with The Center Square, stating that both Arizona and federal law require cooperation with immigration enforcement. The majority leader accused city of Phoenix leadership of “pandering for votes” disguised as policy.
“ICE is not going to listen to them. They have no control over what ICE does in public places, so they can’t even prevent that,” said Kavanagh.
Even after Kavanagh’s warning, Phoenix City Council voted 8-1 to restrict ICE from using city property in its approved resolution on Wednesday.
“Prohibited uses include, but are not limited to, using City property as a staging area, processing location, or operations base for civil law enforcement actions, unless approved by the City Manager or their designee,” stated the resolution.
Councilmembers said the vote represented their commitment to protecting all Phoenix residents.
Phoenix Mayor Kate Gallego said mass deportations had no positive impact on public safety were “un-American and shameful.” Gallego accused ICE of violating civil rights and committing crimes.
Last month, Gallego and the city council promised to frustrate federal immigration enforcement efforts in a joint press release. They met with residents and sought counsel to determine a pathway for resisting ICE.
Out of these meetings, city leadership developed a response framework, which included the policy framework to allow a restriction on immigration enforcement activities on city property.
Other aspects of the framework included the city’s decision to employ local law enforcement resources to investigate and prosecute federal immigration enforcement.
The city will create an online public complaint portal to document and track allegations of criminal and civil rights violations by federal immigration enforcement, with the intent to submit the reports as criminal referrals to the attorney general’s office. This portal will be connected to one created by the attorney general.
The city will also collect data on immigration enforcement impacts to businesses and city services such as police, fire, the community assistance program, and the office of accountability and transparency.
Along with the portal, the city will create a website detailing the civil rights that immigrants have and sharing data related to community transparency initiative directives. This site and others, including the complaint portal, will have translation capabilities.
The city will require employees to undergo training on how to respond to federal enforcement actions.
In all these efforts, the city of Phoenix will work closely with the attorney general, Tucson, and Flagstaff, and share information with congressional representatives and community-based organizations.
On Monday ICE agents began assisting TSA agents with processing Phoenix Sky Harbor passengers at security checkpoints.
Most travelers expressed support for the ICE presence.
📍 Phoenix Sky Harbor International Airport
"I like it. I think Trump's doing a hell of a job."
"Most of the travelers we spoke with say… they're pleased to see ICE agents stepping in." pic.twitter.com/PeWNUuc9EP
The Phoenix City Council approved several ordinances that will hold the homeless accountable for crimes committed in public parks and spaces.
The council approved ordinances prohibiting certain behaviors most often done by the homeless.
One ordinance puts more restrictions on public parks: no more entering areas closed to the public, drinking liquor, smoking, bathing, or obstructing guests or amenities.
Park rangers or police officers will be allowed to issue a trespass notice lasting one year, and the court may impose community restitution, education, or treatment programs.
Council member Anna Hernandez was the sole “no” vote on the ordinance.
Hernandez said she “needed to take [the council] to church” on the issue. She called the ordinance “shameful, racist, ineffective policy.”
“This is a huge step in aligning our city in Trump’s war on homelessness. We need more beds [and support services], not more criminalization,” said Hernandez.
Parks and Recreation Director Cynthia Aguilar clarified this ordinance was about aligning park code of conduct with city ordinances — not a new effort to criminalize behaviors, or target the homeless specifically.
“The consequences or the penalties that exist already existed prior to this when it comes to the ordinances, but there were clarifications in where that language was placed,” said Aguilar.
The council also approved, unanimously, an ordinance increasing the punishment for remaining on road medians and obstructing traffic. Rather than requiring law enforcement to give a warning for the first violation, law enforcement may issue a civil traffic offense amounting to a class one misdemeanor.
By far the most controversial ordinance passed prohibits the public provision of medical care or treatment, sale or exchange of needles and syringes, and the sale or distribution of harm reduction, or drug usage, kits. First responders, family members, individuals rendering aid during an emergency, and administration or distribution of naloxone are exempt.
Parks and Recreation Director Cynthia Aguilar cited the need for the ordinance to address “safety, potential harm, and [bio]hazard [concerns]” for park users.
Again, Hernandez was the sole “no” vote on the ordinance.
Opponents to the ordinances said they amounted to “criminalization” of poverty and “fascism.” They argued the city had a duty to address the underlying causes of unlawful behaviors by the homeless and provide alternatives, such as more public showers, rather than holding them accountable for their crimes.
Supporters of the ordinances testified to the dangers posed by the transients, especially to the children: bathing publicly in the nude, open-air drug usage, discarding drug paraphernalia, dealing drugs, blocking traffic, and harboring dogs that roam unleashed in public spaces and roadways.
State Senator Lauren Kuby (D-LD8), speaking on behalf of constituents and “mutual aid groups” claimed the behaviors that would be punished were actually constitutionally protected activities. Kuby also argued that it was “basic human behavior” for the homeless to bathe in public.
“Phoenix parks are not just recreational spaces. Under the Constitution, they are traditional public forums — places where people gather, speak, assemble, pray, protest, and exist in public life,” said Kuby.
State Representative Mariana Sandoval (D-LD23) and Senator Analise Ortiz (R-LD24) issued a joint letter criticizing the ordinances as “criminalizing poverty” that would cost taxpayers more without reducing crime or overdoses.
Council member Betty Guardado implied that families in affected neighborhoods should use their “means” to go elsewhere to enjoy public spaces and have their children play.
Council member Jim Waring criticized the opponents of the ordinances as supportive of preserving currently dangerous environments.
“Some of you are clapping. You think you’re on the side of truth and justice. Well, I’ve got some bad news: you’re not. You’re wrecking it for the rest of these people who are also paying taxes. When do we start thinking about them?” asked Waring.
Waring also criticized the hands-off approach to the homeless. He expressed a desire for the homeless to be made to accept services to get off the street and cease drug usage in public.
“We spend a fortune on the homeless — way more than we used to,” said Waring. “You guys think the homeless should just take over the parks and do whatever they want.”
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The Arizona Supreme Court held a hearing on Monday to decide whether the city of Phoenix can hide certain public records.
The city is being sued by the Goldwater Institute, a Phoenix-based public policy and litigation organization, over its hiding of records concerning union negotiations.
In Goldwater v. Phoenix, the Goldwater Institute argued the city of Phoenix has a duty to disclose those records in order to allow the public to have an informed decision, and because they serve as the entity negotiating on behalf of the public.
The organization filed their lawsuit in March of 2023 after the Phoenix Law Enforcement Association (PLEA) declined to provide a draft memoranda of understanding (MOU) for public input at the end of 2022. PLEA had provided its MOU drafts in preceding years.
Per the city’s “Meet and Confer” ordinance, unions must submit MOUs by Dec. 1 in the year before the expiration of an operative agreement so that the public may provide input prior to negotiations between the union and city.
Despite not having a draft MOU available for the public to review, the Phoenix City Council moved forward with a meeting to collect public comment on an unsubmitted draft.
The city then began negotiations in January 2023.
The city of Phoenix refused to give PLEA’s draft MOU to the Goldwater Institute upon request, claiming the records were exempt from public records disclosure because public scrutiny would burden negotiations.
The city claimed they were protected under the state’s public records law exemption allowing the withholding of records should they prove detrimental to a government’s best interest.
“Releasing those types of materials would create a chilling effect on the parties’ willingness to candidly engage with each other and it would hinder the negotiations process,” said the city in their denial message.
The city also expressed concerns that public access to MOUs would politicize union negotiations.
Parker Jackson, Goldwater Institute staff attorney, disagreed that these records were covered by the best interests exemption.
“With few exceptions, public records must be made available to the public,” said Jackson in a press release. “When there’s a need to protect things like personal privacy or public safety, the government must be able to show that specific and significant harm is likely to result from public disclosure. It cannot simply withhold information based on self-interested speculation that some minimal inconvenience ‘might’ occur.”
In January, the Arizona Court of Appeals remanded the case to the Arizona Superior Court so that court could privately review unredacted and redacted versions of the contested MOU documents, and determine whether the documents deserved exemption from public disclosure according to the best interests of the state.
The Arizona Supreme Court is considering two issues in this case:
Did the Court of Appeals err by not requiring the City, after it invoked the “best interests of the state” exception, to establish a probability that specific, material harm will result from disclosure, as Mitchell v. Superior Court requires?
Did the Court of Appeals err by not applying the Carlson v. Pima County balancing test de novo to independently determine whether the City’s purported interests in nondisclosure outweigh the presumption in favor of disclosure?
The public may watch the archived video of Goldwater v. Phoenixhere.
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Developers looking to build in the Phoenix area may soon be mandated to install art.
The Phoenix City Council may vote on a draft of the proposed ordinance in the spring.
Phoenix City Council’s Economic Development and the Arts Subcommittee discussed the creation of an “Art in Private Development” ordinance last week.
The city’s outgoing Arts and Culture Director, Mitch Menchaca, presented the proposed ordinance. Menchaca said developers would be made to allocate a percentage of their project’s construction costs to original, site-specific art.
Menchaca was hired earlier this month by the Greater Columbus Arts Council in Ohio to be its CEO and president. They reportedly will be paying Menchaca “double” what he was paid by the city of Phoenix.
Sedona, Scottsdale, and Tempe all have variants of public art in private development requirements.
Sedona passed its requirement in 1995. Developments exceeding 5,000 square feet of gross floor area and expansions of existing structures over 2,500 square feet of gross floor area must have art.
Scottsdale passed its requirement in 1985. Planned block developments in the downtown area must have art approved by the Scottsdale Public Art Board.
Tempe passed its requirement in 1991. City-wide developments over 50,000 square feet must either install art approved by the Tempe Arts and Culture Department or contribute fees to the Tempe Municipal Arts Fund.
Per the Public Art Archive, at least 18 states have municipalities with public art in private development requirements.
Currently, the city of Phoenix has an incentive program which rewards businesses that install art with earning density or height bonuses and an alternative to meeting standards.
Catrina Kahler, ArtLink Inc nonprofit CEO and Democratic donor, expressed support for a mandate. ArtLink is behind monthly events to support local artists downtown such as the popular First Fridays.
“This risk is low. The return on investment is very high,” said Kahler. “We are in competition with many other cities, not only across the Valley but across the nation. People have choices about where to live, no matter what sector they engage in in terms of their employment, they want to live in a city that’s creative, thoughtful, and beautiful.”
Phoenix Committee Alliance’s advocacy director Patrick McDaniel also expressed support for the mandate.
Vice Mayor Ann O’Brien indicated support for a proposed ordinance, and that she would like more private developer input prior to establishing the ordinance.
“One of my frustrations with being in the northwest part of the Valley is that the only places we can have art is where something is done with city dollars and we use one percent, which means it might be at a water facility. And not that that’s not a great place but it’s not a place where we see a lot of people hang out,” said O’Brien. “And so my desire to have you all here today was to look at what our options are. It’s important to have art everywhere in our city as we are bringing in more businesses and more people, and we want to continue to do that. Art creates culture. And culture creates community. Art should be throughout our city.”
Councilwoman Debra Stark said she would support a city-wide ordinance but, like the vice mayor, requested the council engage further in talks with the private sector.
Councilwoman Laura Pastor also expressed support for sourcing more funding for the maintenance of existing art installations, possibly within the proposed ordinance.
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Social media commentator Chaya Raichik’s Libs of TikTok account is calling for charges against current Phoenix City Councilwoman and former Arizona State Senator Anna Hernandez (D) after she allegedly posted a warning threatening the security of U.S. Immigration and Customs Enforcement (ICE) agents and interfering with their legal operations.
In a now-deleted post, screen-captured by Libs of TikTok, Hernandez allegedly wrote, “ALERT/ALERTA” and provided an address in Phoenix where ICE Agents were observed to be operating, along with the main cross streets. She wrote, “ICE IS PRESENT/LA MIGRA ESTÁ PRESENTE” and provided a phone number for a “línea de Defensa” or line of defense, which traces back to the Puente Human Rights Movement, an illegal immigrant advocacy organization.
Anna Hernandez (D), a Former Arizona State Senator and current Phoenix Councilwoman, made a post on her Instagram doxxing ICE’s live location.
She's interfering with ICE and helping criminal illegals evade arrest.
Libs of TikTok wrote, “Anna Hernandez (D), a Former Arizona State Senator and current Phoenix Councilwoman, made a post on her Instagram doxxing ICE’s live location. She’s interfering with ICE and helping criminal illegals evade arrest. Charge her.”
She wrote that President Donald Trump “federalized D.C.’s police — even though violent crime is at a 30-year low. He deployed the National Guard, swept through historically Black neighborhoods, and targeted residents experiencing homelessness.”
She then claimed, “We’re already seeing PPD violate the rights of unhoused people and put immigrants at risk of deportation. A Trump takeover of PPD would only escalate this violence.
As recently as May, Hernandez was organizing demonstrations against ICE at Arizona’s federal immigration court in Phoenix, writing, “ICE is back, making arrests at Phoenix courts. Community with safe status, it’s time to stand up and make our voices heard!”
The allegations against Hernandez came just days after Homeland Security Secretary Kristi Noem was forced to relocate her personal residence due to increased threats to her person and family, along with “vicious doxxing,” described by a Homeland Security spokesman to Fox News.
“Following the media’s publishing of the location of Secretary Noem’s Washington D.C. apartment, she has faced vicious doxxing on the dark web and a surge in death threats, including from the terrorist organizations, cartels, and criminal gangs that DHS targets. Due to threats and security concerns, she has been forced to temporarily stay in secure military housing,” Assistant Secretary Tricia McLaughlin said.
“Secretary Noem continues to pay rent for her Navy Yard residence,” she added. “It’s a shame that the media chooses sensationalism over the safety of people enforcing America’s laws to keep Americans safe.”
In July, ICE officers reported a massive increase in assaults, according to a memo sent by U.S. Homeland Security, with extremist groups targeting ICE personnel and their families through similar coordinated doxxing.
