Arizona Senate Pushes Bill to Strengthen Cooperation with Federal Immigration Officials
In a significant legislative move, the Arizona Senate, led by Republicans, has passed a bill aimed at bolstering cooperation between local law enforcement and federal immigration authorities. This initiative is seen as part of the broader effort to support the previous administration’s deportation policies.
Senate Bill 1164, introduced by Senate President Warren Petersen, initially proposed mandatory agreements between law enforcement agencies and federal immigration officials. While the final version of the bill, approved on February 27, removed this requirement, it prohibits cities, counties, and state agencies from implementing policies that hinder collaboration with federal immigration authorities.
Specific law enforcement agencies are still expected to assist in federal immigration operations. For example, sheriffs, local police, and state prison officials must comply with ICE detainer requests. These requests are issued when ICE identifies individuals in state or local custody who are suspected of being in the United States without legal authorization.
Under the provisions of SB 1164, local and state officials are required to hold such individuals in custody for ICE and inform judges in relevant criminal cases of ICE’s suspicions, unless the individuals can prove their legal status. Petersen affirmed that the bill’s primary goal is to facilitate the deportation of individuals in police custody for criminal activities, stating, “It deals with this first wave of deportation that the Trump administration is focused on, which is removing the most dangerous criminals from our streets.”
Support for the bill is grounded in recent political shifts. Sen. John Kavanagh (R-Scottsdale) emphasized the public mandate, citing the recent election results that bolstered the GOP’s presence in both the White House and the state legislature. “The people are fed up with illegal immigration and the mess that it’s caused in our cities and other locales,” Kavanagh stated.
The bill also mandates that the state prison system and county sheriffs enter into 287(g) agreements or similar arrangements. Currently, only a few Arizona entities, including the Arizona Department of Corrections and the Mesa Police Department, have such agreements in place. According to the Mesa police, “The program is used when booking people into jail who have committed a crime and were not born in the USA …The 287(g) questionnaire is applied whenever someone is booked into jail who was not born in the United States or a U.S. Territory.”
Democrats, however, have raised concerns about the potential for racial profiling, referencing Arizona’s history with similar agreements. Sen. Analise Ortiz (D-Phoenix) reminded that a federal judge had previously ended a 287(g) agreement with the Maricopa County Sheriff’s Office due to racial profiling issues, as documented in the Melendres compliance corner.
Petersen dismissed accusations of racial bias, asserting, “We absolutely welcome immigrants, recognize their importance. I have immigrants in my family – many. But they followed the law. They applied for visas and citizenships, and they followed the process. That is all we are asking.”
The next step for the bill is consideration by the Arizona House of Representatives, and it will require the endorsement of Democratic Governor Katie Hobbs to become law. Governor Hobbs has expressed willingness to collaborate on border security but remains opposed to using state resources for federal programs, as indicated by her spokesman, Christian Slater. Slater remarked, “We shouldn’t tie the hands of Arizona law enforcement when the federal government is getting it wrong.”
If enacted, the legislation would authorize the state attorney general to file lawsuits against agencies violating the law. Additionally, individual taxpayers could initiate legal action to enforce compliance, and lawmakers could instruct the attorney general to investigate any suspected violations. A related law, passed in 2016, allows for the withholding of state funding from cities or counties found in violation of state law, as detailed in the Arizona Agenda.
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