Pinal County Court Halts Controversial ICE Partnership
A temporary restraining order has been issued by Pinal County Superior Court Judge Joseph Georgini, putting a halt to the county attorney’s collaboration with U.S. Immigration and Customs Enforcement (ICE). This decision comes amidst a legal tussle over the legitimacy of the agreement.
Last year, the Pinal County Attorney’s Office entered a 287(g) agreement with ICE. This partnership was intended to allow the county office to assist in federal immigration enforcement efforts. Traditionally, such agreements are established between the U.S. Department of Homeland Security and county sheriffs. Pinal County’s Sheriff’s Office already maintains a separate 287(g) agreement with ICE.
However, the Pinal County Board of Supervisors was taken by surprise upon learning about the county attorney’s agreement. They deemed it “unlawful,” arguing that only the board has the authority to sign such agreements, not the county attorney.
The board instructed County Attorney Brad Miller to terminate the agreement with ICE, but Miller declined to comply. This led the board to file a lawsuit against Miller, asserting that the agreement was void. In contrast, Miller maintained that it remained valid.
The restraining order granted on Monday temporarily halts the contested agreement. The legal contention highlights the separation of responsibilities within the criminal justice system. While law enforcement agencies handle arrests and investigations, county attorneys determine whether to prosecute cases. The use of county attorney staff as ICE agents raises questions about legality.
Miller’s office has yet to comment on the court’s decision. A hearing to further address the matter has been scheduled for February 26.
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