(The Center Square) – Arizona Senate Republicans are challenging a resolution Pima County passed that restricts federal law enforcement from conducting operations in the county.
Senate President Warren Petersen, R-Gilbert; President Pro Tempore T.J. Shope, R-Casa Grande; and Majority Leader John Kavanagh, R-Fountain Hills, filed a complaint this week with Attorney General Kris Mayes’ office in an effort to stop the resolution.
The Republicans’ complaint said the resolution “limits and restricts ICE’s ability to comply with the congressional mandate to inspect, investigate, arrest, detain, and remove aliens who are suspected of being, or found to be, unlawfully present in the United States.” The resolution requests Mayes to investigate the matter.
Pima County borders Mexico and is located in the south-central part of Arizona.
In February, the Pima County Board of Supervisors approved a resolution that prevents federal law enforcement from using county-owned properties without permission for civil immigration enforcement activities.
Under Pima County’s resolution, federal law enforcement can use county property only if a valid arrest warrant signed by a federal or state judicial officer is shown to someone associated with the county.
County employees are not allowed to assist federal law enforcement “with civil immigration enforcement activities,” the resolution said. It added that employees should also report to their supervisors if they see federal law enforcement attempting to use county property without approval.
“Nothing in this Resolution shall be construed as restricting or interfering with the execution of court orders or lawful judicial warrants,” it says.
Kavanagh told The Center Square that Pima County’s resolution violates state law because it prohibits local governments from cooperating to the ”fullest extent allowed by federal law with immigration enforcement.”
In addition, Pima County is violating the state Constitution, which says federal law takes precedent over any conflicting state law, he said.
Mayes will need to take action on the complaint to decide whether Pima County is violating federal law, Kavanagh said. “ I would hope that she would sustain the complaint because on so many levels, they’re violating state law.”
However, Kavanagh said the Democratic attorney general “has shown hostility towards immigration law enforcement, so I’m not necessarily confident that she will sustain the complaint.”
In January, the majority leader called on Mayes to resign after she said individuals who feel they are in danger can legally shoot masked federal law enforcement officers.
If Mayes backs the Senate Republican leaders’ complaint, it will send a “clear message” to Pima County, Kavanagh said.
He added that if the attorney general sustains the complaint and Pima County does not remove the resolution, the county will lose its state-shared revenue.
Pima County Board member Steve Christy, who represents District 4, told The Center Square that he had concerns the county would lose state funds if it didn’t rescind the resolution.
”This could hit Pima County where it hurts Pima County the most in its pocketbook, and there would be nobody to blame for that, but Pima County,” he said.
Christy, the board’s lone Republican, was the only member to vote against the resolution. He said it is “unlawful interference with law enforcement agencies.”
Senate Republicans were “totally justified” in filing a complaint with the attorney general, Christy noted.
Pima County Supervisor Matt Heinz of District 2 told The Center Square that people in the county are “feeling very unsettled and preyed upon.”
According to Heinz, it is “well established that local jurisdictions have absolute control over their own buildings and other properties.”
“I don’t think we’re in a territory where there’s going to be a problem. We’ll see what the attorney general says after the 30-day review process,” he said.
Heinz, a Democrat, said the new resolution will not “have any significant impact” on federal law enforcement, noting that the county has not been asked by the federal government to do operations on county property in the more than 20 years he has lived in the area.
“This is just state senators picking on Pima County,” Heinz said.
In another public safety matter on Tuesday, the Pima County Board of Supervisors, in a 4-1 vote, approved an ordinance that prevents law enforcement from wearing masks.
Heinz said the new mask ordinance is a “protection against unlawful impersonation.”
He added that Pima County is “not specifically targeting federal law enforcement,” noting the ordinance applies to local law enforcement as well.
Heinz said exemptions exist for SWAT teams and special response teams.
“The potential for impersonation is incredibly problematic and a public safety concern that we wanted to address,” Heinz said.
According to Christy, federal agents are wearing masks to “protect themselves and their families from being doxxed.”
“Paid agitators and very violent people who are attracted to any kind of situation where law enforcement is involved with conducting their immigration duties, they will take advantage of the situation by whatever means they can,” he said.
Christy was the only supervisor to vote against the mask ordinance.
If the Senate Republicans want to file a complaint with the attorney general regarding the county’s new masking ordinance, they will need to file a separate one, Heinz said.
The Center Square reached out to the U.S. Department of Homeland Security and Mayes’ office, but did not hear back before press time.
