BY HEIDI HOMMEL
Editor’s Note: This is the first of a three-part special series called “Immigration in Arizona Today” that dives into the latest border issues affecting the state.
PHOENIX — Since his inauguration last month, President Donald Trump has been making good on a campaign promise to carry out the largest deportation effort in American history.
Republican Arizona lawmakers have introduced legislation that would require county sheriff’s deputies and the Arizona Department of Corrections, Rehabilitation and Reentry (ADCRR) to enter into a 287 (G) agreement to support federal enforcement of immigration law.
Arizona Senate President Warren Petersen is behind the Arizona ICE Act.
“You are essentially deputized. You’re now kind of an extension of the federal government, where you’re able to carry out and enforce their laws,” Petersen said.
The difference between the Arizona ICE Act and the Proposition 314, which was passed by voters in November, is the 287 (G) agreement allows state law enforcement to apply federal immigration law. Prop 314, also known as the Secure the Border Act, allows local law enforcement to carry out state immigration laws.
The Arizona ICE Act would have 10% of law enforcement agencies under a 287 (G) agreement trained on how to enforce federal immigration policy in accordance with Immigration and Customs Enforcement (ICE). Pinal and Yavapai counties already have 287 (G) agreements with the federal government.
The measure would also require jails and prisons to hold detainees for up to 48 hours upon release to give ICE a chance to apprehend undocumented migrants to be deported. Petersen said this would prevent ICE agents from being put in a dangerous situation where they have to track down the person after release.
What legislation have Democrats introduced?
At the same time, Democratic lawmakers have proposed a measure that directly competes with the Arizona ICE Act. The Immigrant Trust Act, proposed by Sen. Analise Ortiz, would prevent local law enforcement from assisting the feds with immigration enforcement.
The legislation is meant to protect the people in mixed status families, who she said are living in terror right now.
“Who are afraid to call the police, who are afraid to drive their child to the doctor’s because they could be separated from their loved ones,” Ortiz said.
Protests have erupted across the nation in opposition of the Trump administration’s deportations, including in Arizona.
Earlier this month, multiple police and civilian vehicles were damaged by protesters in Glendale during a demonstration against federal immigration policy. Protests at the state Capitol have remained more peaceful, with activist groups explaining how immigration policy impacts the migrant community.
Living United for Change in Arizona (LUCHA) organizer Abril Gallardo Cervera said she became involved with the organization in the SB 1070 days when she felt like her family was under attack.
Arizona’s controversial “show-me-your-papers” law was partially struck down by the U.S. Supreme Court after being passed in 2010. She said immigrant communities have been a scapegoat whenever elected officials or corporations want to distract from failed policies and greed.
She believes immigrants are not the problem, but part of the solution.
“We are your neighbors, your friends, your family,” Gallardo Cervera said.
Victoria Lopez, executive director of ACLU Arizona, spoke at the state Capitol protest last week and called the Arizona ICE Act state overreach.
She said cities and states should focus on serving their own residents instead of working for ICE. She believes it opens the door for racial profiling if police are required to investigate federal immigration law.
“The greater violations of civil and human rights, the greater the chances of family separation and unlawful arrests and detentions,” Lopez said.
Katie Hobbs weighs in
Arizona Gov. Katie Hobbs said last week her office has been receiving less information from the Trump administration compared to the Biden administration when it comes to federal immigration enforcement.
“We’re continuing to try to keep those lines of communication open so that we can all work together to keep our community safe,” Hobbs said.
As for whether she’ll sign the Arizona ICE Act, Hobbs said the 287 (G) agreements already exist and local law enforcement agencies can voluntarily enter them.
“I don’t think it’s right to give a one size fits all mandate to local agencies that are already struggling with resources and who already do cooperate with different law enforcement agencies,” Hobbs said.
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