By Howard Fischer
Capitol Media Services
PHOENIX -- Two high-ranking members of the Trump administration are coming to Arizona Tuesday to promote the administration's policies and support parallel legislative efforts here.
Tom Homan, tapped by the president to be his "border czar,'' is set to address a joint session of the House and Senate.
That comes just a day after House Republicans approved a plan to require state and local agencies to cooperate with federal immigration officials. The future of that bill remains in doubt, however, as Gov. Katie Hobbs has repeatedly vetoed measures to have the state play a role in enforcing immigration laws.
But it will be Robert F. Kennedy Jr., the secretary of Health and Human Services who will be addressing more immediate -- and potentially more far-reaching -- efforts to change state law in the name of public health.
His press conference comes as lawmakers are set to give final approval Tuesday morning to ban some of what are being called "ultra-processed foods'' from schools. That includes not just what is available in the cafeteria but also what can be purchased at snack bars and from school vending machines.
Rep. Leo Biasiucci, who crafted HB 2164, has a specific idea of what fits that definition. It includes everything from potassium bromate which is used in making bread to a host of food colorings including Blue #2 which is a synthetic version of indigo used on baked goods, cereals and candies to Yellow #6, the dye that gives Cheetos that distinctive color.
In many ways HB 2164 is a small piece of what Kennedy is promoting at the national level to remove artificial dyes from the entire food supply. He has argued that there are public health risks, including cancer and behavioral issues in children.
Federal health officials already took action earlier this year to ban Red # 2, which has been linked to cancer -- but not until 2027.
Kennedy, in his Tuesday press conference, also is expected to address HB 2165, which is set for a final vote on Tuesday.
That deals with the federal Supplemental Nutrition Assistance Program, also known as food stamps. What can and cannot be purchased is governed by federal regulations.
This measure, also sponsored by Biasiucci, directs the Department of Economic Security to request a waiver from those rules to deny Arizonans getting SNAP benefits from using them to purchase sodas.
In an interview with Capitol Media Services, the Lake Havasu City Republican said SNAP was designed to provide those in need with an opportunity to put food on the table.
"But it has turned into this free-for-all where, outside of alcohol and tobacco, you can buy whatever you want,'' he said. "I don't think that was ever the intent of the program.'
Biasiucci's original proposal also sought to ban the use of food stamps for candy, defined as "a preparation of sugar, honey or other natural or artificial sweetener in combination with chocolate, fruit, nuts or other ingredients or flavorings that form bars, drops of pieces.''
That, however, ran into problems as he was unable to draw a line between candy bars and nutrition bars. So now the measure focuses solely on sodas.
Biasiucci defended the fact that his measure also would bar the use of SNAP benefits for sugar-free sodas
"The word 'nutrition' is literally in the title,'' he said. "We need to get back to these dollars going to foods that actually provide nutritional value.''
Kennedy, who has promoted the idea of Make America Healthy Again, just last month encouraged states to apply for waivers to disallow soda purchases.
Only thing is, the program is administered not by his agency but instead by the U.S. Department of Agriculture. And while that agency legally can grant waivers, there is some belief that only Congress actually can amend the law to decide what can and cannot be purchased with food stamps.
Homan's speech to the Legislature comes just a day after the House on Monday gave preliminary approval to SB 1164.
That measure would prohibit state and local officials and agencies from adopting or enforcing any policy or practice that prohibits cooperation with federal immigration authorities. It also requires the attorney general to investigate any time a state legislator files a complaint accusing any public entity of refusing to cooperate.
Another provision requires law enforcement agencies and the Department of Corrections to notify Immigration and Customs Enforcement that they have someone in their custody who the agency says is not in the country legally and to hold that person for ICE. And it permits any taxpayer to file suit if the attorney general fails to enforce provisions of the measure.
The voice vote came over the objections of Democrats who worried about the effects of the proposal.
House Minority Leader Oscar De Los Santos, who formerly taught English and social studies to sixth graders, spoke about the effect on students if schools are forced to cooperate with immigration officials.
"I had students who were undocumented,'' he told colleagues.
"Under SB 1164, those students would live in fear and terror coming to school every single day that an ICE agent could show up during English, detain them, and deport them,'' De Los Santos said. "I don't think that's who we are as a state.''
Rep. Alexander Kolodin said all that misses the point.
"What about the fact that Congress made our federal immigration laws?'' asked the Scottsdale Republican. "And all this bill does is continue to strengthen our state's enforcement of those laws.''
And House Speaker Steve Montenegro said this isn't aimed at immigrants.
"This bill is about public safety,'' said the Goodyear Republican. "This bill is about making sure we continue to tell the rest of the world you cannot take advantage of our country, you cannot ignore our laws, you cannot ignore the rule of law that the United States of America stands for.''
And he chided foes who have raised questions about whether strict enforcement of immigration laws will curtail the number of workers needed to harvest crops and do housekeeping chores.
"That's what you call labor,'' Montenegro said. "That's separate.''
In a separate statement announcing Homan's speech, the speaker praised him as "a patriot who has dedicated his life to defending our nation's sovereignty and keeping America safe.''
"His firsthand experience and no-nonsense leadership are exactly what our members need as we advance our majority plan to promote public safety, preserve the American dream, and protect the rights and liberties of every Arizonan,'' Montenegro said.
De Los Santos, however, had a different take on Homan and ICE as "flailing, incompetent and illegally deporting people who are lawfully present in the United States.'' He said a better approach is the one taken by Hobbs who has funded programs to seize fentanyl pills.
Homan himself has defended the ability of ICE agents to use discretion in making arrests, even if someone is inside a church or school, saying they evaluate them "on a case-by-case basis.''
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