By Howard Fischer
Capitol Media Services
PHOENIX -- The head of the Arizona Sheriffs' Association said Monday that he and his counterparts in all 14 counties should be forced by state law to hold those they have arrested if they are wanted by Immigration and Customs Enforcement.
At a press conference, Yavapai County Sheriff David Rhodes said he disagrees with the decision of Gov. Katie Hobbs who last week vetoed legislation which was designed to ensure more cooperation between local and federal officials. That specifically included a mandate that county sheriffs honor "detainer'' requests made by ICE to hold those who have been arrested on state crimes until the federal agency can pick them up.
That is something that sheriffs can do now. And Rhodes said he believes a majority of the sheriffs do comply.
"But you have a handful that are not,'' he said.
Rhodes did not name names. But Pima County Sheriff Chris Nanos is among those who said his agency will not participate in plans by ICE to conduct mass deportations, including holding those in county jails for anything beyond the state crime for which they were arrested.
That, said Rhodes, is wrong.
"The state should be telling those sheriffs, 'If you have somebody in your custody, and that person has committed crime, particularly violent crime, and they are subject to removal from this country, they must notify the immigration authorities,' '' he said. "I do believe that that is a fair, common sense, piece of legislation and direction that they need to follow.''
The requirement to hold individuals for ICE was just part of what was in the measure vetoed by Hobbs.
It also would have authorized the attorney general to file suit against any non-cooperative law enforcement agency. And if the AG balked, a taxpayer could go to court.
Another provision would have prohibited state and local agencies from adopting or enforcing any policies that prohibit cooperation with federal immigration authorities. And it also directed the attorney general, on request of any legislator, to investigate those entities that restrict such cooperation.
Hobbs, in her veto message, said that "force state and local officials to taking marching orders from Washington, D.C.''
But Senate President Warren Petersen said this would have amounted to state lawmakers, not the federal government, setting policy for state and local governments. The Gilbert Republican who crafted the now-vetoed bill said it served a public purpose: allowing immigration officials to take those not here legally into custody at a jail versus agents having to go look for them in the community, a much riskier process.
What's next for the measure remains unclear. One option is put the measure on the 2026 ballot.
Petersen said voters already have made it clear they support greater local involvement in enforcement of immigration laws, citing the approval in November by a 63-37 margin of Proposition 314.
That measure made it a state crime, enforceable by state and local police, for anyone who is not a citizen to enter Arizona at other than a port of entry. There also are new requirements for verification of immigration status of those seeking public benefits as well as making it a felony to submit false documents when applying for a job or seeking benefits.
But Petersen said Republicans may have a higher priority for the 2026 election.
"The governor will be on the ballot,'' he noted. "So, part of the equation will be, is the focus going into getting a governor that will sign the bill, or does this go on the ballot with her?''
Petersen said the bill that went to the governor did include some compromises, mainly changes sought by law enforcement. But he said he would not have made other changes in an effort to line up votes or address concerns.
One of those objections was that, as worded, the measure requiring cooperation with ICE would have affected not just city and county policies but also those of public schools. That drew concerns from some school districts who said they did not want to be forced to allow immigration officials onto their campus.
Petersen brushed aside their concerns.
"That's the case right now,'' he said. "ICE can already go into schools.''
He also derided Hobbs who said in her veto message that she is using state resources the way they are designed: to stop the flow of fentanyl across the border.
"Just 90 days ago, the Coconino County Sheriff's Office conducted a traffic stop along I-40 and found 24 pounds of fentanyl in the vehicle,'' Petersen said. "The governor's policies are not stopping fentanyl from being transported into our state.''
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