By Howard Fischer
Capitol Media Services
PHOENIX -- Judicial Watch is suing Gov. Katie Hobbs, accusing her of ordering state police and National Guard to not cooperate with federal immigration authorities and then hiding that fact.
The national organization, which is known for filing public records lawsuits, contends that statements the governor made shortly after Trump was elected in 2024 are tantamount to declaring she won't use state resources to enforce his order for mass deportations. And that, the lawsuit says, runs afoul of a state law that bars public officials from restricting the enforcement of federal immigration laws, a position buttressed in a statement in a press release from Tom Fitton, president of Judicial Watch.
"Gov. Hobbs' apparent refusal to allow state resources to support lawful immigration operations undermines the rule of law and places law enforcement and other innocent lives at risk,'' he wrote.
The lawsuit, however, has no actual evidence that Hobbs issued any such order.
Instead, Judicial Watch is relying on a statement that the governor made to ABC News about a week after the 2024 election. And he is telling Maricopa County Superior Court Judge Frank Moskowitz that he should order her to produce any and all documents about her "official non-participation'' in deportation activities.
That interview took place at the border where Hobbs had gone to publicize her own deployment of National Guard soldiers to help Customs and Border Protection. Those, she said, are the thing she will do "that are most helpful in securing our border.''
"What I will unequivocally say is that as governor I will not tolerate efforts that are part of misguided policies that harm our communities, that threaten our communities, that terrorize our communities,'' Hobbs said. "And Arizona will not take part in those.''
The governor also predicted at the time it would lead to "people hiding in fear,'' similar to what happened when the Republican-controlled Legislature adopted SB 1070 in 2010 which was designed at least in part to require police to ask people they stop about their immigration status.
"It harmed communities, it tore families apart,'' Hobbs said. "That's not going to happen on my watch.''
The governor made similar comments days earlier at a press conference in Phoenix, saying she will "stand up against actions that hurt our communities.'' But she dodged a question at that time of whether she would use her powers to prevent the wholesale deporting of those who entered the country illegally.
All that, Judicial Watch said in its news release about the lawsuit, is sufficient to question whether she ordered those two agencies to withhold cooperation from federal immigration authorities.
Gubernatorial press aide Christian Slater called the action "a shameless, politically motivated lawsuit by a far-right activist group.''
"The governor believes law enforcement should follow all applicable state laws around coordination'' with federal agencies like Immigration and Customs Enforcement, he said. "But state law enforcement will not participate in activities that harm our communities such as ICE going into churches, schools, hospitals, or going after people who have been here for decades, who follow the law, who otherwise follow the rules.''
Slater also said the governor's office is unaware of any actual request by federal officials to actually coordinate with their deportation efforts, meaning there has never been an order from Hobbs to agencies telling them not to cooperate in those activities. The only direction Hobbs has given state agencies, he said, is to follow state laws.
The records request, sent Dec. 17, 2024, demands any documents about orders, directives or even suggestions to DPS that reflect "your official non-participation position'' as reported.
It also seeks documents that would reflect policies that would be in violation of a state law that says that no official or agency of the state or local government "may limit or restrict the enforcement of federal immigration laws to less than the full extent permitted by federal law.''
That statute actually was part of SB 1070. While much of that law was voided by the U.S. Supreme Court, that section was never challenged and remains on the books.
Michael Bekesha, a senior attorney for Judicial Watch, told Capitol Media Services that he finally got a response of sorts from the governor's office within hours of the lawsuit being filed filed last week.
"They sent us a letter that said, 'We did a search, we have no records that are responsive to your request, but here's seven pages of records that you may find interesting but aren't responsive,' '' he said. And that, Bekesha said, took nine months.
But why does he believe there actually are some records directing agencies not to cooperate?
"She told the media they were going to not help with the federal government's enforcement of immigration laws,'' Bekesha responded. "How can the governor say they won't do something without ordering her people not to do it?''
He conceded, though it "is possible'' that Hobbs never received a request from the federal government to have DPS and National Guard actually enforce immigration laws. And that would mean there would be no directive to either agency to refuse -- and no documents to produce.
"All we're wondering if she's taken any proactive steps,'' Bekesha said. "We think it's a fair question.''
And then there was the nine-month delay.
"The burden is on the governor's office to prove that they conducted an adequate search and then let us know that,'' he said. "If they want to provide us a declaration, something under oath that says, 'This is the search we did, we have no records,' then, yes, we'd be reasonable and the case would be over.''
That, said Slater, is the case.
"There are no responsive records because the governor's office has directed DPS to follow the law,'' he said, repeating that Hobbs never issued any order that it refuse to work with ICE on deportations.
But there is a policy of sorts.
"Unless a state crime has been committed that falls under the jurisdiction of DPS, our personnel ... do not conduct direct immigration enforcement,'' Jeffrey Glover, director of the agency, said in June. He said if a state crime is committed and someone's immigration status "becomes relevant,'' officers may notify federal agencies "in accordance with existing laws and protocols.''
Judicial Watch bills itself as a "conservative, non-partisan educational foundation'' which uses public records requests to investigate misconduct by government officials and files lawsuits "to hold to account politicians and public officials who engage in corrupt activities.''
It's recent lawsuits include one seeking records from the Department of Justice about decisions under the Biden administration to charge more people in connection with the Jan. 6, 2021 riot at the U.S. Capitol, another seeking records from federal agencies for spying a a Trump adviser, and documents related to the FBI investigation of Trump when he was a presidential candidate.
But it also has sued the CIA for records on what role convicted sex offender Jeffrey Epstein payed with that agency.
No date has been set for a court hearing.
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