Arizona’s governor recently vetoed a bill supported by Republican lawmakers that would have mandated state and local officials to assist federal immigration enforcement efforts. This proposed legislation aimed to prevent any restrictions on cooperation with federal immigration agencies, including the use of federal databases and funding related to enforcement. It also would have required adherence to federal requests to detain individuals in state custody for potential immigration violations.
The governor stated that while she intends to collaborate with the federal government on border security, she opposes compelling state and local entities to follow federal directives in this manner.
Proponents of the bill argued it was necessary to ensure the safe and efficient transfer of individuals to federal custody, preventing the need for later apprehension after release from local detention. Conversely, opponents contended that immigration enforcement is the responsibility of the federal government. They also raised concerns about the potential financial burden on local governments and the negative impact on trust between local law enforcement and immigrant communities. Furthermore, they pointed to past Arizona immigration laws that resulted in legal challenges, including a racial profiling verdict.
The Republican Senate President who sponsored the bill asserted that it was intended to position Arizona as a supportive partner in federal immigration efforts. The legislation outlined requirements for state prisons and county jails to enter agreements for temporary housing of individuals with federal detainers. Local agencies would have been obligated to comply with these detainers and inform judges of any immigration detainers when setting bail. Additionally, the bill proposed that the state attorney general investigate alleged violations of these cooperation rules and pursue legal action for non-compliance, with the potential for withholding state funds from non-compliant local governments.
An earlier, comprehensive state immigration law from 2010 also addressed state and local cooperation with federal immigration enforcement, prohibiting limitations on the enforcement of federal immigration law and allowing residents to sue over alleged violations. However, reports indicate no such lawsuits have been filed in the years since its enactment.
Over a year prior, the governor vetoed a bill that sought to criminalize the entry of non-citizens into the state from Mexico at locations other than official ports of entry. The Republican-led legislature subsequently bypassed this veto by placing a similar measure on the ballot, where it was approved by voters.
Amidst these developments, the governor has expressed a willingness to collaborate with the federal administration on issues such as combating illegal drug trafficking. However, she has also acknowledged the concerns of families regarding increased immigration enforcement. The governor has stated her intention to veto all legislative bills until a resolution is reached regarding funding for a state agency serving individuals with developmental disabilities, a point of contention with GOP lawmakers who accuse her of mismanagement. The governor, in turn, argues that Republicans are exploiting this situation for political gain and has indicated her readiness to veto even bills she might otherwise support.
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