ARIZONA GOVERNMENT GOVERNMENT IMMIGRATION POLITICS / Modified apr 7, 2025 8:16 p.m.

Democrats pushback on Arizona ICE Act

Democrats oppose the Arizona ICE Act, warning it mirrors 287g policies and could lead to racial profiling without improving public safety or stopping drug crime.

360 capitol museum The Arizona State Legislature in Phoenix.
Steve Riggs/AZPM Staff

Democratic state lawmakers are pushing back against the Republican-backed Arizona ICE Act, which would force local law enforcement to assist in immigration enforcement.

“If you're concerned about drug trafficking or taking fentanyl off our streets, Senate Bill 1164 does not provide new tools to do that,” House Minority Leader Oscar De Los Santos said.

Democrats say the proposed bill echoes similar agreements that are already available to states. Law enforcement agencies can choose to enter into ICE’s 287g program, which directs how local law enforcement may assist federal immigration officers.

Right now, five state and local law enforcement agencies have 287g agreements with ICE, including the Arizona Department of Corrections, La Paz County Sheriff’s Office, Pinal County Sheriff’s Office, Yavapai County Sheriff’s Office, and the Mesa Police Department.

Activists believe these agreements increased racial profiling during traffic stops. While speaking on the House floor, Representative Brian Garcia (D-Phoenix) shared his own story of how border patrol questioned his father during a checkpoint stop.

“The questions that were raised were because the agent believed that my dad was trafficking me because he had a darker skin color than I did,” Garcia said. “My fear with this bill is that this is not a one-off situation.”

However, instead of mandating 287g agreements, the bill requires county sheriffs and the Arizona Department of Corrections to temporarily house people subject to Immigration and Customs Enforcement detainers. The bill says, that if sheriffs and the Department of Corrections do not comply with detainer requests the state Attorney General can sue them.

Republican lawmakers see the bill as necessary to ensure that immigration enforcement is followed.

“(If) somebody breaks into your backyard, we have laws that protect you, that protect your family,” Republican House Speaker Steve Montenegro said. “This bill is about public safety. This bill is about making sure that we continue to tell the rest of the world you cannot take advantage of our country.”

The bill passed the Senate in February and was given initial approval by the House on Monday. It still must receive approval by the full House.

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