By Howard Fischer
Mail | X: @azcapmedia

PHOENIX — Republican lawmakers approved two measures on what they call border security legislation that some Democrats contend amount to “conscripting” local police to enforce federal immigration laws.

That includes helping to capture and deport people whose only offense is being in this country without documentation — and even those who have judicial authorization to stay.

On Thursday, the Senate gave final approval on a party-line vote to Senate Bill 1164. The measure, now headed to Gov. Katie Hobbs, not only prohibits state and local government from adopting policies that restrict cooperation with immigration authorities but directs the attorney general to investigate complaints against local governments, with the possible penalty of losing their state share revenues.

Meanwhile, House Bill 2099, awaiting a final House, vote spells out that cities, towns and counties “shall enforce, administer and cooperate with federal actions, orders and programs that related to the enforcement of federal immigration laws.”

In both cases, the sponsors said they want to ensure there is full cooperation with Immigration and Customs Enforcement.

But there’s something else behind HB 2099 crafted by Rep. Teresa Martinez. 

The Casa Grande Republican acknowledged she using the measure to test the governor’s commitment to dealing with illegal immigration. In fact, it goes beyond forcing local governments to cooperate with immigration officials and extends those same cooperation requirements to Hobbs as well as Attorney General Kris Mayes.

Martinez said during a hearing on the measure the governor has repeatedly said she believes there needs to be cooperation among all levels of government to deal with border crime and security. As far as Martinez is concerned, that means deporting all those who have no legal right to be here.

“What I want to know from Gov. Hobbs is whether she believes it,” Martinez said. “My question for the governor and the AG: Where do they stand?”
What’s behind that, she conceded, is political: Both Democrats are seeking reelection in 2026.

“Next year, they’re going to talk about protecting the border,” Martinez said.

“Next year, they’re going to be talking about how they’re working with the Trump administration,” she continued. “Next year, they’re going to be declaring drug cartels ‘terrorists,’ even though she vetoed that bill last year.”

That measure, which went to Hobbs in 2023, not only made such a declaration but directed the state Department of Homeland Security to “do everything within its authority to address the threat posed by drug cartels.”

The governor, in her veto message, said it’s up to the federal government to decide who is a “terrorist organization.” Anyway, Hobbs said, the state agency really isn’t involved with law enforcement but instead mainly administers federal grants.

But Hobbs did say at the time she looks forward to working with local, state and federal partners “to proactively address concerns at our southern border.”

Martinez told other lawmakers that signing HB 2099 is the governor’s chance to prove that she’s about more than rhetoric.

“She’s going to want to broaden her base” ahead of the election after winning her 2022 race by just 17,117 votes, Martinez said.

Senate President Warren Petersen, the author of SB 1164, also made it clear he sees what Hobbs does with his bill as a test of sorts.

“It’s time for the governor to put politics and partisan animosity towards President Trump aside,” he said in a prepared statement.

Asked about the measures Thursday, an aide to Hobbs referred to a statement the governor made during a February press conference when she was asked about SB 1164, which not only requires police agencies to cooperate with ICE but for sheriffs to honor requests by the agency to hold people for deportation until they arrive. Hobbs pointed out at that time that individual sheriffs already can voluntarily enter such agreements.

“I don’t think it’s right to give a one-size-fits-all mandate to local agencies that are already struggling with resources and who already do cooperate with different law enforcement agencies,” she said at the time. But the governor said there’s a broader issue.

“This would tie our hands and require us to be in lockstep with Washington, D.C., policy, which I’ve often disagreed with on immigration,” Hobbs said.”I think the way that we’re doing things right now works just fine.”

If that isn’t an indication that both measures are likely to meet with a veto — even with Martinez promoting her HB 2099 as a litmus test of the governor’s commitment to deporting those not here legally — Hobbs had specific thoughts about being told she personally would have to cooperate with immigration authorities.

“When I was sworn into office, I took an oath to uphold the Constitution of the United States and the state of Arizona,” she said.

“That’s what I’m doing,” Hobbs continued. “I don’t need another law to do that.”

The politics of HB 2099 aside, Martinez made it clear she not only wants a zero-tolerance standard for those without legal status but that state and local officials should be required to help enforce that.

On one hand, Martinez said she believes that means prioritizing going after those who have committed violent crimes. But she acknowledged there’s bound to be some “collateral damage” to others.

Consider, she said, a raid that goes after “a gang banger who has raped a young child.”

“However, next to him is a friend who also committed the crime of being in this country illegally,” Martinez said. “If you’re in this country illegally and you get swept up in that, then why should we make an exception that you should stay.”

But the objections to having local police involved in all that go beyond simple enforcement of immigration laws. There’s the question of who else is swept up in all this.

During a committee hearing, Senate Democrats pointed to a series of incidents where people who had been told by courts they could stay in the country were not just detained by Immigration and Customs Enforcement but deported to a maximum security facility in El Salvador — a move even the Trump administration has acknowledged in one case was an “administrative error.”

“In our name, our federal government is disappearing people without the chance to prove who they are or why they might have a fear of returning to the country where they came,” said Senate Minority Leader Priya Sundareshan.

The Tucson Democrat said it amounts to “conscription of our Arizona law enforcement authorities into the often illegal and unconscionable actions of the federal government as our federal immigration programs are occurring to this day.”

Rep. Betty Villegas said there’s good reason not to force state and local officials to enforce what she said are often vague federal laws and mandates.

“Without clear definitions and safeguards, it could force Arizona to comply with federal actions that may later be struck down in court,” said the Tucson Democrat.

That aspect also struck a chord with Tucson Mayor Regina Romero, who complained about “an inconsistent and misdirected federal policy that seems to change on a daily basis.” And, speaking specifically about HB 2099, the mayor said she is in agreement with the governor.

“This bill puts the burden on our already overloaded police officers and local law enforcement to do a job they’re not trained for, responsible for, or paid for,” she said in a statement. “This bill erodes the work we have been doing to build trust, to make sure Tucsonans feel comfortable reporting crimes and engaging in city services.”

Martinez, however, said to her the issue is simple: Anyone who is here illegally should be deported.

She is not alone.

Sen. John Kavanagh talked about the high-profile case of Laken Riley, a nursing student at Augusta University in Georgia who was murdered last hear while jogging. Her attacker, Jose Ibarra, was found guilty on multiple charges and sentenced to life in prison without the possibility of parole.

But the Fountain Hills Republican also noted that Ibarra, who entered the country illegally in 2022, had previously been arrested in New York and Georgia.

“Had those department been forced to follow the type of regulation that HB 2099 would require, they would have contacted ICE who would have picked up Mr. Ibarra and deported him from this country,” Kavanagh said. “Laken Riley, instead of being dead, would probably be working in the emergency room saving lives instead of now being six feet under, lifeless.”

Even if Hobbs vetoes one or both measures, that’s not likely to be the end of the debate. GOP lawmakers have the option of putting the issue to voters on the 2026 ballot — the same one where Hobbs and Mayes will be seeking reelection — bypassing the need for the governor’s approval.