Judge halts Pinal County attorney’s ICE cooperation deal

Maricopa County Superior Court Judge Michael Gordon ruled Pinal County Attorney Brad Miller had “no authority” to enter into the so-called 287(g) agreement, which governs how local law enforcement can assist federal immigration efforts.

The May 15 hearing was consolidated as a trial on the merits, but Gordon's final ruling from the bench came as a surprise to the attorneys.

In a released statement by the county's office, Miller stated he was disappointed in the court ruling and was "strongly considering an appeal."

Pinal County released a statement that lauded the ruling that confirmed state law gave the board of supervisors the "exclusive authority" to approve local contracts and oversee spending.

The Pinal County Board of Supervisors' lawsuit was filed in February after it learned in January that Miller had signed the agreement without its approval or notifying the board for months.

In August, Miller entered into the “task force model” of the agreement, which allows for on-the-ground enforcement.

The federal statute authorizes law enforcement agencies to aid Immigration and Customs Enforcement in investigating, apprehending and detaining people in the country illegally. The local officers act under oversight by the Department of Homeland Security and ICE.

The judge stated at the nearly three-hour-long court hearing that Miller “exceeded his authority” and was “intruding” on authorities provided to the county sheriff. Miller also was “exposing the county to additional liability,” Gordon said.

Miller’s lawyers argued the county attorney’s office was a political subdivision that had the power to sign the agreement. The lawyers also argued the board had no power to block the county attorney's 287(g) agreement.

Linley Wilson, one of Miller’s attorneys, said the board should not be “micromanaging” the county attorney’s office.

Without the agreement, the county's communication with ICE and DHS would be hindered, Wilson said.

Miller’s team also filed a motion to dismiss the case, which was denied.

The board’s attorney, Brett Johnson, argued that state law does not give county prosecutors the authority for the on-the-ground enforcement that the task force model of the agreement allows. That role remains within the sheriff’s office.

“The county attorney is way, way outside his lane and is taking both the powers of the board and the powers of the sheriff,” Johnson said.

He also argued that a prior agreement with DHS for the jail enforcement model with the sheriff’s office was approved by the board in an open meeting. That agreement has been in place since 2009 and was most recently updated in January.

In issuing his ruling, Judge Gordon stated the board had “demonstrated" success on the merits.

Wilson requested a stay of Gordon's ruling as a formality with the anticipation of requesting it with a higher court. She said it would also allow them time to consult with Miller to consider a potential appeal.

In his news release, Miller wrote he respected the court's "prompt ruling." However, the decision will no longer allow the attorney's office to share information with federal offices under the agreement to "assist ICE in locating and arresting dangerous violent criminals in the community before they commit a crime," he wrote.

Pinal County Sheriff Ross Teeple, in the released county statement, said his deputies "work with and share information with ICE on a daily basis and that will continue.”

Teeple said that has always been permitted under Arizona law for any law enforcement agency.

Board of Supervisors Chairman Jeffrey McClure, in a written statement, said, "This lawsuit is about whether elected officials must follow Arizona law, respect the limits of their office and properly safeguard taxpayer dollars. We are grateful that the Judge agreed and put a stop to Mr. Miller’s waste and abuse".

If appealed, the matter would then be heard in the Arizona Court of Appeals.