Arizona Gov. Hobbs alarmed by border czar's vow to 'flood' some cities with agents

Homan, in Arizona last week, lashed out and what he called "sanctuary cities'' that have refused to cooperate with Immigration and Customs Enforcement in rounding up and deporting people who the government says entered this country illegally.

"You will see more agents in your neighborhoods, because you forced us into this position,'' he told those attending the Border Security Expo in Phoenix.

Hobbs said she does not believe that there are actually what she would call sanctuary cities in Arizona., something her press aide defines as those who actively interfere with federal enforcement of immigration law in violation of state laws.

But she conceded that Homan appears to take a broad approach, including in that category cities and counties who he believes are not actively cooperating with ICE. And it is these communities who could find themselves with new deployments of immigration agents.

And, that, Hobbs told Capitol Media Services, concerns her.

"What I hope this doesn't signal is a return to the kind of enforcement practices that ended up getting two people in Minnesota killed because they were more focused on indiscriminately rounding people up and not on keeping us safe,'' she said. "Because those kinds of tactics, they undermine the safety of the communities and law enforcement.''

What makes Homan's comments even more concerning is that they come the same week that state Attorney General Kris Mayes essentially gave the green light to city councils and board of supervisors to adopt resolutions and policies that specifically say they will not actively cooperate with ICE, particularly if they are involved in the non-criminal roundup of those without documents.

Mayes, in a formal legal opinion, acknowledged there are provisions in both state and federal law that forbid local communities from actively interfering with immigration enforcement efforts.

But Mayes, in an extensive analysis of the laws, said there is nothing that actually requires local governments to help in those roundups. In fact, she said, cities and counties even can make their buildings off limits to civil immigration enforcement and bar ICE agents from using city property, including parking lots, as staging areas.

What it ultimately all boils down to, Mayes said, is the U.S. Constitution.

"Federal government cannot require state cooperation without running afoul of the Tenth Amendment,'' she said. And the attorney general bristled at the idea that the border czar would threaten communities that are acting within what she says is their lawful authority.

"Arizona isn't going to be intimidated by threats from Homan,'' Mayes told Capitol Media Services. "Pima County and the city of Phoenix have enacted lawful measures that reflect the views of their communities.''

Hobbs, for her part, said she cannot say when the federal government crosses the line in trying to force cities and counties to help round up migrants.

"I think that's for the courts to decide,'' she said. "And I hope it doesn't get there.''

Hobbs said, though, that one way to avoid that confrontation between federal and local authorities is cooperation and coordination.

"I'll just go to the Surprise warehouse facility as an example,'' the governor said.

There, ICE and Homeland Security simply announced that it had purchased a vacant 418,400-square-foot industrial warehouse to house up to 1,500 people detained on immigration violations.

City officials pronounced themselves unable to do anything about it because they have no authority over zoning or land use of federal facilities.

Mayes is trying a different tactic, filing suit in federal court. She contends that Homeland Security did not comply with various immigration and environmental laws.

That case is still pending, though the plans for the warehouse conversion appear to have stalled, at least temporarily.

Hobbs said it should not have had to come to this kind of confrontation.

"When the federal government comes in and they just make this decision and don't work to gain the support of the community or even talk to the community about the impact that will have, that undermines safety all across the board,'' she said.

And that, the governor said, also applies to the possibility of some Arizona communities flooded, to use Homan's term, with ICE agents.

"They should be looking at ways that they can work with communities, whether it's on how they're going to house migrants or how they're going to go in and round them up,'' she said. "And the more they can do to cooperate and not have cities or jurisdictions feel like they're just coming in and just taking over, that's better for everybody.''

And that, said Hobbs, includes local communities — and the peace officers that serve them.

"Our law enforcement are doing everything they can to keep our communities safe,'' she said. "And they don't need other law enforcement coming in from the outside undermining that.''

Mayes has her own fears of what might happen if Homan orders federal agents into the state based on his view that cities and counties are not cooperating.

"Arizonans across the state do not want to see the disastrous policies implemented by ICE in cities like Minneapolis that do nothing to ensure public safety and in fact endanger everyone,'' she said.

The governor expressed similar concerns when asked if she fears that having federal agents patrolling streets in Arizona would get in the way of local law enforcement.

"Absolutely,'' she said. "I don't think anyone wants to see that here.''