Hobbs Vetoes Arizona ICE Act, ‘States Should Take Money Not Marching Orders’ From Feds

It was just weeks ago that Governor Katie Hobbs complained about the Trump administration’s decision to delay funding from the Department of Homeland Security in order to conduct a “manual review process” prior to further distribution to states and municipalities.

“Delaying critical reimbursements to state and local law enforcement who support federal border security mandates and statewide drug and human trafficking interdiction efforts endangers public safety and undermines the security of Arizona and the nation,” said Hobbs of Operation Stonegarden funding.

Operation Stonegarden (OPSG) is a federal grant program administered by FEMA that provides funding to state, local, and tribal law enforcement agencies to enhance their capabilities for border security. OPSG provides overtime pay and equipment for state and local law enforcement agencies involved in border security operations.

So it was a surprise to everyone, even supporters of the Governor, that she vetoed a bill, SB 1164, dubbed the AZ ICE Act, which would have strengthened border security. Supporters back the bill because it blocks cities and towns from restricting law enforcement cooperation with federal immigration authorities and their enforcement of federal immigration laws.

If cities, towns, or counties had failed to comply with the AZ ICE Act, state lawmakers could file a complaint with the Arizona Attorney General requesting an investigation, also known as a 1487, and it the Attorney General’s investigation revealed state law was violated, then state-shared revenues could be withheld until compliance.

The bill also required county sheriffs and the Arizona Department of Corrections to comply with immigration detainer requests, preventing criminal illegal aliens from being released back on the streets. Additionally, law enforcement could enter into 287(g) agreements with the federal government.

Democrats have questioned why Hobbs would demand the OPSG funding, as they have rejected it due to the fact that it enhances border security. Both Pima and Santa Cruz counties have refused to apply for OPSG funding.

In her veto letter, Hobbs wrote “I will continue to work with the federal government on true border security, but we should not force state and local officials to take marching orders from Washington D.C.”

One Capitol insider found irony in the governor’s rationale. “She says state and local officials should not take marching orders from Washington D.C., but it is okay to take the money? She has never be known for being a principled person on any level, so I guess that makes sense in her world.”

House Speaker Steve Montenegro defended the bill during the process, rebuffing claims that the bill was somehow discriminatory “This bill is about upholding the rule of law—not about race, not about discrimination, but about respect for our nation’s laws and those who follow them.”