Pima County publicly released a memo about how local officials should respond to federal immigration agents threatening arrests following a unanimous vote by the Board of Supervisors Tuesday.
In the first week of the Trump administration, federal agents began launching immigration raids and increasing the number of immigration arrests. As the arrests continue, activists and immigrants have started responding by demonstrating in the streets, as well as organizing rapid response networks and conducting know-your-rights trainings.
On Jan. 27, Pima County Administrator Jan Lesher issued a memo to the Board of Supervisors and other county officials. The memo briefly recapped a separate memo from Pima County Attorney Laura Conover, who issued instructions to post a notice in county buildings explaining that county officials should seek warrants, except for emergency situations, from federal agents.
Arizona Luminaria first reported on the memo on Jan. 29. Lesher told Arizona Luminaria at the time that county officials were working closely with the attorney’s office. The memo was not originally released to the public because of attorney-client privilege, Conover told Arizona Luminaria.
“Just as our community members are worried and fearful, so too are employers, teachers, librarians, medical personnel, and others throughout Pima County,” Conover wrote in an emailed statement on Jan. 29. “The needle being thread is how to respond correctly when handed a valid court order/warrant or how to identify what must be challenged in court.”
Supervisor Steve Christy, of District 4, requested on Jan. 30 that supervisors discuss waiving that privilege and release Conover’s memo to the public.
The public attorney’s office released the full memo to Arizona Luminaria as the supervisors meeting was still in progress.
DACA recipients a concern for county
The Jan. 27 memo offers guidance on two questions.
- Can federal agents (e.g. ICE agents) seek entry to or information from any Pima County facility or building?
The short answer: “Yes, in an emergency or with a judicial warrant deemed valid by the Pima County Attorney’s Office.”
- Can Pima County directors stop the entry of federal agents if, for example, their purpose is to interfere with the employment of DACA residents employed by Pima County?
The short answer: “Employees should not attempt to physically stop the entry of federal agents and should follow guidance provided in this memo to ensure they, their colleagues, and the County are protected.”
DACA stands for Deferred Action for Childhood Arrivals, and is an Obama-era program that provided protection from deportation to over 578,000 people. As of March, 2023, around 22,000 DACA recipients live in Arizona.
During the first Trump presidency, the administration sought to rescind DACA, but the move was blocked by the Supreme Court. The case could be back before the high court soon.
Conover’s memo recommends posting, “in large type” and “in reception areas throughout the county” a statement addressing federal law enforcement officers.
The statement is a response to “any federal agents seeking access to County facilities or employees in a non-emergency situation.” It instructs county employees to request a warrant, as well as federal law enforcement agents’ names, agencies, and badge numbers.
While the statement begins, “I want to be as helpful and cooperative as I can with any lawful orders,” the recommendations could prevent or slow down enforcement operations, raids or arrests if federal agents do not have a proper warrant.
“My instructions require me to quickly get a copy of your warrant and any paperwork you have,” the recommended statement continues. “I will share this information with my point of contact at Main County who will quickly consult with attorneys in order to comply with your request as soon as possible.”
Pima County facilities include courts, administrative offices, libraries, parks, the jail and other locations.
“In the near future,” the memo reads, “the County may consider establishing procedures regarding immigration enforcement.”
Meanwhile, according to the memo, “first and foremost, our employees should not put themselves or the County at risk or attempt to physically interfere or obstruct an immigration officer in the performance of their duties.”
The memo, however, also specifies the need for a judicial warrant and not just an administrative warrant.
According to the National Immigration Law Center, “Unlike a judicial warrant, an administrative warrant does not authorize a search.” Administrative warrants can be signed by ICE officials, whereas judicial warrants must be signed by judges.
The Pima County memo further specifies, “An administrative ‘warrant’ is not supported by a showing of probable cause and does not confer on an ICE agent the authority to compel Pima County employees to cooperate, including access to persons, facilities, or information.”
Federal threats
The delayed public release of the memo comes amidst ramped up immigration enforcement, including threats of immigration raids and mass arrests, as well as possible prosecution of local government officials if they hinder federal enforcement.
A Jan. 21 memo from the Acting Deputy Attorney General Emil Bove claims that state and local actors are required “to comply with the Executive Branch’s immigration enforcement initiatives.” The memo continues “Federal law prohibits state and local actors from resisting, obstructing, and otherwise failing to comply with lawful immigration-related commands and requests.”
The memo also notes that the Department of Justice will investigate and potentially prosecute any obstruction of federal immigration enforcement activities.
During a call to the audience session at the Feb. 4 meeting, community resident Laurie Moore asked the supervisors for a show of hands if they would assist or at least not hamper law enforcement from deporting undocumented migrants.
Only Christy raised his hand.
Christy said that the memo from the county attorney “didn’t say much” and was basically directing county officials to follow the law. “I don’t know how much teeth that guidance has,” Christy told Arizona Luminaria. He said federal immigration policy is “volatile” and the county sought to signal that they were “not sitting idly by and to make it look like they were aware of the situation.”
Speaking to Arizona Luminaria after the meeting, Supervisor Jen Allen, of District 3, said, “I would love to protect all of our families here.” But she acknowledged that federal immigration enforcement agencies have the law on their side.
“Checks and balances, this administration is trying to erode them,” Allen said, pointing to the importance of requiring warrants if agents are trying to access buildings to make arrests.
She pointed to the need of “ensuring we as a community are incredibly informed and incredibly engaged.”
In terms of messaging, however, Allen said of the county, “We could do more.”
Republish our articles for free, online or in print.
