Arizona Politics

Phoenix Immigration Policy Heads Toward Potential Supreme Court Showdown

Arizona House Judiciary Chairman Quang Nguyen (R–AZ) is demanding that the state's attorney general investigate a new Phoenix policy that limits federal immigration agents' access to city property.

Rep. Nguyen sent a formal letter to Attorney General Kris Mayes (D-AZ) this week asking her to review Phoenix Administrative Regulation 5.32.

The rule, passed by the Phoenix City Council in an 8-1 vote, requires federal agencies to obtain the city manager's approval before using city-owned facilities, such as parks, libraries, and community centers, for immigration enforcement staging or operations.

The Republican lawmaker argues the policy directly violates Arizona state law, specifically a provision that prohibits cities and other local governments from limiting immigration enforcement "to less than the full extent permitted by federal law."

Furthermore, in his letter, Nguyen drew a pointed distinction between passive non-cooperation, which is legally permissible, and what he describes as active interference.

He contends the regulation crosses that line by giving the city manager unchecked discretion over when, where, and how federal agents can use city property, with no clear, objective standards to guide those decisions.

"Phoenix has no authority to put the enforcement of federal immigration law behind a political gatekeeper," Nguyen said, adding that the regulation turns enforcement activity into what he called "a permission slip signed by the City Manager."

Phoenix Pushback

However, Phoenix leaders framed the measure differently.

Mayor Kate Gallego (D-AZ) and the council majority said the policy, dubbed the Community Transparency Initiative, is designed to protect residents' civil rights amid intensified federal enforcement activity, while still operating within the bounds of both state and federal law.

The initiative also includes a multilingual complaint platform for documenting alleged civil rights violations, employee training for encounters with federal officers, and a "know your rights" webpage available in over 120 languages.

The city hired outside legal counsel for $1 million to assist with any immigration-related legal challenges.

Nguyen has requested a written response from Mayes within 30 days, as required by state statute.

In his letter, he noted that if Phoenix repeals the regulation on its own, the investigation should be dropped. If Mayes finds the policy unlawful, however, Nguyen is urging her to take the matter to the Arizona Supreme Court.

Ericka Rodriguez Diaz

Ericka Piñon is a reporter for Cactus Politics specializing in Arizona Legislative Correspondent. With 1 year on the ground in Phoenix, Arizona, they have been cited by Cactus Politics, Big Energy News, The Floridian Press, and Texas Politics. Her focus is on Public Relations and Communications.

Recent Posts

Abe Hamadeh Condemns Houthis' Capture of Yemeni City of Mocha

Representative Abe Hamadeh (R-AZ) spoke out against the Iran-backed Houthis' capture of the Yemeni city…

1 hour ago

Kris Mayes Highlights Effects of Naloxone Distribution Program

Arizona Attorney General (AG) Kris Mayes highlighted that her office's naloxone distribution program has saved…

2 hours ago

Ruben Gallego Calls for Bipartisan Senate Select Committee on AI

Senator Ruben Gallego (D-AZ) is calling for the Senate to establish a Select Committee on…

3 hours ago

SNAKEBITE— 9.10.26— Mayes on HUD Rule Reversal— Nguyen & Wilmeth on New USS Arizona— Hikers Rescued After Flooding, Much More...

Mayes on HUD Rule Reversal Arizona Attorney General (AG) Kris Mayes recently celebrated the reversal…

7 hours ago

Andy Biggs Supports ASU’s Proposal to Establish American Defense Center

WASHINGTON — Rep. Andy Biggs (R-AZ) announced Wednesday his support for an Arizona State University…

23 hours ago

Kris Mayes Celebrates Reversal of HUD Fair Housing Assistance Changes

Arizona Attorney General (AG) Kris Mayes recently celebrated the reversal of changes the Department of…

1 day ago