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.