Phoenix City Council Creates Local Oversight for Immigration Enforcement While State Lawmakers Demand Investigation

Phoenix Police Chief to Serve as Gatekeeper for Federal Immigration Operations

The Phoenix City Council approved a new policy Wednesday that requires federal Immigration and Customs Enforcement (ICE) to obtain permission from the city manager before using city property for operations. The measure passed 8-1, with opposition from one council member who argued the policy goes too far.

Phoenix Police Chief Michael Giordano will serve as the main contact for any federal, state or local agency seeking to use city property for law enforcement activities. The policy also requires city workers to document any civil rights violations during federal immigration enforcement and mandates training on judicial warrants and what to do when encountering federal agents.

Community Leaders Call for More Action

About 100 community members and immigrant advocates attended Wednesday's meeting to share their views on the policy. Phoenix Mayor Kate Gallego said one of the main goals is to have procedures in place should ICE agents be involved in criminal or civil violations.

"This is a very good policy to start with, but it is not enough," one Phoenix resident said during public comment. "One of the problems is that the chief of police can recommend to authorize it, and the city manager can authorize it. Neither one of those people are elected, and there are some sectors of the community that don't trust either one of them."

Phoenix campaign manager Andrea Luna Cervantes with Organized Power in Numbers said the policy represents a "great first step" but more is needed. "Much different tone. I think today we're really thankful of the work that's been done and we definitely want to see more and are coming to demand more right because we see what's happening."

The initiative came in response to federal raids at Valley Zipps locations in January and the Department of Homeland Security's purchase of a warehouse in Surprise for $70 million to convert into an ICE detention center.

State Lawmakers Force Investigation into Phoenix Policy

While Phoenix develops its approach, Republican state lawmakers are taking action at the state level. Rep. Quang Nguyen of Prescott Valley, who chairs the House Judiciary Committee, submitted an SB1487 complaint to the Arizona Attorney General's Office challenging the legality of Phoenix's new administrative regulation.

Nguyen argues the policy violates Arizona law that prohibits state and local governments from limiting or restricting federal immigration law enforcement. "Phoenix crossed the line," Nguyen said in a press release. "This policy does not simply decline to help. It puts city government in the position of controlling whether federal immigration enforcement can use public property to carry out operations. That is a restriction on enforcement, and Arizona law forbids it."

Senate President Warren Petersen, joined by Senate President Pro-Tempore TJ Shope and Senate Majority Leader John Kavanagh, forced the Democratic attorney general to conduct a review of Pima County's similar anti-ICE policies. Petersen told Fox News Digital that the chamber's resolution will start a 30-day clock for Kris Mayes to respond and ultimately determine whether Pima County has violated state law or the U.S. Constitution.

What Does the Policy Actually Require?

The Phoenix policy bans ICE from using city property as a staging area or home base for operations without special permission from the city manager. Exceptions include Phoenix Sky Harbor Airport and cases in which federal agents have a judicial warrant or an emergency situation in which a suspect is fleeing.

The city will start documenting and saving information about what federal immigration enforcement is doing in Phoenix and tracking how these actions affect city services, like police and fire departments. The policy also starts a Know Your Rights campaign that will be made available in more than 120 languages.

The Legal Battle Ahead

Under state law, the Attorney General's Office must provide a written report in response to SB1487 complaints within 30 days. If the Attorney General's Office upholds an SB1487 complaint, the issuing entity has to repeal the disputed policy to avoid losing its share of state revenue.

The policy represents a significant escalation in the state's ongoing debate over immigration enforcement. Phoenix city police officers do not have oversight of the federal government, but the new measures create what critics call a "permission slip" system that requires city-level approval for federal operations on city property.

The 8-1 vote came after nearly three hours of discussion, with the policy representing what some call step one in a longer process of establishing local oversight of federal immigration activities in Phoenix.