Arizona AG Kris Mayes talks about if ICE can legally enter homes, Stand Your Ground law

PHOENIX — Arizona Attorney General Kris Mayes clarified when Immigration and Customs Enforcement (ICE) agents are and are not legally allowed to enter homes after a memo was released about them having sweeping power to make forcible entries.

On Tuesday, an internal memo obtained by The Associated Press authorized ICE officers to use force to enter a residence, but was based solely on a more narrow administrative warrant to arrest someone with a final order of removal.

According to Mayes, Arizonans are not required to let ICE agents in on an administrative warrant because it is not signed by a judge.

“Pursuant to the Fourth Amendment, you do not,” Mayes told KTAR News 92.3 FM’s Outspoken with Bruce & Gaydos on Thursday. “They are making up the rules as they go along. … They are violating them. They are trashing our Constitution.”

Mayes added that federal immigration officers are not allowed to go door-to-door, touching on rumors that agents were doing that in Minneapolis.

AG Kris Mayes concerned about residents using lethal force against ICE

The attorney general said she is specifically worried about Arizona’s Stand Your Ground law when it comes to ICE forcing entry into homes.

“My concern is that ICE has set up this situation that’s so combustible in a state like Arizona that has Stand Your Ground law,” Mayes said. “(Stand Your Ground) is really expansive and it says, ‘If you reasonably believe that your life is in danger and especially if you are in your home or automobile, … you can use lethal force to protect yourself.'”

However, Mayes cautioned Arizonans against doing this if they know for a fact that it is ICE.

“If you are really sure that they are ICE and they present a badge or they present identification, then I would not recommend using lethal force against them,” Mayes said.

Instead, the attorney general advised any residents who have ICE agents show up at their door without a judicial warrant and force their way in to call 911 and then her office.

On Thursday night, Arizona Police Association Executive Director Joe Clure denounced similar comments Mayes made to 12News on Tuesday about ICE operations and Arizona’s Stand Your Ground law.

Clure claimed that during the interview, Mayes described scenarios where someone could claim legal justification for shooting a law enforcement officer. Specifically, he said that Mayes explained how deadly force could be justified against law enforcement officers who are not easily identifiable due to masks or nontraditional uniforms.

“This framing is deeply troubling and dangerous,” Clure said in a press release. “Law enforcement officers at every level including state, local and federal agencies do not always wear traditional uniforms.”

He emphasized that officers across Arizona wear plain clothes or protective face coverings when it is required, adding that their legal authority is not diminished by that.

“Words from elected officials matter. It only takes one unstable individual to interpret such commentary as permission or encouragement to use deadly force against police officers,” Clure said.

Mayes told KTAR News 92.3 FM’s Outspoken with Bruce & Gaydos that she wants to prevent any violence against law enforcement, but also emphasized the importance of law enforcement identifying themselves.

“I don’t want people using lethal force ever, ever on a police officer,” Mayes said. “But police officers, cops identify themselves. My agents identify themselves. And we’re being particularly careful about that now … in this situation, which is dangerous.”

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