Arizona attorney general: Phoenix police rule does not violate SB 1070
Oct 16, 2017, 2:26 PM | Updated: 2:27 pm
(AP Photo)
PHOENIX — A recent Phoenix police policy change does not violate a controversial state immigration law, the Arizona Attorney General’s Office said Monday.
In its finding, the office said the department’s policy limiting when officers can ask someone about their immigration status did not violate SB 1070 because it included a partnership with federal immigration officials and made clear Phoenix is not a sanctuary city.
Republican state Sen. John Kavanagh (R-Fountain Hills) complained in September about the new policy.
“Whatever gloss has been placed on it by local elected officials, the operations order by its terms does not conflict with state law or appear to put the city in conflict with the federal government,” the decision from Arizona Attorney General Mark Brnovich’s office read.
Brnovich had until Monday to make his decision about the complaint.
Capitol Media Services reported that lawyer Jean-Jacques Cabou wrote Brnovich the state office had no jurisdiction in the matter.
“The complaint is an unfounded attempt by a legislator from Fountain Hills to micromanage the police of a city he neither lives in nor represents. Neither Arizona law nor common sense allows him to do so,” Cabou’s letter said.
The city attorney wanted the complaint dismissed.
If Brnovich had decided the policy was incompatible with state law, Phoenix would have had about a month to eliminate it or face loss of state tax revenues.
The Associated Press contributed to this report.