Tucson leaders seek to restrict ICE access to city property

The use of city-owned property as a staging, processing or debriefing area for future federal immigration enforcement could be prohibited under an ordinance Tucson's city council is exploring.

The council voted unanimously Wednesday to give City Manager Tim Thomure and City Attorney Roi Lusk 30 days to return with an ordinance that would restrict federal immigration agencies for enforcement action on city-owned or city-controlled property without permission from the city.

The proposed ordinance, council member Lane Santa Cruz requested, also would establish "consistent city-wide protocols governing requests by federal immigration enforcement agencies for access to city property or resources." It includes procedures for city employees and training for relevant departments.

The proposed ordinance is in response to federal immigration enforcement relying on local government property as staging areas in cities across the country, Santa Cruz and Mayor Regina Romero said in a memo.

"These activities have a chilling effect on residents’ willingness to access City services, report crimes, visit City facilities and parks, and participate fully in civic life," the memo reads. "While immigration enforcement is a federal responsibility, municipalities retain authority over how City property, facilities, and staff resources are used. "

Romero, ahead of Wednesday's vote, said Tucson's residents and its immigrant community "deserve certainty that our city-owned properties and resources will be used" to deliver quality of life services, not a place where they "can be confronted or attacked or harassed" by federal agents.

"We're going through a very dark time in our country ... our current administration is creating fear and chaos and intimidation, especially to immigrant communities throughout the country," Romero said. "It's important to make sure that we take a stand, that we are clear about what we can do in terms of providing that safety and quality of life, and assurances and certainty that our resources will not be used to create fear and attack our immigrant community in our city."

Santa Cruz noted that in Minneapolis, city staff were giving residents directions to design a sign for private property owners who wanted to "lawfully restrict ICE activity" on their non-public areas. She asked if the city could undertake a similar endeavor.

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Councilwoman Nikki Lee said the list of things in the city's control, when it comes to actions by federal agencies, "is much smaller than I'd like it to be at this moment in time, so I think it's essential that we do have the ability to influence."

Lee mentioned protocols developed by Pima County Attorney Laura Conover that are being put in place for county employees, and that she would like to see if pieces of those protocols could be implemented for city employees. In February last year, Conover outlined in a memo what county employees should do prior to letting federal agents proceed with enforcement activities on county property, such as asking for a copy of the warrant and obtaining the agent's credentials.  

Councilman Paul Cunningham said the idea behind any public safety agency should be to make people feel safe, but that's not what he hears as a response to ICE actions.

"When I hear any part of ICE doing an operation in Tucson, I actually feel less safe. They are not helping, and that's our problem," he said. "They are not actually doing anything that makes people feel good ...  it's important for us to send a message, and let them know (that) not only are we taking remedial action because our people don't feel safe with them running around like a bunch of gestapo goons in our community, it just doesn't work.

"I don't know what the intent is, but the perception is bad, and if it was so good then you wouldn't have what's going on in Minneapolis, you wouldn't have protests every single time they try to do an operation, they're not doing whatever they're supposed to be doing right," he said.

Councilman Kevin Dahl said ICE operations over several months across the country is "fascism in America."

"Our founding fathers did not envision the president having his own palace troops, to be deployed wherever he wants: Greenland, Venezuela, Minneapolis, Portland, hopefully not Tucson," Dahl said. "This has to be stopped ... We don't feel safe. ICE does not make anybody in America feel safer."