Hobbs to 'review' alleged ruse ICE agents used in Tucson incident

PHOENIX — The activities of federal immigration officials who reportedly impersonated utility workers in their search of a Tucson neighborhood for people not here legally is being reviewed by Gov. Katie Hobbs.

“I think that’s very concerning,’’ Hobbs said Wednesday.

But Hobbs said she has no immediate answers into whether existing Arizona laws that make impersonation a crime actually apply — and whether, even if they do, the state can do anything about the activities of federal law enforcement officers.

“We’re looking into that,’’ she said.

Richie Taylor, press aide to Attorney General Kris Mayes, gave a similar response.

“Obviously, it raises questions,’’ he said of the activities of agents from Immigration and Customs Enforcement.

All that follows reports that ICE agents, claiming to be from Tucson Electric Power, approached a woman on Tucson’s south side saying they were looking for her neighbor. Christine Cariño, said the men told here were “trying to find somebody that wanted a free estimate.’’

Only after Cariño saw a badge under the shirt of one of them men did she realize they were not who they said they were and went to warn her neighbor.

All that still leaves the question of what, if anything, state officials can do about it.

There are several state laws dealing with “impersonation.’’ However, it is unclear whether they apply.

One, for example, makes it a felony to assume a false identity with intent to defraud.

It also makes it illegal to assume a false identity of a representative of some person or organization “with the intent to induce another person to provide or allow access to property.’’ But there is an exception for “peace offices in the performance of their duties.’’

There was no immediate response from ICE.

Looking at the legality of impersonating utility workers appears to be far more than the governor believes she can do about separate incidents in Arizona and elsewhere where ICE agents have been showing up in federal court to arrest those who show up for their immigration hearings.

“What we know is they’re acting in accordance with direction from higher ups in their agency,’’ Hobbs said. And that, she said, leaves her with few legal options — other than to object.

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“We’re making it clear (this is) the kind of activity that we are not OK with,’’ the governor said.

“Obviously, they can continue activity they’re doing,’’ she continued. “But I think it’s really harmful.’’

What it also is, said Hobbs, is wasteful.

“I want ICE to go after the criminals,’’ she said.

“I want them to focus on those deportations,’’ the governor said. “That’s what President Trump ran on. And now they’re targeting people who are just trying to comply with the law.’’

All that comes after the Department of Homeland Security rescinded prior guidance which limited ICE activity at certain locations, including courthouses.

“The ability of law enforcement to make arrests of criminal illegal aliens in courthouses is common sense,’’’ said Tricia McLaughlin, an assistant secretary of Homeland Security in a recent news release. “It conserves valuable law enforcement resources because they already know where a target will be,’’ she said. And she said it is “safer for our officers and the community,’’ given that people who are in courthouses have gone through security and have no weapons.

Posing as utility workers, however, appears to be a new tactic.

As to its legality — at least under federal law — the ACLU of California, using the Freedom of Information Act, obtained ICE memos that date back to 2005 and 2006 that appear to justify all that.

“Ruses are used by virtually every law enforcement agency in the federal government, one of the memos says, saying one objective is the “prevent violators from fleeing.’’

It also says that ruses may involve impersonating employment with other federal, state or local entities — and with private entities.

But the memo also contains guidelines.

“It is still incumbent upon the arresting officer to provide prior notice to the affected entity,’’ it says. “This notice affords the affected entity the opportunity to raise concerns regarding the (effect) the rule may have on their security or public image.’’

A spokesman for Tucson Electric said Wednesday that, following media reports, the utility has contacted the Department of Homeland Security “to request that its agents not impersonate TEP workers.’’

“TEP does not know if that activity occurred but has made clear that it is unauthorized,’’ the company said. And it said there is a reason TEP objects.

“Any misrepresentation can create problems for TEP workers who do sometimes need access to private property to read meters, to locate and mark underground electrical facilities, to maintain or replace facilities, or for other reasons related to our service,” the company said. It also said it has advised customers “to look for the TEP logo on our employees’ clothing, safety equipment and vehicle.”