Arizona chamber against bill that imposes financial liability for 'sanctuary cities'

PHOENIX — The head of a major business organization wants state lawmakers and Gov. Doug Ducey to quash a proposal to allow individuals to sue cities that refuse to cooperate with federal immigration officials.

“We don’t need it,” Glenn Hamer, president and CEO of the Arizona Chamber of Commerce and Industry told Capitol Media Services on Tuesday. He said it has the potential of creating needless controversy and ill will.

“This is an area where there needs to be great sensitivity,” he said. Hamer said that with strong laws against “sanctuary cities” on the books “we believe that attention would be better focused elsewhere.”

Hamer said he was sharing his views with lawmakers who will decide the future of the measure — and with Ducey who will have to make the final decision whether to sign it if it clears the House and Senate.

That pressure could be the death knell for HB 2598.

It was opposition from the business community, including the state chamber, that forced the governor to pull the plug last month on his plan to ask voters to enshrine into the Arizona Constitution provisions of the 2010 law that outlaws sanctuary cities. That move came despite the fact that Ducey’s proposal was a keynote of his State of the State speech.

“The business community had concerns,” Ducey chief of staff Daniel Scarpinato conceded when explaining why his boss decided not to pursue that plan.

Strictly speaking, HB 2598, unlike the ballot proposal, is not part of the governor’s agenda. Instead, the measure crafted by Rep. Bret Roberts, R-Maricopa, seeks to impose new financial liability on any community whose policies keep law enforcement from cooperating with Immigration and Customs Enforcement.

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In essence, the legislation says crime victims can sue cities and counties if the person who committed the offense had been released from custody without local officials contacting federal agencies to inquire whether the person was here legally. Lawsuits also would be allowed if local jurisdictions ignored a request by ICE to be notified about someone’s pending release.

In pushing the measure, Roberts said there was a fear that some communities might adopt sanctuary-type policies. He said HB 2598 would provide a financial disincentive.

Roberts told Capitol Media Services he is undeterred — and a bit confused — by business opposition. He said all it does is provide civil restitution to any future victims who are injured due to sanctuary policies.

“Why would a business not want to protect victims?” he asked. “If any one of these business owners were to become a victim, this bill would protect them as well.”

And Roberts suggested the opposition may be ill considered.

“There used to be a day where cities competed to be the safest in America,” he said. “Unfortunately today it’s more about political correctness and identity politics.”

Ducey had no comment.