The following column is the opinion and analysis of the writer.
Like death and taxes, the laws of physics are immutable. Newtonβs third law of motion states that βfor every action there is an equal and opposite reaction.β Proposition 205 is proof of that.
There also exists the βlaw of unintended consequences.β Policies drafted to create beneficial social change can also trigger unanticipated and catastrophic outcomes. Proposition 205 is proof of that.
Consider the unintended consequences of Shakespeare fanatic Eugene Schieffelin, who released 100 starlings in Central Park wanting to bring to America the birds mentioned in the Bardβs plays. What appeared to be a perfectly harmless idea resulted in disastrous consequences. These birds, not part of our native ecosystem, have multiplied exponentially and have wreaked havoc across the nation.
They fly in enormous flocks, causing a billion dollars in damage annually to farmersβ crops. They threaten the habitats of native birds. They spread disease. They get sucked into airplane engines, causing fatal crashes.
If Proposition 205 is approved, we will witness another good idea go horribly wrong.
This initiative creates a βsanctuary city.β It has the far-reaching consequence of eliminating local police cooperation with all federal authorities, not just federal immigration authorities. Proposition 205 adversely impacts public safety and unequivocally impacts the ability of the Pima County Attorneyβs Office to prosecute police cases.
Proposition 205 prohibits police from collaborating with any federal law enforcement agency without a written agreement in which the federal agency must agree to give up some of its arrest authority. Hah! This simply will not happen. The Feds arenβt about to relinquish any arrest authority which they are entitled to by federal and state law.
TPD is involved in countless joint task forces and other collaborations with federal agencies which do not include immigration enforcement. Without an agreement, these law enforcement endeavors will be prohibited.
TPD participates in the Bureau of Alcohol, Tobacco and Firearmβs National Integrated Ballistics Network that links guns and bullet casings used in crimes with other ballistic evidence. This important tool has repeatedly helped solve local murders, drive-by shootings, armed robberies and other gun crimes. It provides highly critical evidence for prosecution.
TPD works with the FBI to solve internet crimes against children, identify and arrest child pornographers, and find missing or murdered children.
Working hand in hand with the FBI, Tucson police detectives solved the Isabel Celis and Maribel Gonzalez murders, a pending prosecution. TPD partners with the U.S. Marshals Service to locate dangerous fugitives like Blane and Susan Barksdale, who we are prosecuting for murder and arson.
TPD participates in the FBIβs Joint Terrorism Task Force gathering evidence, collecting and sharing intelligence and responding to local terrorist threats. TPD also partners with federal agencies to address human trafficking, including child sex rings and forced sex trafficking. All of TPDβs federal collaborations provide prosecutors with much-needed evidence.
The 9th Circuit Court of Appeals held that federal grant funding can lawfully be based on the immigration policies of the city applying for the grant. If Tucson approves a βsanctuary cityβ measure, TPD stands to lose more than $12 million in federal funding, jeopardizing all grant-funded personnel, among them crime lab positions absolutely vital to prosecution. It also puts at risk a $2 million federal grant which provides for DNA testing of sex assault kits and two detective positions to investigate sexual assault cold cases.
Although I cannot vote in the city election, I work to protect the public safety of all the people of Pima County. If passed, Proposition 205 will result in a host of unexpected, disastrous and potentially nefarious consequences for law enforcement and prosecution. It is a perfect example of how the best laid plans can go awry.
