City vs. state divide: How far does police jurisdiction go when it comes to immigration?

Jean-Jacques Cabou

By Howard Fischer | Capitol Media Services via Arizona Daily Sun

Attorney General Mark Brnovich has no legal right to look into the policies of Phoenix police in dealing with people suspected of being in this country illegally, a lawyer for the city is charging.

In a letter to Brnovich, Jean-Jacques Cabou said a 2016 law requires him to investigate when a legislator asks whether any ordinance, regulation, order or other official action taken by a city council runs afoul of state law.

But he said the complaint by Sen. John Kavanagh, R-Fountain Hills, concerns a police department “operations order.”

“The order is not an ordinance or regulation, nor was it an action adopted or taken by the governing board of a city,” Cabou told Brnovich.”Therefore your office lacks jurisdiction to investigate or report.”

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