This photo taken Oct. 14, 2019, shows City of Tucson Mayor Jonathan Rothschild, center, listening to the new Tucson Fire Chief, Charles W. Ryan, III, give remarks during a badge pinning ceremony in Tucson, Ariz. Voters in Tucson will decide Tuesday, Nov. 5, whether to make the liberal enclave Arizona's only sanctuary city in an effort to confront President Donald Trump's immigration policies and the state's tough laws cracking down on people in the country illegally. (Mamta Popat/Arizona Daily Star via AP)

Tucson voters on course to reject sanctuary city measure

November 05, 2019 - 10:36 pm
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TUCSON, Ariz. (AP) — Voters in one of Arizona's most liberal cities appeared Tuesday to be overwhelmingly rejecting an initiative that would make Tucson the state's only sanctuary city.

The measure was opposed by the city's Democratic elected officials, who said it went too far in restricting police officers, endangering public safety and the city's budget.

Proponents said the measure would have sent the message that immigrants are safe and protected in Tucson at a time when many are fearful of President Donald Trump's immigration policies. The initiative, known as Proposition 205, would put new restrictions on when police can inquire about immigration status or cooperate with federal law enforcement.

It explicitly aims to neuter a 2010 Arizona immigration law known as SB1070, which drew mass protests and a boycott of the state. It prohibits sanctuary cities in Arizona and requires police, when enforcing other laws, to verify the immigration status of anyone suspected of being in the country illegally. Courts threw out much of the law but upheld the requirement for officers to check immigration papers.

"It will put into law that we will not, as we move forward, collaborate in the federal effort to terrorize, detain, separate and deport our community members," said Zaira Livier, executive director of the People's Defense Initiative, which organized the effort that became Proposition 205.

Tucson's mayor and city council members, all of them Democrats, were opposed because they worried about unintended consequences and the potential for losing millions of dollars in state and federal funding. They say Tucson police have already adopted rules that go as far as legally possible to restrict officers from enforcing federal immigration laws.

They say trying to enact tougher limits would run afoul of SB1070 and other state laws, endangering the state funds that make up a massive chunk of Tucson's city budget.

"The city of Tucson, in all respects except being labeled as such, operates as a sanctuary city," Mayor Jonathan Rothschild said.

The Trump administration has fought sanctuary cities and tried to restrict their access to federal grants. The 9th U.S. Circuit Court of Appeals ruled in June that the Trump administration could consider cities' willingness to cooperate in immigration enforcement when doling out law enforcement money.

Both sides said the measure was likely to end up in court if it's approved.

To supporters, that's a chance to secure court rulings validating an extremely narrow interpretation of state laws requiring police to cooperate with federal immigration enforcement.

Opponents see it as an expensive and likely fruitless endeavor.

The City Council in 2012 designated Tucson an "immigrant welcoming city," expressing support but stopping short of calling it a sanctuary city.

A handful of Republican state lawmakers have said they will pursue legislation to punish Tucson. Prior legislation approved by the GOP Legislature to tie the hands of liberal cities, including Tucson, allows the state to cut off funding for cities that pass laws conflicting with Arizona laws.

Meanwhile, Tucson voters also were on course to elect their first Latina mayor. Regina Romero would be the first woman to lead Arizona's second largest city after Phoenix, with a population of about 546,000 people.

Tucson's last Hispanic mayor was Estevan Ochoa, who was elected in 1875 — nearly four decades before Arizona became a state and just 21 years after the United States bought Southern Arizona, including Tucson, from Mexico in the Gadsden Purchase.

Romero, who is on the city council, opposed the sanctuary city initiative, saying it's unnecessary given Tucson's welcoming attitude and policies toward immigrants.

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