Rep. Quang Nguyen requested on Mar. 31 that the Arizona Attorney General review a new Phoenix city policy that blocks Immigration and Customs Enforcement (ICE) from accessing city property, arguing it violates state law.
Nguyen said the issue is important because it concerns how local policies interact with federal immigration enforcement and state statutes, potentially affecting how laws are applied in Arizona.
The Phoenix City Council adopted the policy as part of its Community Transparency Initiative, which Nguyen said was intended to address concerns from activists opposed to ICE operations. According to Nguyen, “Phoenix has no authority to put the enforcement of federal immigration law behind a political gatekeeper.” He added, “Arizona law is clear. Cities cannot adopt policies that limit or restrict immigration enforcement. This regulation does exactly that by putting the City Manager in control of whether federal officers can use public property for staging, coordination, or other operational needs.”
Nguyen also argued that the policy goes beyond passive non-cooperation by creating an approval system that could delay or block enforcement activity on city property. “Phoenix crossed the line,” Nguyen said. “This policy does not simply decline to help. It puts city government in the position of controlling whether federal immigration enforcement can use public property to carry out operations. That is a restriction on enforcement, and Arizona law forbids it.” He further stated that no city should be able to override state law or interfere with federal officers.
The regulation may also raise questions about federal preemption because local governments are not allowed to create obstacles for enforcing federal laws, according to Nguyen’s statement.
Nguyen has asked for a written report within 30 days under A.R.S § 41-194.01 and said if violations are found by the Attorney General, he expects the matter will go before the Arizona Supreme Court. A copy of his letter can be found here.
Carbone, a Republican who was elected in 2023 to represent Arizona’s 25th House District after Michelle Udall stepped down, currently serves as State Representative according to official records.
