Judge blocks Pinal County attorney’s cooperation deal with ICE

PHOENIX (AZFamily) — A Valley judge ruled Friday morning against Pinal County Attorney Brad Miller’s immigration enforcement agreement with the Department of Homeland Security and Immigration and Customs Enforcement.

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Maricopa County Superior Court Judge Michael Gordon ruled that Miller did not have the power to unilaterally enter into the federal 287(g) program, which allows certain local law enforcement officers to perform some immigration enforcement duties under federal supervision.

“I find that there is no authority that allows the Pinal County attorney to enter into the contract,” Gordon said. “I find that the (agreement) must be authorized by state law.”

The ruling was somewhat of a surprise, since county officials said Gordon would deliver his opinion by the end of the month.

The move also permanently blocks the deal between Miller’s office and DHS and ICE.

Miller disagreed with the decision in a statement after the hearing, saying it would lead to more criminals on the streets.

The Pinal County Board of Supervisors also reacted to the judge’s ruling Friday afternoon, saying the lawsuit was about protecting county residents.

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“This Board has supported federal authorities and immigration enforcement for years,” Board of Supervisors Chairman Jeffrey McClure said. “This lawsuit is about whether elected officials must follow Arizona law, respect the limits of their office and properly safeguard taxpayer dollars. We are grateful that the Judge agreed and put a stop to Mr. Miller’s waste and abuse.”

The board of supervisors sued Miller in February after members voted to void Miller’s 287(g) agreement on Jan. 30. Board members argued that he entered into the agreement without their approval, and only the county sheriff is authorized to approve such deals.

Despite the vote, Miller said he was refusing to end his 287(g) partnership with ICE, saying the deal targets criminal offenders.

Miller announced the deal in December.

Miller has been very vocal about his anti-illegal immigration stance. Earlier this year, he held a news conference with other Republican politicians where he praised ICE agents and called them heroes.

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