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Judge Temporarily Blocks Pinal County Attorney’s ICE Agreement

Pinal County’s Controversial Immigration Agreement Faces Legal Challenge

In a surprising turn of events, a temporary restraining order now halts a contentious immigration enforcement agreement in Pinal County. This decision, handed down by Superior Court Judge Joseph Georgini, has sparked debate over the legality and authority behind the deal.

Last year, the Pinal County Attorney’s Office signed onto a 287(g) agreement with Immigration and Customs Enforcement (ICE), a move that allowed the office to assist in federal immigration enforcement. However, this type of agreement is typically established between the U.S. Department of Homeland Security and local sheriffs, and Pinal County’s Sheriff’s Office already holds such an agreement with ICE.

The controversy erupted when the Pinal County Board of Supervisors discovered the agreement, which they had not approved. Declaring it “unlawful,” the board insists that only they have the jurisdiction to authorize such agreements. Further complicating matters, County Attorney Brad Miller has resisted the board’s order to terminate the agreement, leading to a legal standoff.

The board ordered County Attorney Brad Miller to end the agreement with ICE, but Miller refused. This resulted in the board filing a lawsuit, claiming the agreement is void despite Miller’s insistence that it remains valid. The restraining order now temporarily halts the agreement as legal proceedings continue.

In the broader context of the criminal justice system, roles are clearly defined: law enforcement agencies handle arrests and investigations, while county attorneys determine which cases to prosecute. This delineation raises questions about the legality of the County Attorney’s Office acting as ICE agents.

Brad Miller’s office has yet to comment publicly on the situation. A court hearing is scheduled for February 26, where further arguments will be presented.