Pinal County Attorney Brad Miller recently entered into a 287(g) agreement with Immigration and Customs Enforcement (ICE) to allow his officers to conduct Task Force operations — roving patrols — with ICE, the only agreement of its kind in Arizona. The agreement is for intelligence sharing; the Pinal County Attorney’s Office (PCAO) only partners with ICE when Miller’s office has an actual warrant. However, the Pinal County Supervisors (PCBOS) said the agreement was “void” and “unauthorized by law,” sparking a strong response back from Miller.
Miller responded, “The Board of Supervisors says our 287(g) agreement is ‘void.’ Prove it. Since December, we have repeatedly asked the Board for the legal authority supporting that claim, and they have provided none to our office. A claim without communication does not justify pulling our ICE partners off the street and weakening public safety.” Miller believes he has the right under the Arizona Constitution to enter into the agreement.
He issued a statement backing up his assertion. “The County Attorney’s Office rejects that conclusion and maintains a press statement does not terminate a federal agreement,” Miller said. He cited communication from ICE confirming that the agreement was still in place until terminated by his office or ICE.
Brett Johnson, outside legal counsel for the PCBOS, said during a board meeting, “The bottom line is … any 287(g) agreement is void, unauthorized by law, because it was not approved by this board.”
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