Published: 04.24.2008

Senate passes bill to deputize Border Patrol
Sheriffs can tap agents to work with deputies
By Howard Fischer
CAPITOL MEDIA SERVICES
PHOENIX — Pima County Sheriff Clarence Dupnik will enlist Border Patrol agents to perform dual duty as deputies if Gov. Janet Napolitano gives the go-ahead.
The state Senate on Wednesday voted 18-10 to expand the power of county sheriffs to let them enter into agreements with Customs and Border Protection as long as the primary purpose is "facilitating inter-agency communication."
The only restriction is the pact have "no financial impact to the county."
HB 2359 applies to all 15 counties. But it was written specifically to help Dupnik, who was unable to get the blessing of Pima County supervisors for his program.
If it is signed by the governor — the bill already has cleared the House — Dupnik would no longer need their permission.
Deputy Dawn Hanke, a Sheriff's Department spokeswoman, said Wednesday that Dupnik will proceed with his plan if Napolitano, a Democrat like the sheriff, signs the bill.
Dupnik said the need stems from incidents in which his own border-crimes unit has been patrolling the desert, often at night, and run into Border Patrol officers. He said having Border Patrol officers working with his unit and communicating with the federal agency will prevent problems.
Pima County Supervisor Richard Elias said Wednesday night he intends to ask Napolitano to veto the bill.
"It is an issue of local control," he said. "It's also an issue of overkill."
He said Dupnik, like all county sheriffs, has the power to deputize anyone he wants.
But Rep. Jonathan Paton, R-Tucson, who sponsored the legislation on Dupnik's behalf, said that's only half the story.
Paton said the Border Patrol wanted a specific intergovernmental agreement with Pima County before allowing its officers to be deputized, and that requires board approval.
Elias said the board has never rejected Dupnik's request to sign that pact. In fact, he said, the item was on the board's agenda until the sheriff asked for it to be removed.
But Paton pointed out that Dupnik withdrew the request only after it became clear "he wasn't going to get the votes."
That led to the legislation, said Paton.
Paton said opposition to the measure has come from the Border Action Network and other immigrant-rights groups who have "conspiracy theories" that having deputized Border Patrol agents is part of a plan to have the Sheriff's Department start looking for illegal immigrants.
That's why the bill specifically requires that the primary purpose of any agreement be to facilitate communication, though the language of the bill does not limit the role of Border Patrol officers solely to radio links between the agencies.
And Dupnik has said he is not interested in enforcing federal immigration law or broadening the mission of either agency, but instead is concerned only about officer safety.
The senators whose districts include part of Pima County split on the issue.
Democrat Marsha Arzberger of Willcox and Republican Tim Bee of Tucson voted for the bill.
Jorge Garcia, Paula Aboud and Victor Soltero, all Tucson Democrats, were opposed. Dem-ocrat Charlene Pesquiera was absent on Wednesday.
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http://www.azstarnet.com/sn/printDS/235816