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Sierra Vista does not enforce immigration law now, but may if law passes

By Gentry Braswell

Herald/Review

SIERRA VISTA — Two city officials say they would certainly, if perhaps begrudgingly, abide by any proposed state legislation that would deny Arizona’s state-shared revenue to municipalities with a “sanctuary policy” toward illegal immigration.

The state Senate on Tuesday gave preliminary approval to such legislation, primarily defining “sanctuary policy” as any restricted enforcement of federal laws or any programs that give aid to illegal immigrants.

Whether it is even legal for city cops to enforce such immigration laws remains disputed and unclear, said Maj. Ken Kimmel of the Sierra Vista Police Department.

A “call priority,” which prioritizes the level of a call’s importance, exists now and would exist if that bill became a law, Kimmel said.

For example, call priority defines 9-1-1 calls as more important than a situation that is less of an immediate public threat, such as loud noise calls, or such as requests to detain and transport lost illegal aliens to the nearest U.S. Border Patrol official.

“If we as a local police department actually received some type of official notification from the state attorney general to enforce immigration laws, then we would probably comply,” Kimmel said. “I just don’t know that the authority is clear.”

With Sierra Vista’s budget in mind, Sierra Vista City Manager Chuck Potucek said the city would prefer that the Border Patrol enforce the immigration laws.

But, he added, “We don’t want to do anything that’s not in compliance with the law.”

REPORTER Gentry Braswell can be reached at 515-4680.