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NEWS & ANALYSIS

Phoenix Proposition 405 Aims to ‘Protect Our City’

Aug. 17, 2006


PHOENIX -- The “Protect Our City” proposition has qualified for the November voter ballot in Phoenix, aiming to abolish the city’s highly controversial “sanctuary order” protecting illegal aliens.

Protect Our City is an amendment to the Phoenix City Charter, similar in permanence to an amendment to the state or federal constitutions. Amendments to the city charter can't be passed or changed by the City Council; it requires voter approval.

The City of Phoenix refuses to regard illegal presence in the U.S. as a serious crime and is known as one of the nation’s "sanctuary cities.” The city’s Operations Order 1.4, supported by Mayor Phil Gordon and the city council, literally ties the hands of patrol officers from detaining and transferring illegal aliens to federal immigration officers. Prop 405 is a citizen’s initiative intending to restore the rule of law ignored by Governor Janet Napolitano, Mayor Gordon and the city council.

Protect Our City is a citizens' initiative that will amend the Phoenix city charter to require all officials, agencies and personnel of the City of Phoenix, including the Phoenix Police Department, to cooperate with and assist federal immigration authorities in enforcing immigration laws within the boundaries of the city. In addition, no official, personnel or agent of the City of Phoenix will be prohibited or in any way restricted from sending, receiving or maintaining, information regarding the immigration status, lawful or unlawful, of any individual, or exchanging such information with any other federal, state or local government entity.

Specifically, Prop 405 aims to:

  • Abolish Phoenix PD's current "sanctuary order" Operations Order 1.4.3.
  • Enable City of Phoenix employees to obtain and share legal or illegal immigration status with federal, state or other local agencies in benefit eligibility and identity or residence verification.
  • Begin a partnership between Phoenix PD and federal Department of Homeland Security, training Phoenix PD officers in immigration enforcement procedures.
    End the "free pass" currently given illegal aliens by the Phoenix PD.
  • Take into police custody for transfer to federal immigration officers any illegal alien encountered by Phoenix police in the normal course of law enforcement duties.
  • Hold illegal aliens accountable for ALL their past offenses, just as is done with citizens and legal residents. Current Phoenix city policy shields illegal aliens.
  • End assistance from the City of Phoenix to illegal aliens evading immigration laws. Illegal presence in the U.S. is a violation of U.S. laws, whether by illegal entry or visa overstay. Illegal aliens will no longer be "aided and abetted" by the City of Phoenix.
  • Prevent Phoenix from becoming a criminal war zone like other "sanctuary cities."
  • End the policy of the City of Phoenix and Phoenix PD that "we don't enforce immigration laws."

Backers of Prop 405 say the initiative will not require:

  • Phoenix police to conduct immigration raids.
  • Hospital staff to notify federal immigration officials. Protect Our City affects only city employees. Hospitals are privately-owned and its personnel are not city employees.
  • School personnel to notify federal immigration officials. School districts are totally separate from the City; teachers and school district staff are not city employees.
  • Allow illegal aliens to establish Phoenix as a criminal center immune from law enforcement.

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