PHOENIX — Judicial Watch is suing Gov. Katie Hobbs, accusing her of ordering state police and National Guard to not cooperate with federal immigration authorities — which she adamantly denies.
The conservative national organization, known for filing public records lawsuits, contends that statements the Democratic governor made shortly after Republican President Donald Trump was elected in 2024 are tantamount to declaring she won’t use state resources to enforce his order for mass deportations.
The lawsuit says that runs afoul of a state law barring public officials from restricting enforcement of federal immigration laws.
“Gov. Hobbs’ apparent refusal to allow state resources to support lawful immigration operations undermines the rule of law and places law enforcement and other innocent lives at risk,†Tom Fitton, president of Judicial Watch, wrote in a related news release.
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The lawsuit, however, includes no actual evidence that Hobbs issued any such order.
Instead, Judicial Watch is relying on a statement the governor made to ABC News about a week after the 2024 election. He is telling Maricopa County Superior Court Judge Frank Moskowitz that he should order Hobbs to produce any and all documents about her “official non-participation†in deportation activities.
That interview took place at the border, where Hobbs had gone to publicize her own deployment of National Guard soldiers to help Customs and Border Protection. She said sending Guard troops to help the Border Patrol is what she would do that is “most helpful in securing our border.â€
In an interview at the border, Gov. Katie Hobbs said sending Guard troops to help the Border Patrol is what she would do that is “most helpful in securing our border.â€
“What I will unequivocally say is that as governor I will not tolerate efforts that are part of misguided policies that harm our communities, that threaten our communities, that terrorize our communities,†Hobbs said. “And Arizona will not take part in those.â€
The governor also predicted at the time the pledges of mass deportation would lead to “people hiding in fear,†similar to what happened when the Republican-controlled Arizona Legislature adopted SB 1070 in 2010, which would have required police to ask people they stop about their immigration status if that provision hadn’t been voided by the U.S. Supreme Court.
“It harmed communities, it tore families apart,†Hobbs said of SB 1070. “That’s not going to happen on my watch.†That provision of the law was overturned by the U.S. Supreme Court.
She made similar comments days earlier at a press conference in Phoenix, saying she will “stand up against actions that hurt our communities.†But she dodged a question at that time of whether she would use her powers to prevent the wholesale deporting of people who entered the country illegally.
All that, Judicial Watch said in its news release about the lawsuit, is sufficient to question whether she ordered state police — the Department of Public Safety — and the National Guard to withhold cooperation from federal immigration authorities.
‘Shameless, politically motivated lawsuit’
Gubernatorial press aide Christian Slater called the court filing “a shameless, politically motivated lawsuit by a far-right activist group.â€
“The governor believes law enforcement should follow all applicable state laws around coordination†with federal agencies such as Immigration and Customs Enforcement, he said. “But state law enforcement will not participate in activities that harm our communities, such as ICE going into churches, schools, hospitals, or going after people who have been here for decades, who follow the law, who otherwise follow the rules.â€
Slater also said the Governor’s Office is unaware of any request to Arizona from federal officials to coordinate with their deportation efforts, which he said means there has never been an order from Hobbs to agencies telling them not to cooperate in those activities. The only direction Hobbs has given state agencies, he said, is to follow state laws.
Judicial Watch’s records request, sent Dec. 17, 2024, demands Hobbs produce any documents about orders, directives or even suggestions to DPS that reflect “your official non-participation position†as reported.
It also seeks documents reflecting any policies in violation of a state law that says that no official or agency of the state or local government “may limit or restrict the enforcement of federal immigration laws to less than the full extent permitted by federal law.â€
That statute was part of SB 1070. While much of that law was voided by the Supreme Court, that section was never challenged and remains on the books.
Michael Bekesha, a senior attorney for Judicial Watch, told Capitol Media Services that he finally got a response of sorts from the Governor’s Office within hours of the lawsuit being filed last week.
“They sent us a letter that said, ‘We did a search, we have no records that are responsive to your request, but here’s seven pages of records that you may find interesting but aren’t responsive,’ “ he said. That took nine months, Bekesha said.
‘We think it’s a fair question’
Asked what evidence he has that there are any records directing state agencies not to cooperate, he responded, “She told the media they were going to not help with the federal government’s enforcement of immigration laws. How can the governor say they won’t do something without ordering her people not to do it?â€
He conceded, though it “is possible†Hobbs never received a request from the federal government to have DPS and National Guard enforce immigration laws. And that would mean there would be no directive to either agency to refuse — and no documents to produce.
“All we’re wondering is if she’s taken any proactive steps,†Bekesha said. “We think it’s a fair question.â€
He criticized the nine-month delay in a response to the public records request.
“The burden is on the Governor’s Office to prove that they conducted an adequate search and then let us know that,†Bekesha said. “If they want to provide us a declaration, something under oath that says, ‘This is the search we did, we have no records,’ then, yes, we’d be reasonable and the case would be over.â€
That is the case, Slater said.
“There are no responsive records because the Governor’s Office has directed DPS to follow the law,†he said, repeating that Hobbs never issued any order to refuse to work with ICE on deportations.
There is a policy of sorts, however. “Unless a state crime has been committed that falls under the jurisdiction of DPS, our personnel ... do not conduct direct immigration enforcement,†Jeffrey Glover, director of the Department of Public Safety, said in June. He said if a state crime is committed and someone’s immigration status “becomes relevant,†officers may notify federal agencies “in accordance with existing laws and protocols.â€
What is Judicial Watch?
Judicial Watch bills itself as a “conservative, non-partisan educational foundation†that uses public records requests to investigate claims of misconduct by government officials and files lawsuits “to hold to account politicians and public officials.â€
Its recent lawsuits include one seeking records from the U.S. Department of Justice about decisions under the Biden administration to charge more people in connection with the Jan. 6, 2021 riot at the U.S. Capitol, another seeking records from federal agencies it accuses of spying on a Trump adviser, and documents related to an FBI investigation of Trump when he was a presidential candidate.
It also has sued the CIA for records on what if any role convicted sex offender Jeffrey Epstein played with that agency.
No date has been set for a court hearing on the Arizona lawsuit.
Howard Fischer is a veteran journalist who has been reporting since 1970 and covering state politics and the Legislature since 1982. Follow him on X, and Threads at @azcapmedia or email azcapmedia@gmail.com.
