10/16/2019

Email Message
Initiative Pet. 2018-1001-Families Free & Together

FROM: Mike Rankin

DATE: 2018-12-17
TO: bpeard@acluaz.org;
CC:
s
SUBJECT: RE: Families Free and Together City Initiative

Yeah, I think it is outside of the court's jurisdiction under ARS 22-402.

»> Billy Peard 12/17/2018 12:46 PM »>

Sounds good. Yes, I will be happy to talk more after the holidays.

Agreed. The private cause of action hi city court does not appear to have too much precedent from what I can find

Original Message
From: Mike Rankin
Sent: Monday, December 17, 2018 12:36 PM
To: Billy Peard
Subject: Re: Families Free and Together City Initiative

Hi Billy,
That's a pretty good summary. I would add a #5, creating a private civil cause of action in City Court.

I'm not likely to have time to dig into the language of the petition until after the holidays. Happy to talk with you then.

»> Billy Peard 12/16/2018 6:15 PM »>

Mike,
I understand that your office may be in the process of reviewing and preparing a legal assessment of the recently-filed "Families Free and
I
Together" initiative, which, for lack of a more precise term, has been referred to by many as a sanctuary city effort.

I was involved in drafting the language of the initiative itself and I would be happy to sit down and discuss some of the legal considerations
with you or the most appropriate staff attorney in your office.

In particular, I would imagine that a thorough legal analysis may include:

1 . Concerns surrounding conflict with the remaining provisions of SB 1070 (A.R.S. 1 1-105 1)
2. Concerns surrounding conflict with federal law, in particular 8 U.S.C. 1373 !

3. Concerns surrounding the Edward Byme/JAG federal grant scheme and recent efforts by the Trump Administration to pull such funding
from "sanctuary" cities
4. Concerns surrounding SB 1487, and avoiding the path traveled during the gun buy back episode

Best,
Billy
!
Billy Peard
Tucson Staff Attorney
American Civil Liberties Union of Arizona P.O. Box 17148, Phoenix, AZ 85011
520.256,5387 | bpeard@acluaz.org
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