Community members barred from entering AZ Senate building as Republicans push ‘ICE at polls’ bill

Phoenix organizers and leaders are urging Arizona residents to continue showing up and exercising their constitutional right to participate in the legislative process after several community members were barred from entering the Senate building on Friday morning. 

Videos shared by legislator-turned-advocate Raquel Terán and Living United for Change (LUCHA), a Phoenix-based immigration and civil rights advocacy group, show law enforcement personnel and Joe Kubacki, the Senate sergeant at arms, hand-delivering trespassing notices to certain individuals at the Arizona State Capitol.

Community organizers and constituents showed up on Friday responding to a call to "pack the room" and prevent Senate Bill 1570 from moving through the Legislature.

The bill, introduced by Sen. Wendy Rogers (R-Flagstaff), would require the state's county recorders and boards of supervisors to enter into a written agreement with ICE "to provide for the presence of such law enforcement personnel at all locations in Arizona in which voting is conducted or ballots are deposited," the bill’s fact sheet reads.

As constituents attempted to enter the building for the 8 a.m. session, Kubacki began turning people away, hand-delivering a blank envelope with a trespass notice inside.

In a statement, Alejandra Gomez, executive director with LUCHA, described the actions as "blatant discrimination and racial profiling," saying that White people were freely allowed in "while Brown community members are singled out and removed."

The document that Terán displayed in the video notifies of a formal trespass for the duration of the legislative session due to “disorderly behavior in the Senate building” and “violation of ARS 41-1221(B).” The document also notifies of possible arrest if the trespass is violated.

ARS 41-1221(B), which governs activity inside legislative buildings, states that “a person who knowingly disturbs the legislature, or either house of the legislature, while in session, or who commits any disorderly conduct” is guilty of a Class 2 misdemeanor.

The trespass notice, shown in LUCHA’s video, is printed on a blank piece of paper and is directed at no one in particular. When Terán and others asked why they were not allowed access or how they were being identified, Kubacki refused to answer, the video shows.

“These (trespassing notices) don’t even have names and are being randomly given to the (community) members just because, what? They’re wearing a LUCHA shirt or because they look Brown? That’s what I’m thinking, that’s the issue here,” Terán said, before urging community members to continue showing up.

In a statement emailed to CALÓ News, Arizona Senate Republican Caucus spokesperson Kim Quintero said that Senate staff "positively identified" community members in violation of the ARS statute after reviewing video from previous committee hearings.

"These actions were not directed at any organization or viewpoint. They were based solely on documented conduct that violated established law and rules that apply equally to everyone in the Capitol," Quintero said, adding that the Senate was committed to protecting public access to the legislative process while ensuring the rule of law.

While Quintero did not specify which committee hearings were reviewed, the notices come after protesters were removed from a committee session on Wednesday as testimony for SB 1635 — which would criminalize sharing information about ICE activity — was underway. The bill was moved along with a 4-3 vote soon after.

"Community members have every constitutional right to be present, to petition their government, and to peacefully protest legislation that directly impacts their families," Gomez said in a statement. "Instead, they are being silenced. Instead, they are being intimidated. Instead, they are being selectively targeted in a building that belongs to them.

"SB 1570 is a direct attack on our communities. Now the very people most impacted by this bill are being denied the ability to speak directly to its sponsors and backers. That is the weaponization of state power to suppress dissent."

Dozens of community members were still granted access to the building on Friday morning, showing up to speak out against SB 1570. As of 1 p.m., the bill had yet to be reviewed by the committee.

To track and monitor bills yourself, visit https://apps.azleg.gov/BillStatus/BillOverview. The site provides updates on votes, fact sheets and original and amended bill texts.