Nogales council approves $462,000 Stone Garden subgrant after public debate over policing and trust

The Nogales City Council on March 5 approved an Arizona Department of Homeland Security subgrantee agreement for Operation Stone Garden that will reimburse the city for overtime and mileage costs, the agenda item described as $462,000 in reimbursement. The action followed a public comment period that featured advocates for and critics of renewing Stone Garden deployment.

The order on the council agenda (Order 2025Dash02Dash005) authorized a subgrantee agreement with the Arizona Department of Homeland Security for Operation Stone Garden “in the amount of 462,000 in reimbursement over time and mileage,” the agenda language said. The motion on the floor passed after council discussion; the official vote tally was not recorded on the public transcript.

During the call to the public, Nogales police officer Jose Pimienta said Stone Garden assignments come from Border Patrol but officers remain under the city chain of command. “When it comes to Stone Garden, the only thing that we get from Border Patrol is our assignments. We do not fall under their chain of command,” Pimienta said, and he asked the council to vote yes so officers would retain funding for vehicles and equipment. He told the council Stone Garden funds are “100% refundable to the city” and said the program “does not cost the city anything.”

Representatives of the Kino Border Initiative urged the council to reject renewal. Sister Tracy Horan, KBI, described concerns about the effect of local police participation in border-enforcement-related work on immigrant trust and on the city’s reputation as a place that educational groups visit. “We at KBI would ask the council, to say no to renew this contract,” Horan said, telling the council she worries some residents will avoid police out of fear.

Sister Eileen Mackenzie, also with Kino Border Initiative, told council members that Nogales residents’ fear about conflated immigration and local law enforcement is already deterring people from contacting police when they need help. “My big concern with Operation Stone Garden is that people are afraid now to call police officers because there's a blur in the authority,” she said.

Resident Jerry Smith spoke from a faith-based perspective and said preserving trust between residents — many of whom are Latino — and police should weigh heavily in the council's decision.

Council discussion focused on operational safeguards and pension accounting. Councilwoman Montiel said she had consulted outside experts to understand whether Stone Garden overtime would materially increase the city’s unfunded pension liability; she reported experts told her extra pay is generally offset by corresponding retirement contributions and said the net effect should be minimal. The police chief and city manager explained operational rules for Stone Garden assignments: officers work the detail voluntarily, remain subject to city supervision, and the city’s watch commander may reassign officers to local incidents as needed.

The order to accept the ADHS subgrant was called and passed by the council; the transcript records council assent but does not provide a detailed roll-call tally in the public minutes. The grant covers reimbursable overtime and mileage and does not, according to speakers on the record, change the legal authorities of local officers.