Nogales council approves $462,000 Operation Stone Garden reimbursement after public debate

The Nogales City Council on March 5 approved a subgrantee agreement with the Arizona Department of Homeland Security that will reimburse the city up to $462,000 for Operation Stone Garden overtime and mileage.

The vote followed an extended public-comment period during which advocates from the Kino Border Initiative urged the council not to renew the contract, saying the program sows fear in immigrant communities. Sister Tracy Horan of Kino Border Initiative told the council, “For the sake of migrants who work and live in our communities and visitors who come to learn about and experience Nogales, we at KBI would ask the council, to say no to renew this contract.” Sister Eileen McKinsey, also with Kino, said the overlap between local and federal authority creates a “blur” that makes people afraid to call police.

City and law-enforcement speakers pushed back on concerns about local control and described Stone Garden as a reimbursable overtime program. Jose Pimienta, speaking for city officers, said, “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.” He told the council Stone Garden funds are “100% refundable to the city” and pay for vehicles, equipment and overtime so the city does not have to divert local budget dollars.

Nogales Police Chief David Jimenez said the department will not participate in immigration enforcement beyond referring people to federal agents when appropriate and emphasized the department’s commitment to community safety: “You will not see the Nogales Police Department involved in anything like that that you see in the news where there’s raids and arrests and all that stuff happening. That’s not gonna happen here.”

Council members also discussed pension impacts tied to overtime. Councilwoman Montiel said she had consulted retirement-plan experts and was told additional pay can increase pension liability but that extra employer contributions on the higher pay largely offset the effect; she described the expected impact on the city’s unfunded liability as “minimal.” During council discussion the figures for the city pension unfunded liabilities were discussed: Montiel referenced police liabilities around $18 million and fire liabilities around $17 million as the context for the conversation.

The order approved by council authorizes the city manager to execute the subgrantee agreement with the state for reimbursement of Stone Garden overtime and mileage. Council members voted in favor; the motion passed.