In a written statement, Hathaway said federal agents repeatedly asked his office to remove protesters who were camping on private property near the U.S.-Mexico border on Oct. 5. He said his deputies responded to investigate the calls but found no threat to federal employees or contractors.
Hathaway characterized the demonstrations as peaceful and argued that federal authorities should take responsibility for security surrounding the wall’s construction.
“The only violent physical encounters in the area involved large numbers of mask-clad federal officers gassing and dragging protesters away,” Hathaway wrote.
An AZPM reporter visited the site multiple times last week, and witnessed masked, armed federal officers guarding the wall construction. In a video livestreamed by protesters on Wednesday, Oct. 7, Border Patrol agents in protective masks could be seen aiming tear gas canisters at protesters as clouds of white smoke billowed into the air.
Sheriffs’ Association raises public safety concerns
The dispute escalated after the Arizona Sheriffs’ Association issued an open letter expressing concern that the Santa Cruz County Sheriff’s Office had allegedly declined requests for assistance involving threats, violence and property damage.
The association said the right to peaceful protest must be protected, but alleged criminal activity requires an appropriate law enforcement response. It also said Hathaway’s office had reportedly declined requests for assistance from state and federal law enforcement officials.
Hathaway disputes the characterization of the protesters as a public safety threat. He said his office has 45 sworn officers responsible for covering 1,238 square miles, while federal personnel assigned to the border significantly outnumber local deputies.
He argued that immigration and border security are federal responsibilities and said he did not want to send armed deputies to confront armed federal officers.
Dispute over the association’s political neutrality
Hathaway also criticized the Arizona Sheriffs’ Association, describing it as politically biased. He said he stopped paying membership dues after unsuccessful efforts to persuade the organization to adopt a politically neutral position.
The association, however, has rejected his characterization. Its president, Navajo County Sheriff David Clouse, has said the organization includes sheriffs with different political affiliations and does not make political endorsements. The association also said Hathaway’s membership was terminated following a vote related to his membership standing.
The protests in Lochiel centered on efforts to stop border wall construction near an old cottonwood tree known as the “Grandmother.” Federal agents removed protesters from the tree before it was cut down.
Hathaway said the section of wall in the area has now been completed and that protesters were beginning to leave. He added that some private landowners continued to report difficulties accessing their property.
The competing accounts from Hathaway and the Arizona Sheriffs’ Association underscore an ongoing dispute over local law enforcement responsibilities, public safety and the handling of protests surrounding federal border construction.
