In August 2025, a statewide political and legal controversy erupted when Libs of TikTok exposed Arizona State Senator Analise Ortiz’s (D-LD24) Instagram posts warning about ICE presence at Southwest Elementary School in Laveen. The incident escalated into ethics complaints, federal investigation referrals, and a constitutional law dispute between state officials. The controversy centers on whether Ortiz’s actions constitute protected First Amendment speech or criminal conduct that aided individuals evading federal immigration enforcement. Officials like Senator Jake Hoffman and County Attorney Brad Miller have pointed to recent ICE cases involving convicted child traffickers and other serious criminals to underscore their concerns.
Key Figures:
- Senator Analise Ortiz (D-LD24) – Maricopa County legislator who posted ICE warnings
- Warren Petersen (R-LD14) – Arizona Senate President (Maricopa County) who condemned Ortiz and referred matter to federal authorities
- Jake Hoffman (R) – Arizona State Senator (Maricopa and Pinal Counties) who filed ethics complaint against Ortiz
- Attorney General Kris Mayes (D) – Arizona’s chief legal officer who defended Ortiz’s actions
- Brad Miller – Pinal County Attorney who offered to investigate Ortiz and provide legal opinion to the legislature
Deadliest Time in Decades for Law Enforcement
In June 2025, Apache Junction Police Officer Gabriel Facio was fatally shot while responding to a road rage incident. The three-year veteran died five days later, a tragedy that underscores broader national trends documented by the FBI on violence against law enforcement officers.
In 2023, 60 officers were intentionally killed in the line of duty — what the FBI terms “felonious killings” — following 61 in 2022 and 73 in 2021, making 2021–2023 the deadliest three-year span in two decades, with 194 deaths in total. Annual numbers have eased slightly since the 2021 peak. Complete 2024 data has not yet been released by the FBI.
At the same time, assaults against officers reached a 10-year high in 2023, with 79,091 incidents reported — a rate of 13.2 assaults per 100 officers, the highest recorded in the past decade.
Note: Complete 2024 data has not yet been released by the FBI.
Timeline: Arizona Senator Analise Ortiz ICE Warnings Controversy
August 5, 2025
- Libs of TikTok exposes Ortiz’s Instagram posts on X. Post goes viral with 16M+ views:
- Jake Hoffman (R) announces ethics complaint filing against Ortiz on X.
- Senate President releases statement: “The comments made by Senator Ortiz are deeply troubling and do not reflect the position of the Arizona State Senate… I spoke with the U.S. Attorney for the District of Arizona and referred this matter to his office to investigate”
- Senator Ortiz responds to Senate President Warren Peterson on X:
- Attorney General Kris Mayes (D) defends Ortiz:
Warren Petersen is using his position as Sen. President to threaten and intimidate Sen. Analise Ortiz for exercising her 1st Amendment rights. That’s not leadership—it’s bullying. I know he’s only been a lawyer for a year and a half but he needs a CLE on the Bill of Rights.
— AZ Attorney General Kris Mayes (@AZAGMayes) August 6, 2025
August 6, 2025
- Pinal County Attorney Brad Miller posts on X:
- Jake Hoffman provides recent examples in Maricopa County where ICE operations involved child abuse including the following:
August 7, 2025
- Brad Miller appears on Garret Lewis iHeart Radio Show
- Miller states: “The First Amendment does not allow for criminal activity”
- Miller offers: “If our Arizona State legislators would like an investigation… let them know that I’m free.”
- Miller explains ICE raids with judicial warrants target “human and child traffickers” as well as individuals involved in “drugs, destroying our communities, harboring aliens, and creating modern slavery”
- Miller describes ICE operations as “well-planned out” with “concept of operations” where “they’ll go to a judge, get a search warrant after they’ve done lots of investigation” and “follow the Fourth Amendment in getting that search warrant”
- Miller emphasizes law enforcement protection: “Who is going to defend the defenders?”
- Arizona State Senate Democratic Leadership releases press statement offering “Unwavering Support of Senator Ortiz”
- Senate Democratic Leader Priya Sundareshan states Ortiz has “protected constitutional right to warn her community”
August 8, 2025
- Attorney General Mayes sends formal demand letter to Brad Miller requiring response by August 15th concerning his social media posts and what he said to Garret Lewis on iHeartRadio
- Mayes challenges Miller on constitutional authority, notes A.R.S. § 13-2929 has been permanently enjoined by federal court since 2014
- Mayes states Arizona has no general “obstruction of justice” crime
- Brad Miller posts: “I will fully respond to your letter next week. I cannot and will not stay silent when anyone makes the dangerous job of being a law enforcement officer more dangerous. The First Amendment was never meant to protect criminal activity or aiding criminal activity.”
- Miller updates the status of the federal investigation on X:
August 13, 2025
- Pinal County Attorney Brad Miller releases written response to Attorney General Mayes
- Miller claims statewide authority under A.R.S. § 11-532(E), cites Horne v. Polk (2017) precedent (see below).
- Miller provides statistic of “830 percent” increase in assaults on police officers this year alone.
Miller’s legal case citations:
- United States v. Alvarez (2012): Supreme Court case about Stolen Valor Act establishing that “criminal conduct itself is never shielded by the First Amendment”
- United States v. Cassiliano (1998): “Speech that helps another person engaged in criminal activity evade detection by law enforcement may be subject to criminal penalties”
- Horne v. Polk (2017): The court appointed Yavapai County Attorney Sheila Polk as Special Attorney General to investigate AG Tom Horne, giving her authority beyond her normal county jurisdiction
About Senator Ortiz
“No one is illegal on stolen land”
Arizona State Senator Analise Ortiz represents District 24, which includes Maryvale. A former ACLU advocate who championed criminal justice reform and federal immigration reform, she was elected to the Arizona House of Representatives in 2022 and now serves in the State Senate.
As ranking member of the Senate Judiciary and Elections Committee, Ortiz has opposed legislation requiring Arizona to cooperate with federal immigration enforcement. In April 2025, Arizona Democrats requested Governor Katie Hobbs veto multiple bills they said would require Arizona to participate in mass deportation campaigns. Ortiz has opposed these bills, aligning with that effort.
Ortiz has cited reports of U.S. citizens and lawful residents being detained by ICE, with some spending up to 10 days in custody.
At a July 17, 2025 court-mandated community meeting in Maryvale, Ortiz stated: “No one is illegal on stolen land.” These meetings are required by federal court oversight of the Maricopa County Sheriff’s Office, which originated from the Melendres v. Arpaio racial profiling case filed in 2007 that resulted in a 2013 ruling finding the Sheriff’s Office had engaged in unconstitutional practices. The meetings provide updates on compliance with constitutional policing practices and allow residents to give feedback to the court-appointed monitoring team. She has advocated for continued federal monitoring to prevent racial profiling.
Her progressive policy positions include housing affordability, renters’ rights, public school funding, reproductive rights, LGBTQ+ rights, immigrant rights protection, civil rights advocacy, and criminal justice reform.
About Pinal County’s Top Prosecutor
Brad Miller – “Defending the Defenders”
Pinal County Attorney Brad Miller has taken an aggressive stance against human trafficking and child exploitation while championing law enforcement protection since being sworn into office on December 27th, 2024. Running on a platform emphasizing border security and police support, Miller has addressed rising crime rates, noting that drug-related crime constitutes nearly 40% of all cases reported, with methamphetamine and fentanyl making up 80% of these drug cases. He attributes the presence of these deadly substances to “the direct consequence of lax border enforcement and weak crime policies,” while also highlighting that violent crime in Pinal County has spiked by over 50% in recent years.
Miller announced a 40-year prison sentence in a child sexual exploitation case involving hundreds of videos of minors. His office secured a conviction in the Santistevan case, where a smuggling dispute escalated into a revenge attack that claimed the lives of two teenagers.
Miller stated in his written response to Mayes that “this year alone, assaults on police officers have skyrocketed by 830 percent.” Miller told Garret Lewis on iHeartRadio: “Law enforcement officers across the United States are being attacked. Who is going to defend the defenders?”
Demonstrating his commitment to law enforcement, Miller announced his intent to seek the death penalty against the accused killer of Apache Junction Police Officer Gabriel Facio. He also announced the creation of a special victims unit specifically designed to handle online predator, luring, and trafficking cases.
Wider Implications
The controversy remains unresolved with investigations and legal proceedings pending. Senate President Warren Petersen confirmed that the matter has been referred to federal authorities, with the U.S. Attorney for the District of Arizona actively investigating.
Miller’s offer to investigate and provide a legal opinion to the legislature remains available. As he stated in his August 13th response to Attorney General Mayes: “When leadership is absent, others will step in to fill the void. My offer to assist still stands.”
The case has become a litmus test for broader questions about First Amendment protections, law enforcement safety, and the boundaries of prosecutorial authority in Arizona. With political tensions high and legal precedents at stake, the ultimate resolution may have lasting implications for how similar cases are handled across the state.