Arizona GOP files complaint against Sen. Ortiz for ICE warning post
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State Sen. Analise Ortiz (D-Phoenix), shown here on the House floor in 2024, faces an ethics complaint from Republican colleagues over an Instagram post warning of ICE activity. Photo: Rebecca Noble/Getty Images
A handful of Republican state senators filed a complaint on Wednesday against a Democratic colleague for a highly publicized recent social media post warning people about the presence of immigration agents near a school, and the chair of the Senate Ethics Committee referred the issue to federal prosecutors.
Reality check: It takes a two-thirds vote to expel a lawmaker, and there's no possibility that Republicans could get the needed Democrats to join them to remove Sen. Analise Ortiz (D-Phoenix).
- The ethics complaint by Sen. Jake Hoffman (R-Queen Creek) recommends other punishments if there aren't enough votes for expulsion, including stripping Ortiz of all committee assignments, her office and parking space, administrative staff and unrestricted keycard access to the Senate.
Catch up quick: Ortiz, whose Legislative District 24 covers parts of Glendale and Maryvale, posted on Instagram last month to warn people about Immigration and Customs Enforcement (ICE) activity near a south Phoenix elementary school.
- Libs of TikTok, a conservative account on X, publicized the post and criticized Ortiz.
- Ortiz's post was condemned by Republicans, including Hoffman and Senate President Warren Petersen (R-Gilbert).
Driving the news: On Wednesday, Hoffman filed an ethics complaint against Ortiz, accusing her of disorderly behavior, undermining efforts to enforce immigration laws, "brazenly advocating for lawlessness," and jeopardizing agents' safety by disclosing their location.
- The complaint was co-signed by seven other Republican senators, including Petersen.
State of play: Sen. Shawnna Bolick (R-Phoenix), who chairs the Senate Ethics Committee, referred the complaint to the U.S. Attorney's Office for Arizona.
- Bolick said the complaint alleges that Ortiz "interfered with federal immigration enforcement operations." In a letter to U.S. Attorney Timothy Courchaine, she said Ortiz "engaged in actions that may implicate federal law," which the ethics committee has no jurisdiction to enforce.
- Bolick also suggested that Ortiz might've violated an anti-doxxing law she sponsored in 2021.
What's next: The ethics committee will "conduct a thorough review of the facts," Bolick said, and the U.S. attorney's review "will inform the committee's next steps."
Yes, but: Attorneys from ASU's First Amendment Clinic told the Arizona Republic that reporting on publicly observable law enforcement activity is protected by the First Amendment, as long as they don't interfere or obstruct.
- In response to President Trump's immigration crackdown, people have used social media to post warnings about ICE activity, and there are multiple phone apps where people can track agents on the ground.
The other side: Ortiz said the complaint shows Republicans are willing to use "extreme levels of intimidation" to stop her from doing the job for the residents of her district.
- She added she shared a post warning of "masked, armed men" outside a school, and compared her social media activity to apps that warn people about speed traps and Nextdoor posts about police activity.
- "We are talking about masked men who are refusing to share what agency they are with. That should terrify everyone in our communities right now," she told Axios.
- Ortiz argued that sharing public information about visible law enforcement activity isn't doxxing.
Between the lines: Senate GOP spokesperson Kim Quintero told Axios the proposed punishments would be decided by a full Senate vote, not solely by Petersen, the chamber's leader.
Flashback: Republicans last year filed ethics complaints against Ortiz, who was then a House member, and Rep. Oscar De Los Santos (D-Laveen) for a demonstration on the chamber's floor during a debate over the repeal of Arizona's pre-Roe abortion ban.
- The House Ethics Committee found the pair violated House rules.
Editor's note: This story has been updated with new details throughout.