June 4th 2024.
In Phoenix, Arizona, the Republican-controlled state legislature made a final decision on Tuesday to put a proposal on the November 5th ballot. The proposal would make it a state crime for noncitizens to enter Arizona from Mexico at any location other than a designated port of entry. This comes as President Joe Biden announced plans to limit the number of migrants seeking asylum at the U.S.-Mexico border, with the intention of restoring order and control to the process.
The proposal, which was approved by a narrow 31-29 vote in the state House, would allow state and local police to arrest individuals who cross the border without authorization. It would also give state judges the power to order those convicted of the offense to return to their countries of origin. This proposal bypasses the Democratic governor, Katie Hobbs, who vetoed a similar measure in March and has spoken out against the effort to bring this issue to voters.
Before the vote, House Republicans closed access to the upper gallery of the chamber, citing concerns about security and potential disruptions. This move was met with criticism from Democrats, who argued that the gallery should be open to the public as it is the people's House. The vote on the proposal followed party lines, with all Republicans in favor and all Democrats against.
Supporters of the bill argue that it is necessary to ensure security along the state's southern border and that Arizona voters should have the opportunity to decide the issue for themselves. Republican state representative John Gillette stated, "We need this bill, and we must act on it." However, opponents of the legislation claim that it is unconstitutional and would lead to racial profiling, separating families, and incurring millions of dollars in additional policing costs that the state cannot afford. Democratic representative Mariana Sandoval called it "election year politics" and argued that it is not a real solution.
The proposed law is similar to a Texas law that is currently on hold due to a federal court challenge. It was approved by the Arizona Senate on a party-line vote of 16-13. If it is passed by the House, it will be sent to the November ballot instead of being vetoed by Governor Hobbs. While there are already federal laws in place that prohibit unauthorized entry into the U.S., proponents of the measure argue that the federal government has not done enough to stop people from crossing the border illegally. They also claim that some individuals who enter Arizona without authorization commit identity theft and take advantage of public benefits.
Opponents of the proposal believe that it will inevitably lead to racial profiling and saddle the state with new costs from law enforcement agencies that are not experienced in dealing with immigration law. They are also concerned about the potential impact on Arizona's reputation in the business world. However, supporters of the measure dismiss these concerns and argue that local officers would still need probable cause to arrest individuals who cross the border between designated ports of entry.
The proposed law includes other provisions not related to immigration, such as making it a felony to sell fentanyl that leads to someone's death and requiring some government agencies to use a federal database to verify a noncitizen's eligibility for benefits. Opponents have warned about potential legal costs, citing a previous immigrant smuggling ban in Arizona that resulted in a costly racial profiling verdict and ongoing legal expenses.
Under the proposed law, a first-time conviction for crossing the border between designated ports of entry would be a misdemeanor punishable by up to six months in jail. State judges could also order individuals to return to their home countries after serving their sentence, although they would have the power to dismiss cases if the arrested individual agrees to go home. The law would also require the state corrections department to take custody of those charged or convicted under the measure if local or county law enforcement agencies do not have enough space to house them.
There are exceptions in the law for those who have been granted lawful presence or asylum by the federal government. The provision allowing for the arrests of border crossers between designated ports of entry would not take effect until similar laws, such as the one in Texas, have been in effect for 60 days. This is not the first time that Republican lawmakers in Arizona have attempted to criminalize unauthorized migrants. In 2010, they considered expanding the state's trespassing law to criminalize the presence of immigrants, but this was ultimately replaced with a requirement for officers to question individuals about their immigration status while enforcing other laws. This requirement was upheld by the U.S. Supreme Court, but other sections of the law were barred from being enforced.
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