New Border Law Takes Center Stage on November Ballot

Arizona voters will face an important decision this November as they evaluate 13 ballot measures, the highest number referred to the electorate by the state legislature in four decades. Among these, Proposition 139, which addresses the right to abortion, has garnered significant public interest due to over 577,000 certified petition signatures.

Another measure drawing considerable attention is Proposition 314, known as the “Secure the Border Act.” This legislatively referred statute would empower local law enforcement to arrest individuals suspected of unauthorized entry into the U.S. Additionally, it would enable state judges to directly order deportations, further extending Arizona’s approach to border enforcement.

The proposal includes several other significant components. According to Arizona Senate Republicans, it introduces stricter penalties for drug dealers who traffic fentanyl resulting in overdose deaths. It also criminalizes the act of submitting false information for government benefits or employment by individuals residing in Arizona illegally. Moreover, it mandates state agencies to employ the federal Systematic Alien Verification for Entitlements program in verification processes.

A “no” vote on Proposition 314 would uphold existing criminal laws and maintain the federal government’s authority over deportations. Historically, the state’s Republican majority has pursued similar initiatives, with multiple previous attempts to classify unauthorized crossings between ports of entry as a crime. Measures like House Bill 2478, HB 2821, and Senate Bill 1231 faced bipartisan opposition.

Governor Katie Hobbs, a Democrat, articulated her concerns about the proposed legislation, asserting that such anti-immigrant policies do not serve Arizona’s interests. “Instead, it demonizes our communities and burdens law enforcement,” she stated during her veto of SB 1231, which passed narrowly in the House.

As the implications of Proposition 314 unfold, questions remain about funding. The Grand Canyon Institute estimates that law enforcement and implementation could exceed $325 million, excluding potential costs associated with fentanyl penalties and the effects of limiting public benefit applications by undocumented individuals.

The ACLU of Arizona has also raised alarms regarding the humanitarian impacts of Proposition 314, specifically how it could disrupt asylum processes and force the separation of families during detention. They expressed concerns about the potential for increased incarceration rates among immigrant populations.

As Election Day approaches on November 5, registered voters must prepare for these pivotal choices, with the registration deadline set for October 7.