‘Secure Border Act’ Set for Swift Approval

Arizona’s political landscape is once again set for a clash with the federal government regarding immigration enforcement. Voters have rallied behind a GOP-backed initiative that empowers the state to jail and deport migrants. As ballots are still being counted, approximately 61% of voters have supported Proposition 314, leading the Associated Press to predict its passage.

Labelled the “Secure the Border Act” by Republican lawmakers, Proposition 314 amalgamates various GOP priorities that had previously stalled in the legislature or were dismissed by Governor Katie Hobbs. The initiative aims to criminalize border crossings, enforcing up to six months of incarceration for first-time offenders. Local law enforcement will gain the authority to arrest suspected violators, while state judges will be empowered to issue deportation orders. Additionally, submitting false documentation to obtain jobs or public benefits will now carry a class 6 felony charge.

Moreover, the measure introduces a new felony category targeting individuals convicted of selling fentanyl that results in another person’s death. This aspect addresses the ongoing opioid crisis, adding another layer of complexity to the proposition.

Republican advocates have justified this initiative by linking it to heightened concerns around immigration, despite recent declines in border crossings. Historical context reveals Arizona’s contentious relationship with federal immigration policy, notably illustrated by the controversial SB1070 law enacted in 2010, which permitted local police to check the legal status of individuals. The U.S. Supreme Court subsequently invalidated key provisions of that law, asserting that immigration enforcement is exclusively a federal responsibility.

Notably, Arizona’s new initiative bears similarities to a Texas law currently embroiled in litigation, including a stipulation that it remains inactive until either the Texas law is enacted or the Supreme Court alters its 2012 rulings against Arizona.

The proposal has ignited considerable backlash from various groups, including Latino and immigrant advocacy organizations, business representatives, and some law enforcement officers operating near the border. Critics assert that the initiative will result in increased burdens on law enforcement and might exacerbate racial profiling concerns.

Despite the approval from voters, legal challenges are anticipated. Progressive organizations early on disputed the measure’s conformity with Arizona’s single subject requirement, asserting that initiatives should focus on one issue. However, after a ruling in favor of GOP legislative leaders—who argued that all provisions address concerns related to border security—the measure advanced to the ballot.

Legal representatives from the Latino advocacy group Living United for Change have cautioned that Proposition 314 could also breach state constitutional mandates, especially regarding the need for a designated funding source for initiatives likely to increase state expenditures. During discussions, some law enforcement officials expressed worries that implementation costs could detract from public safety funding. GOP lawmakers acknowledged the financial implications but deferred decisions on funding to future legislative sessions.

***UPDATE: The Associated Press has officially announced the passage of Proposition 314.