The Arizona Senate has approved a proposed ballot measure that would make it a state crime for noncitizens to enter the state through Mexico at any location other than a port of entry. The measure, approved on a 16-13 party-line vote, would allow state and local police to arrest people crossing the border without authorization and give state judges the power to order convicted individuals to return to their country of origin. If approved by the full Legislature, the measure will bypass Democratic Governor Katie Hobbs and be sent to voters in November.
Before the vote, immigrant rights advocates protested the measure, calling supporters racists and yelling, “Stop the hate.” Proponents of the measure argue that federal law already prohibits unauthorized entry into the U.S., but say the measure is necessary due to insufficient action by the federal government in stopping illegal crossings over Arizona’s border with Mexico. Supporters also claim that some unauthorized individuals commit identity theft and exploit public benefits, leading to the need for state intervention in immigration enforcement.
Opponents of the proposed ballot measure argue that it could harm Arizona’s reputation in the business world, place significant unfunded costs on law enforcement agencies, and result in racial profiling of immigrants, legal residents, and U.S. citizens. Democratic Senator Catherine Miranda of Phoenix expressed concerns that the bill could create chaos. The proposal includes misdemeanor penalties for first-time convictions of illegal border crossing, with judges having the authority to order individuals to return to their home country after completing a term of incarceration.
The measure faced controversy over its treatment of recipients of the Deferred Action for Childhood Arrivals (DACA) program, but the provision related to DACA recipients was ultimately removed from the proposal. Republican Senator Ken Bennett, who voted for the measure after the removal of the DACA provision, stated that the proposal had been significantly improved. Supporters of the measure dismissed concerns about racial profiling, emphasizing that local officers would need probable cause to make arrests and that the proposal would focus solely on the state’s border region.
In response to the Senate’s approval of the measure, Governor Hobbs issued a statement denouncing it, along with support from business leaders, law enforcement officials, and bipartisan local leaders who oppose the bill. Despite concerns, supporters argue that the proposed measure is more limited in scope compared to Arizona’s previous immigration laws and would not target individuals statewide. The ballot measure also includes provisions unrelated to immigration, such as a felony charge for selling fentanyl that leads to someone’s death. This is not the first time Arizona lawmakers have attempted to criminalize unauthorized migrants entering the U.S.
