The GOP-controlled Arizona Legislature passed a measure to add a ballot initiative this fall that would make it a state crime for noncitizens to enter the state through Mexico outside of a port of entry. President Biden also unveiled plans to limit the number of migrants seeking asylum at the U.S.-Mexico border in an effort to gain control and restore order to the process. The Arizona measure, passed by the state House on a party-line vote, would allow state and local police to arrest unauthorized border crossers and have judges order them to return to their countries of origin. The decision to close access to the upper gallery of the House sparked criticism from Democrats who demanded it be reopened.
Supporters of the Arizona measure argue that it is necessary for security along the state’s southern border and that voters should have a say in the issue. Critics, however, believe the legislation is unconstitutional and could lead to racial profiling, family separations, and increased policing costs. Opponents also argue that the proposal lacks geographical limitations on where it can be enforced within the state. The measure includes provisions unrelated to immigration, such as making it a felony to sell fentanyl leading to a person’s death and requiring some government agencies to use a federal database to verify a noncitizen’s eligibility for benefits.
The Arizona Senate approved the proposal on a party-line vote, citing the need for additional measures to prevent unauthorized border crossings given the federal government’s perceived failure to address the issue effectively. The measure would make a first-time conviction of unauthorized border crossing a misdemeanor punishable by up to six months in jail, with the possibility of people being ordered to return to their countries of origin after incarceration. The state corrections department would be responsible for housing individuals charged under the measure if local agencies lack space, with exceptions for those with lawful presence status or asylum.
The Arizona provision allowing for the arrest of border crossers between ports of entry would not come into effect until similar laws in other states, such as the Texas law which is currently on hold, have been in effect for 60 days. The proposal has drawn criticism from Democrats for its potential consequences and its perceived political motivations during an election year. Despite opposition, supporters maintain that the measure is necessary for border security and emphasize the importance of allowing Arizona voters to make a decision on the issue. The debate surrounding the measure reflects wider concerns and differences of opinion regarding immigration policy and enforcement at both the state and federal levels.
