The GOP-controlled Arizona Legislature has approved a proposal to put a ballot measure before voters this fall. The measure would make it a state crime for noncitizens to enter Arizona through Mexico at any location outside of a port of entry. President Biden also recently unveiled plans to restrict the number of migrants seeking asylum at the U.S.-Mexico border, stating that this action will help to gain control of the border and restore order to the process. The Arizona measure, which was approved by a party-line vote in the state House, would allow state and local police to arrest unauthorized border crossers and state judges to order convicted individuals to return to their countries of origin.
House Republicans in Arizona closed access to the upper gallery of the chamber before the session started, citing security concerns. Democrats criticized the move, demanding that the gallery be reopened. Supporters of the measure argue that it is necessary for security along the state’s southern border, and that Arizona voters should be allowed to decide the issue themselves. Opponents, however, claim that the legislation is unconstitutional and could lead to racial profiling, family separations, and significant additional policing costs for the state. Similar to a Texas law currently on hold, the Arizona proposal is seen as election year politics by some critics.
The Arizona measure includes provisions beyond immigration, such as making it a felony to sell fentanyl that results in a person’s death. It also requires some government agencies to use a federal database to verify a noncitizen’s eligibility for benefits. A first-time conviction under the border-crossing provision would be a misdemeanor punishable by up to six months in jail, with the possibility of returning individuals to their home countries after incarceration. The measure also includes provisions for taking custody of individuals charged or convicted under the measure if local agencies lack the capacity to house them, with exceptions for those with lawful presence status or asylum.
The Arizona Senate approved the measure on a party-line vote, highlighting the partisan divide on the issue. Proponents argue that federal efforts to stop unauthorized border crossings have not been effective, necessitating state action. Critics, on the other hand, believe the measure could lead to negative consequences and question its constitutionality. The Arizona provision allowing for the arrests of border crossers between ports of entry would only take effect after similar laws are implemented in Texas and potentially other states for 60 days. The measure ultimately seeks to address concerns about border security and immigration enforcement in Arizona.
