Voters in November are scheduled to vote on 13 ballot measures after the state legislature referred 11 measures to the electorate, the most in 40 years.
After Proposition 139, the Right to Abortion Initiative, which had over 577,000 certified petition signatures, the proposition that has attracted the most public and media attention is Proposition 314, a legislatively-referred state statute.
Proposition 314, the “Secure the Border Act,” would give local law enforcement personnel the authority to arrest anyone they suspect of having entered the United States at a place other than an authorized port of entry and allow state judges to order deportations.
“Other provisions in the bill, not contingent on court rulings, include harsher penalties for drug dealers trafficking fentanyl across the border that leads to an overdose death of a person,” the Arizona Senate Republicans wrote in a July 15 press release about Proposition 314’s review by the Arizona Supreme Court. “It will also establish a state crime of any individuals living in Arizona illegally who knowingly submit false information or documents to apply for government benefits or apply for employment. Lastly, it will require state agencies administering benefits to use the federal Systematic Alien Verification for Entitlements program, in addition to current state verification systems when determining eligibility of non-U.S. citizens.”
A “no” vote would maintain the current criminal laws and the federal government’s exclusive authority over deportation.
Arizona’s Republican majority in the state legislature previously tried passing three separate identical pieces of legislation to make crossing the border between ports of entry without the proper documentation a state crime: House Bill 2478, HB 2821 and Senate Bill 1231.
“Anti-immigrant legislation to score cheap political points has no place in our state. SB 1231 does not secure our border,” Gov. Katie Hobbs [D] said when vetoing the bill on March 4 after it passed the House 31-28 along party lines. “Instead, it demonizes our communities, hurts businesses and farmers and burdens law enforcement and our judicial system.”
The proposition’s text does not specify how the additional costs of policing generated by the proposition would be paid for.
In May, the Grand Canyon Institute estimated that its enforcement could cost more $325 million. GCI did not include an estimate of the anticipated costs for Proposition 314’s fentanyl sentencing requirements or preventing undocumented individuals from applying for public benefits.
“In addition to disrupting the asylum process for individuals facing persecution or danger in their country of origin, [Proposition 314] would require state officials to detain immigrants in county jails and state prisons,” the ACLU of Arizona wrote in a May press release about House Concurrent Resolution 2060 that was sponsored by Rep. Ben Toma [R-District 27]. “In cases where families with minor children are arrested, the state would also have to separate children from their parents or adult family members due to age and custody restrictions in carceral facilities.”
Election day is Tuesday, Nov. 5. The voter registration deadline is Monday, Oct. 7.
