The Arizona Supreme Court cleared the way earlier this week for a Republican-led effort to make illegal border crossings a state crime to appear on the November ballot.
The measure, known as Proposition 314, would make it a crime for migrants to cross into the Grand Canyon State from Mexico unless they go through an official port of entry. The proposal, if passed by voters, would also allow law enforcement to arrest those who violate the law and deport them.
The proposal also makes selling fentanyl that leads to the death of a person a felony, punishable by up to 10 years in prison. In addition, some government agencies may also be required to use federal databases to verify noncitizens’ eligibility for benefits.
Latino advocacy groups claimed the measure was in violation of the constitutional provision that limits ballot measures to one subject. The complaint was rejected by Arizona Chief Justice Ann A. Scott Timmer, who said the measure satisfies the single subject rule.
While other opponents of the measure argued that, if approved in November, the proposal could proliferate racial profiling and bring on additional costs for local law enforcement, proponents said it would curb illegal immigration in a border state since, in their view, the federal government has fallen short of preventing an illegal influx of migrants at the southern border.
Proposition 314 was introduced in June in the GOP-led Arizona House of Representatives to circumvent Gov. Katie Hobbs (D) earlier this year, who vetoed a similar effort. If the state’s voters approve the measure on Nov. 5, Hobbs cannot veto it.
The proposal bears similarities to Texas’s new immigration law that makes entering The Lone Star State outside of the port of entry a state crime. The new law, dubbed SB 4, would allow the state police to arrest those illegally crossing into Texas from Mexico.
The Texas law, which makes violations punishable by up to six months in prison, briefly went into effect but is currently on hold pending challenges.
The Associated Press contributed reporting.