On a party-line vote of 16-13, the Arizona Senate has approved a proposal that bears a resemblance to a Texas law, which is currently on hold due to an ongoing legal challenge. If the proposal clears the House, it will be sent to the Nov. 5 ballot, bypassing the Democratic Governor, Katie Hobbs, who vetoed a similar proposal earlier in March.
Critics argue that the proposition would result in police resorting to racial profiling, and also lead to additional expenses for law enforcement agencies that are not accustomed to dealing with immigration law. Furthermore, they assert that it could harm Arizona’s standing in the business community.
Advocates of the ballot measure dismissed worries about racial profiling, stating that law enforcement officials would still need to establish reasonable suspicion before detaining individuals who cross into Arizona at places other than official entry points.
Supporters of the measure argue that it specifically targets the state’s border region and does not affect individuals throughout the state, unlike Arizona’s 2010 immigration law. However, those who are against the proposal note that there are no restrictions on where it can be enforced within the state.
Included in the ballot proposal are additional provisions that are unrelated to immigration and not present in the Texas measure. One provision makes it a felony to sell fentanyl that results in a person’s death, punishable by up to 10 years in prison. Another provision requires government agencies administering benefit programs to use a federal database to confirm the eligibility of noncitizens for benefits.
Opponents raised concerns about the potential legal expenses, citing Arizona’s 2005 immigrant smuggling ban as an example. The ban was enforced by former Maricopa County Sheriff Joe Arpaio, who conducted 20 traffic patrols aimed at immigrants. Subsequently, a racial profiling verdict was reached in 2013, resulting in the accumulation of legal and compliance costs that have now reached $265 million, with expectations to reach $314 million by July 2025, all funded by taxpayers.
If local or county law enforcement agencies do not have adequate space to house individuals charged or convicted under the law, the new measure would mandate the state corrections department to take them into custody.
The federal government’s proposal does have some exceptions in place for individuals who have been granted lawful presence status or asylum.
Border crossers can only be arrested in between ports of entry once the Texas law or other similar laws from other states have been in effect for at least 60 days.
Republican lawmakers in Arizona have attempted to make unauthorized migrants a criminal offense in the past.