In a move that could significantly reshape immigration enforcement in Arizona, the state’s Supreme Court has cleared the way for residents to vote on Proposition 314 this November. The Arizona Immigration and Border Law Enforcement Measure would grant state and local police the power to arrest and detain individuals who cross the Arizona-Mexico border unlawfully, bypassing federal restrictions that have long limited such actions.
The proposal also includes provisions targeting the fentanyl crisis and public welfare abuse. Under the measure, selling fentanyl that results in someone’s death would become a Class 2 felony, carrying a sentence of up to 10 years. Additionally, the proposition would require the E-Verify program to determine an individual’s citizenship status before they can receive financial aid or enroll in public welfare programs. Anyone caught providing false information for employment or benefits could face a Class 6 felony charge.
Efforts to block the proposal from appearing on the ballot failed, with opponents arguing that it covered multiple unrelated topics. However, Arizona Supreme Court Chief Justice Ann A. Scott Timmer ruled that Proposition 314 meets the state’s single-subject requirement.
The measure is similar to Texas’ Senate Bill 4, which allows local authorities to arrest and deport illegal immigrants, though Arizona’s proposal is described as being “stronger.” Texas’ law, signed by Gov. Greg Abbott, is currently tied up in court due to legal challenges from the Biden administration. Despite federal pushback, other states like Oklahoma and Louisiana have considered similar legislation.
Supporters of the Arizona measure, including State Sen. Justine Wadsack (R), argue that local enforcement is necessary due to the federal government’s failure to secure the border. Meanwhile, critics warn that such laws could lead to legal conflicts and federal overreach, as seen in Texas.
As border security remains a heated issue, Arizona’s Proposition 314 could set the stage for a new approach to immigration enforcement if passed, giving state and local authorities unprecedented power to combat illegal crossings.