Arizona Residents Will Determine Whether to Make Border Crossing by Noncitizens a State Felony

The Arizona Legislature, which is controlled by the GOP, 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 from Mexico at any location other than an official port of entry.

President Biden recently announced plans to limit the number of migrants who can seek asylum at the U.S.-Mexico border.

“According to Mr. Biden, this action will help us gain control of our border and restore order to the process,”

The Arizona measure was approved by the state House with a vote of 31-29. This measure would give state and local police the authority to arrest individuals who are crossing the border without permission. State judges would also be able to order individuals who are found guilty of crossing the border without authorization to go back to their home countries.

The state House voted in favor of the proposal with all Republicans voting for it and all Democrats voting against it. The votes were split along party lines. The measure goes around Democratic Gov. Katie Hobbs, who rejected a similar measure in early March and has expressed disapproval of the attempt to let voters decide on the issue.

House Republicans decided to prevent people from entering the upper gallery of the chamber before the session on Tuesday. They said they were worried about security and potential disruptions. The decision was quickly criticized by Democrats, who insisted that the gallery should be reopened.

Also Read: Congressional Black Caucus Condemns Greene’s ‘unhinged’ Remarks Regarding George Floyd

The proposal is like a law in Texas that has been temporarily stopped by a federal appeals court because it is being questioned. The proposal was approved by the Arizona Senate with a vote of 16-13, along party lines.

The measure is being proposed because the federal government has not been successful in preventing people from crossing illegally over Arizona’s large and easily crossed border with Mexico, even though it is already against federal law to enter the U.S. without authorization.

The supporters of the measure also argue that it specifically addresses the border region of the state and does not target people across the entire state, unlike Arizona’s significant immigration law in 2010. However, critics argue that the proposal does not specify any specific areas within the state where it can be enforced.

The Arizona measure has additional provisions that are not included in the Texas measure and are not directly related to immigration. These changes include making it a serious crime that can result in up to 10 years in prison for selling fentanyl that causes someone’s death. Additionally, some government agencies will now be required to use a federal database to check if a noncitizen is eligible for benefits.

According to the current proposal, if someone is convicted for crossing the border for the first time, it would be considered a misdemeanor and they could be sentenced to up to six months in jail. State judges have the authority to order individuals to go back to their home countries after they have completed their prison sentences. However, the courts can choose to drop the cases if the arrested individuals agree to return home voluntarily.

The measure would make it mandatory for the state corrections department to take custody of individuals who are charged or convicted under the measure. This would happen if the local or county law enforcement agencies do not have enough space to keep them. The exceptions apply to individuals who have been granted lawful presence status or asylum by the federal government.

The provision in Arizona that allows for the arrest of people crossing the border between ports will only go into effect after the Texas law or similar laws from other states have been in effect for 60 days.