Proposition 314 would make it an Arizona crime to cross border outside of port of entry

PHOENIX — This election, voters will decide if crossing the southern border into the U.S. outside a port of entry would be a state crime in Arizona – a question that may have deeper implications than realized.

It comes after Arizona Republican lawmakers decided to send Proposition 314 to voters, a strategy they took up since Democratic Gov. Katie Hobbs didn’t sign off on their bills throughout the legislative session.

“Unfortunately we had to go directly to the voters. It should have been signed into law by the governor,” said Arizona Senate President Warren Petersen, a Republican.

What is Proposition 314 in Arizona?

If passed, Proposition 314 would:

• Make it a state crime to cross the border outside a port of entry.
• Increase penalties for the sale of fentanyl that results in a death.
• Require welfare programs to verify immigration status.
• Crack down on employment status verification.
• Allow Arizona state judges to issue deportations.

Crossing into the U.S. outside a port of entry is already a federal crime, which federal judges can issue deportations on.

KTAR News legal analyst Barry Markson says the portion of the proposition that allows state judges to deport people could cause some legal challenges.

“The power to deport somebody doesn’t rest there [with the state], so I’m quite confident you’ll see a lawsuit, if this passes,” Markson said.

It’s also something UnidosUS AZ state director Enrique Davis-Mazlum believes will be a problem.

As an organization, UnidosUS is opposed to the proposition.

“Prop 314, at the end, is also more of a political bill than a bill that addresses the problems,” Davis-Mazlum said.

Petersen doesn’t think giving state judges that power will be a problem.

He believes the proposition overall is needed in Arizona right now because of inaction from the federal government at the border.

For potential legal challenges, Petersen says state judges won’t be deporting anyone, but instead says they’ll face prosecution.

However, the bill’s actual language does indicate state judges will in fact order deportations:

“Upon conviction of an offense under this article, the judge shall enter an order that requires the person to return to the foreign nation from which the person entered or attempted to enter the United States, or to the person’s nation of origin.”

Markson believes the issue could go to the state’s Supreme Court.

How could Proposition 314 affect policing?

Another concern is how much leeway police in Arizona will be given to investigate border crossing crimes.

Markson says it could leave the door open for discrimination depending on how police act, if the proposition is passed.

“It doesn’t have that limitation on police,” Markson said. “So, the concern is some police agencies, or some police officers may use this law for people who are nowhere near the border.”

Petersen believes issues at the border warrant this response, calling it a “simple plan.”

Davis-Mazlum says this won’t help the problem much, however.

When it comes to fentanyl, he points out most of the drug comes into the country from ports of entry, not people illegally crossing.

“The way the description was written … was just misleading because it’s not actually going to address the issue,” Davis-Mazlum said.

He also believes the increased policing and other aspects of the proposition will be costly for the state, both in increased needs of funding and by possibly driving away other investment opportunities.

Petersen refutes that, saying the cost of illegal immigration for Arizona is “in the billions.”

Markson also notes that at the end of the day, this potential issue will hinge on how police act and develop policies if it’s passed.

The politics of Proposition 314

Davis-Mazlum sees Prop 314 as a political ploy rather than something designed to create meaningful change at Arizona’s southern border.

“We want Arizona to thrive, we want Arizona to grow,” Davis-Mazlum said. “We need to find solutions together to problems, but this is not the way.”

Ultimatley, he believes the true purpose of the ballot measure is to drive out Republican voters to the ballot box for the Nov. 5 election, adding there needs to be more voter outreach and education on the proposition.

He also called it misleading because it’s posed as an idea that can address the border but doesn’t address the issues.

Petersen disagrees.

“It’s hard to believe anybody would feel that way when it’s enforcement of something that’s already federal law,” Petersen said. “It’s really as simple as we’re going to enforce something that they’re failing to enforce.”