ARIZONA NEWS

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

Sep 19, 2024, 4:35 AM | Updated: Sep 24, 2024, 3:59 pm

YouTube video

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.”

We want to hear from you.

Have a story idea or tip? Pass it along to the KTAR News team here.

Arizona News

interstate 17...

KTAR.com

Heavy delays on I-17 north of metro Phoenix ease after wreck cleared

A wreck on Interstate 17 north of metro Phoenix caused a significant backup for southbound traffic midday Monday.

2 hours ago

securities fraud...

Kevin Stone

Scottsdale investment adviser’s license revoked in securities fraud case

The Arizona Corporation Commission revoked a Scottsdale man’s investment adviser license last week as part of a securities fraud case.

3 hours ago

west valley shooting...

KTAR.com

West Valley investigators searching for clues after man killed in overnight shooting

Investigators are searching for clues after a man was killed in a West Valley shooting early Monday, authorities said.

4 hours ago

...

Serena O'Sullivan

Phoenix teen honored by PETA youth group for dog boot distribution campaign

A 15-year-old started a nonprofit that raises money for dog boots, which are given to people experiencing homelessness in the Valley with pets.

5 hours ago

Gas prices Arizona California bill...

Kevin Stone

California bill that could raise gas prices in Arizona moves closer to passage

A California bill designed to prevent spikes in gas prices in that state could end up hitting Arizona and Nevada drivers in their wallets.

6 hours ago

triple-digit temperatures...

Kevin Stone

Is it time to say goodbye to record heat and triple-digit temperatures in Phoenix?

It might finally be time to say goodbye to record heat and triple-digit temperatures in Phoenix, at least for the time being.

10 hours ago

Sponsored Articles

...

Bright Wealth Management

Here’s how to save money on retirement planning

PHOENIX -- With inflation still going on, people planning on retiring still face many issues on when they can retire and how much money they need to achieve it.

...

Midwestern University

Midwestern University Clinic visits boost student training & community health

Going to a Midwestern University Clinic can help make you feel good in more ways than one.

...

Collins Comfort Masters

Here’s how to be worry-free when your A/C goes out in the middle of summer

PHOENIX -- As Arizona approaches another hot summer, Phoenix residents are likely to spend more time indoors.

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