ARIZONA NEWS

Voters approve Prop 314, which criminalizes entering Arizona from Mexico outside port of entry

Nov 5, 2024, 9:06 PM | Updated: Nov 6, 2024, 8:38 am

Proposition 314...

Proposition 314, which would criminalize entering the state from Mexico outside a legal port of entry, looked likely to pass on Nov. 5, 2024. (Photo by Brandon Bell/Getty Images)

(Photo by Brandon Bell/Getty Images)

PHOENIX — Voters have passed Proposition 314, a Republican-backed border security measure that makes it a state crime to enter Arizona from Mexico outside a legal port of entry.

The Associated Press called the race Wednesday morning after the first batch of returns Tuesday night showed a big advantage for the yes vote.

The measure, aka the Immigration and Border Law Enforcement Measure, was leading 62.7%-37.3% with a little over 2 million votes reported, according to the Arizona Secretary of State’s Office results page.

Opponents have compared Prop 314 to SB1070, Arizona’s controversial “show-me-your-papers” law that passed in 2010 and was partially struck down by the U.S. Supreme Court.

Republicans in the state Legislature referred the border measure to the ballot after Gov. Katie Hobbs vetoed a bill that covered some of the same ground in March.

What does Arizona’s Proposition 314 do?

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

Proposition 314 gives state and local law enforcement officers the power to arrest people for crossing the border illegally. It also authorizes Arizona judges to issue deportation orders for anyone convicted of illegal border entry who refuses to leave the country.

However, the Arizona measure has wording that says the illegal border crossing provision can only go into effect if federal courts uphold a similar Texas law that is still under judicial review.

Proposition 314 covers more than just the border crossing restrictions. It also:

  • Increases penalties for the sale of fentanyl that results in a death.
  • Requires welfare programs to verify immigration status.
  • Cracks down on employment status verification.

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Voters approve Prop 314, which criminalizes entering Arizona from Mexico outside port of entry