PHOENIX — On Election Day, Arizona voters will vote on whether or not to approve or deny a ballot measure that would change how illegal border crossings are enforced in Arizona.
Dubbed the "Secure the Border Act," Proposition 314 would allow local law enforcement officers to arrest anyone who is seen crossing the U.S.-Mexico border in Arizona, allow state judges to order deportations, increase the penalties for submitting false documents when trying to show eligibility for employment or applying for public benefits and increase the penalty for knowingly selling fentanyl, which leads to the death of someone who takes it, among other actions.
Let's break down exactly what this measure would do if passed.
Breaking down Proposition 314
Changes to Immigration Enforcement
Prop. 314 has made headlines for the provision that would allow local law enforcement officers in Arizona to arrest anyone who enters or tries to enter Arizona "at any location other than a lawful port of entry."
However, officers could only make an arrest if they saw it with their own eyes, if it was recorded or if there was "any other constitutionally sufficient indicia of probable cause."
This measure does not give any limits as to where an arrest could be made, meaning that an arrest could be anywhere from southern Arizona to Phoenix, Flagstaff or even Kingman.
Anyone arrested under this measure would face a class one misdemeanor. Further offenses would see the charge raised to a class six felony.
This proposition would also allow judges in Arizona to order deportations. Currently, only judges in federal immigration court have that ability.
If someone has been deported but refuses to comply, they would then be charged with a class four felony, under this proposition.
Prop. 314 does allow for charges to be dropped if the person charged with entering the U.S. illegally agrees to return to their "nation of origin" willingly and has not been convicted or charged with any other crimes.
Submitting false documents
Prop. 314 would almost make presenting false documents when applying for federal public benefits, such a welfare or Medicaid, or state/local public benefits, such as AHCCCS, a class six felony. It also requires the use of the E-Verify program to make sure applicants are in the country legally when applying for a job.
If someone is found to have submitted false documents when applying for a job, they would be charged for a class one misdemeanor for a first offense and a class six felony for any further offenses.
Selling "lethal fentanyl"
The proposition also would increase the penalty for anyone who knowingly sells "lethal fentanyl," which is fentanyl that leads to the death of a person, to a class two felony and would add five years to both the minimum and maximum sentences for those found guilty.
When would Proposition 314 take effect?
If passed, Prop. 314 would not go into effect immediately. It would not take effect until Texas' SB 4, which is very similar, is approved by the courts and has been in effect for 60 days. It could also go into effect 60 days after a similar law goes into effect in any other state.
How did Proposition 314 make it to the ballot?
In March, Gov. Katie Hobbs vetoed Senate Bill 1231, which was dubbed the "Arizona Border Invasion Act," which was passed on party lines before being sent to the governor's desk.
At the time, Hobbs said she vetoed the bill because "does not secure our border, will be harmful for communities and businesses in our state and burdensome for law enforcement personnel."
Two months later, the state Senate approved a new version of the bill, HCR 2060, which is what will be voted on in November.
Support for Proposition 314
Prop. 314 is supported by many prominent Republicans in Arizona, including U.S. Senate candidate Kari Lake, state Sens. Ken Bennett and John Kavanagh and state Reps. John Gillette, Alexander Kolodin and Ben Toma. It is also supported by Heritage Action for America, a grassroots organization that lobbies on behalf of the Heritage Foundation, a conservative think tank.
"Open border policies have allowed 10 million illegal aliens to cross the border into the United States since President Biden took office," Nathan Duell, the Arizona State Director of Heritage Action for America, said in an argument for Prop. 314 circulated in a pamphlet from the Arizona Secretary of State's Office. "American jobs and families are threatened every day by the constant influx of illegal aliens invading the country. Prop 314 is a meaningful, commonsense proposal to protect the safety and well-being of our communities."
"Arizonans are crying out for common sense security measures," Lake said in a statement to NBC News about Prop. 314 in June. "I am encouraged that Arizona Republican state legislators are doing their best to deliver it — even if they have to go around Hobbs’ veto to do it. "
Opposition to Proposition 314
Prop. 314 is opposed by many prominent Democrats in Arizona, including Gov. Hobbs, U.S. Senate candidate Rep. Ruben Gallego, and Tucson Mayor Regina Romero. It is also opposed by Will Humble, the former director of the Arizona Department of Health Services, and the organizations Chicanos Por La Causa and Living United for Change in Arizona (LUCHA), the Catholic Bishops of Arizona, the League of Women Voters of Arizona.
Many of the proposition's critics oppose it saying it does not come with the funding necessary for local law enforcement agencies to start enforcing border crossings.
Dave Wells, the research director for the Grand Canyon Institute, told 12News in June that it would cost taxpayers about $325 million to enforce illegal border crossings and prosecute and incarcerate offenders. A report from the Federation for American Immigration Reform estimated that Prop. 314 would cost Arizona about $3.2 billion per year.
"If you were to incarcerate 9,000 more people in Arizona for six months, it would cost of about $140 million," Wells told 12News' Chase Golightly. "We have teacher shortages and other kinds of infrastructure needs in the state, and this is going to compete with those for that. That's going to be a real challenge, I think, for the state, if this ends up being implemented by voters."
The cost of the measure is just one reason Hobbs said she opposes it.
"(Proposition 314) will hurt Arizona businesses, send jobs out of state, make it more difficult for law enforcement to do their jobs, and bust the state’s budget," Hobbs said in a statement in June. "It will not secure our border. Despite strong opposition from business leaders, border law enforcement, and bipartisan local leaders throughout the state, extremists in the legislature have chosen to prioritize their political agendas over finding real solutions."
More arguments for and against Prop. 314 can be found here and here.
The entire text of Prop. 314 can be seen below.
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