A Republican-sponsored bill in Arizona seeks to stem waves of illegal immigrants at the southern border with Mexico in defiance of the Biden administration’s lax enforcement of immigration laws.
All 31 Republican members of the Arizona House of Representatives on Feb. 13 came out in support of HB 2748, sponsored by state Rep. Joseph Chaplik.
“Under the Biden administration, the consistent refusal to enforce our nation’s federal immigration laws has led to an unprecedented surge of illegal immigration across our southern border, constituting a historic invasion,” Mr. Chaplik said in a statement.
“Despite the legislature’s repeated calls for action, President Biden and Congress have failed to address this crisis. This dereliction of duty has allowed open-border policies to prevail, undermining the rule of law.”
In August 2023, Republicans urged Arizona Gov. Katie Hobbs and Attorney General Kris Mayes, both Democrats, to hold President Joe Biden accountable for his border policies in court, but without success.
Arizona border sheriffs recently testified before a joint legislative session about the severity of the open border crisis.
Arizona’s 372.5-mile southern border is part of the Tucson Sector, which has seen some of the most significant numbers of illegal border crossings since 2023.
In Cochise County, in the southeastern corner of Arizona, the sheriff’s office investigated 601 border-related crimes, according to law enforcement.
“In one case mentioned to legislators, a teenage driver, attempting to evade border law enforcement, reached speeds of 140 miles per hour before crashing while transporting four migrants,” Mr. Chaplik’s statement continued.
“Legislators were further alarmed to learn that nearly a quarter of all fentanyl seized in the U.S. in 2022 was confiscated in or within 20 miles of Cochise County.”
Recent Data From the Border
In fiscal year 2023, Border Patrol encounters at the southwest border increased by over 40 percent compared to fiscal year 2021.U.S. Customs and Border Protection (CBP) data recorded 2.4 million illegal immigrant apprehensions during the fiscal year spanning October 2022 through September 2023. The agency reported another 189,402 encounters along the 5,525-mile northern border with Canada.
Law enforcement intercepted 169 illegal immigrants on the terrorist watch list who tried to cross the southern border in the past year, and 24,000 Chinese nationals have been apprehended, Mr. Chaplik stated.
Provisions of HB 2748 would establish a Class 1 misdemeanor for illegal immigrants apprehended at Arizona’s southern border, “except through legal ports of entry,” immigrants previously deported or excluded, and those who left while a deportation or exclusion order was pending.
Subsequent offenses would be elevated to a Class 6 felony.
Illegal immigrants would face a Class 3 felony if they were removed due to multiple drug misdemeanors, federal inadmissibility, terrorism connections, or removal after committing a nonviolent crime, and a Class 2 felony if they were removed for committing a felony crime.
HB 2748 provides for an “order of return for aliens violating the law, with failure to comply constituting a Class 2 felony.” The bill grants civil immunity and federal indemnification for local and state government officials, employees, and contractors enforcing the law.
“The consequences are dire,” Mr. Chaplik wrote. “An uncontrolled border presents both security and humanitarian crises. The surge in violence, coupled with the rampant smuggling of illegal drugs, weapons, and human beings, poses an imminent threat to our communities, our state, and the safety of innocent Americans.
“It is imperative that we act swiftly to secure our borders and restore order, safeguarding the integrity of our nation and protecting our citizens. Just as the State of Texas is defending itself, this bill will allow the state of Arizona to defend itself at the border.”
The Arizona bill, which mirrors a similar Texas bill, won approval from the Arizona House Military and Public Safety Committee on Feb. 11.
“Regrettably, Democratic members of the committee unanimously opposed this much-needed, common-sense legislation,” Mr. Chaplik added.
HB 2748 moves forward for consideration and a vote by the Republican-majority state House.
