Arizona Proposal to Allow Local Police to Make Arrests Near Border to Appear on Ballot

Illegal immigrants line up at a remote U.S. Border Patrol processing center after crossing the U.S.–Mexico border, in Lukeville, Ariz., on Dec. 7, 2023. John Moore/Getty Images

A proposal in Arizona that would make it a crime for migrants to cross the southern border illegally and allow local police to make arrests near the state’s border with Mexico will appear on the Nov. 5 ballot, the state’s Supreme Court ruled on Aug. 14.

In issuing its ruling, the state’s highest court rejected a challenge from Latino groups who argued the proposal—known as Proposition 314—violates a rule in the state constitution limiting ballot questions to a single subject.

The court said it agreed with a previous lower court ruling on the matter that rejected that argument.

In an order by Chief Justice Ann A. Scott Timmer, the state’s highest court concluded the measure satisfies the single-subject rule.

“The Court unanimously agrees with the superior court that Appellants have not met their burden to overcome the strong presumption that HCR 2060 is constitutional,” the court wrote.

The Arizona House of Representatives approved Proposition 314, also known as HCR 2060, in June.

If endorsed by voters, the proposition would make it a state crime to cross the Arizona–Mexico border from anywhere outside of an official port of entry and authorize Arizona state and local police to arrest those who cross the border illegally.

The proposition would also allow state judges to order the deportation of those who violate the proposed law, returning them to their countries of origin.

Additionally, it would make it a felony punishable by up to 10 years in prison for knowingly selling fentanyl that leads to a person’s death, and require some government agencies to use a federal database to verify whether a noncitizen is eligible to receive benefits.

In their lawsuit challenging the proposition, opponents, including Living United for Change in Arizona, argued the proposal unconstitutionally encompassed more than a single subject, including immigration enforcement, the fentanyl crisis, and the regulation of public benefits.

Allowing the measure to be on the ballot would effectively lead to the state’s single-subject requirement being meaningless, they argued.

However, the state Supreme Court in its order said it is “not necessary that the components have a free-standing relationship to each other.”

Opponents Condemn Court Ruling

“HCR 2060’s subject is ’responses to harms relating to an unsecured border,‘ and all components of the proposed law are ’reasonably related’ to that subject,” the court wrote.

“Having rejected Appellants’ arguments, HCR 2060 will appear on the ballot,” it concluded.

Republicans have said Proposition 314 is needed to ensure existing laws are enforced, with lawmakers repeatedly condemning the federal government for failing to do enough to stem illegal border crossings.

Democrats have countered that the measure is unconstitutional, discriminatory, and could lead to racial profiling.

In passing Proposition 314 in June, the Arizona House of Representatives bypassed Gov. Katie Hobbs, who had vetoed a similar measure in early March.

Living United for Change in Arizona condemned the ruling in a statement and said the Arizona Supreme Court has “once again revealed its true colors as a GOP-packed court.”

The group’s executive director, Alejandra Gomez, said Prop 314 is “more than just a bad piece of legislation,” describing it as “a direct assault on Arizona’s communities.”

Gomez said that Prop 314 is designed to create a separate immigration system to facilitate mass deportations.

“If Prop 314 passes, every Arizonan, regardless of where they live, will be subjected to intense scrutiny, invasive stop-and-frisk tactics, and an unprecedented level of law enforcement investigation.”

There were 83,536 illegal immigration encounters between ports of entry along the southwest border in June, according to data released by the U.S. Customs and Border Protection (CBP).

According to the agency, that marks the lowest monthly total for the Border Patrol along the southwest border since January 2021.

Aldgra Fredly and the Associated Press contributed to this report.