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Arizona Senate advances measure allowing police to arrest illegal migrants in state

Arizona senators narrowly approved a ballot measure on Wednesday that would give local law enforcement the power to arrest people who illegally cross the U.S.-Mexico border into the state.

The proposition, which passed along party lines on a 16-13 vote, would make it a state crime for illegal immigrants to enter Arizona from Mexico anywhere other than a port of entry and would allow local and state police to arrest illegal immigrants.

It also allows state judges to deport convicted people to their countries of origin after they serve their sentences, which can be up to six months for a first offense, and judges can also dismiss pending charges if the person agrees to return to their home country.

Illegal immigrant flees to US through gap in Arizona border wall

Arizona senators passed a bill Wednesday that would give local and state police the power to arrest people who enter the state illegally from the Mexican border. (AP Photo/Ross D. Franklin)

Entering the United States illegally is already illegal at the federal level, but supporters of the bill argued that because the federal government has not stopped the increase in people crossing into the country, Arizona should be able to address the crime itself.

Arizona Senate Republicans said, “Democratic Sens. Katie Hobbs and Joe Biden are failing Arizona. We share your concerns. We will have the opportunity to take security matters into our own hands,” Arizona Senate Republicans wrote on X. Wednesday account.

Advocates also said some illegal immigrants entering Arizona are committing identity theft and taking advantage of public benefits.

Opponents believe the proposal, if passed, would hurt Arizona businesses, burden law enforcement and lead to racial profiling of illegal immigrants and U.S. citizens.

“HCR2060 will kill jobs, make it harder for law enforcement to keep us safe, and vilify communities of color,” Gov. Katie Hobbs, a Democrat, said in a statement earlier this month. “We will continue to work tirelessly to ensure a safe and humane environment at the border to solve the crisis, but this referral is not the answer.”

katie hobbs

Arizona Governor Katie Hobbs has voiced opposition to the proposal, vetoing a similar border protection measure in March. (Rebecca Noble/Getty Images)

Republicans in battleground states are trying to get around Democratic governors and put Texas-style border bills in front of voters

A slightly different version of the proposal stalled last week after Republican Sen. Ken Bennet expressed concerns about a provision aimed at recipients of the Obama-era Deferred Action for Childhood Arrivals (DACA) program, which protects thousands of people who arrived in the U.S. as children from deportation.

An earlier version of the proposal would have made DACA recipients subject to prosecution if their protection from deportation was later revoked or deemed illegal.

That provision was removed from the bill approved Wednesday, and language was added to clarify that the law does not apply to illegal immigrants in Arizona before it goes into effect.

“I know it’s not perfect, but it’s a huge improvement from where it was a week ago,” Bennett said.

Immigrants queuing up

If passed by the state Legislature, Arizona voters will have the opportunity to vote on a measure in November aimed at strengthening the security of the state’s border with Mexico. (John Moore/Getty Images)

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The bill now moves forward in the Republican-controlled House of Representatives.

If approved by the full state Legislature, it would be decided by Arizona voters on the Nov. 5 ballot, bypassing Hobbs’ veto of a similar proposal in March.

The Associated Press contributed to this report.

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