The Arizona Supreme Court ruled earlier this week to clear the way for a Republican-led bill to make illegal border crossing a state crime to appear on the November ballot.
The bill, known as Proposition 314, would make it a crime for migrants to cross into the Grand Canyon State from Mexico unless they go through a legitimate port of entry. If passed, the proposition would also allow law enforcement to arrest and deport those who break the law.
The proposal would also make selling fentanyl resulting in death a felony punishable by up to 10 years in prison, and could require some government agencies to use a federal database to verify foreigners’ benefit eligibility.
Latino advocacy groups argued that the bill violated a constitutional provision limiting ballots to one topic, but Arizona Supreme Court Chief Justice Anne A. Scott Timmer dismissed the argument, finding that the bill met the single-topic rule.
Opponents of the bill argue that if approved in November it would lead to widespread racial profiling and impose additional costs on local law enforcement, while supporters say the bill would curb illegal immigration in border states, as they see the federal government as failing to stop the influx of illegal immigrants at the southern border.
Proposition 314 was introduced in June by the Republican-led Arizona House of Representatives to get around Gov. Katie Hobbs, a Democrat, who vetoed a similar bill earlier this year. If Arizona voters approve the bill on Nov. 5, Hobbs cannot veto it.
The proposal is similar to a new Texas immigration law that makes it a state crime to enter the country anywhere other than through a port of entry. The new law, called SB 4, would allow state police to arrest people who illegally cross into Texas from Mexico.
A Texas law that would have imposed up to six months in prison for violators was briefly enacted but is currently on hold pending challenge.
The Associated Press contributed to this report.
