Measure making illegal border crossing a state crime will go to the ballot
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The U.S.-Mexico border fence in Lukeville. Photo: Eric Thayer/Bloomberg via Getty Images
The Arizona House of Representatives voted to send a border security and anti-illegal immigration measure to the November ballot, where voters will have the final say.
Why it matters: The Secure the Border Act will put the contentious debate over illegal immigration at the forefront of an election in which the issue is already expected to play a prominent role.
Driving the news: On a party-line vote Tuesday, House Republicans took the final step in referring the measure to the ballot. The act would:
- Make it a state crime to cross into Arizona from Mexico anywhere except an official port of entry.
- Require state and local governments to use federal systems to determine whether noncitizens are eligible to apply for public benefits. It also would make using false documents to apply for benefits a class 6 felony.
- Impose stiff prison sentences for selling fentanyl that causes someone's death.
Zoom in: The provision making illegal entry a state crime is modeled on a Texas law that's being challenged in the courts.
- If voters approve the measure, that law wouldn't go into effect unless the Texas version was upheld.
What they're saying: Republican lawmakers said the state needs to take action because of federal inaction.
- Some cited fentanyl smuggling, sex and human trafficking, and crimes committed by people who are in the country illegally as reasons for the measure.
- While Democrats warned how much it would cost to enforce, Republicans argued that illegal immigration costs Arizona billions per year.
- "I am an immigrant. This is not anti-immigrant. This is anti-lawlessness. It's about securing our border because the federal government has failed to do its job," Speaker Ben Toma (R-Glendale) said.
The other side: Democrats countered that the plan would increase racial profiling and create fear in Latino communities, particularly among families with mixed immigration statuses.
- Rep. Lydia Hernandez (D-Phoenix) told her colleagues, "It impacts the livelihood and safety of our immigrant families."
- They also argued that it would be ineffective in combating the fentanyl crisis.
Catch up quick: Democratic Gov. Katie Hobbs vetoed legislation earlier this year that would've created a Texas-style law criminalizing illegal immigration.
- The governor has no veto power over legislative ballot referrals.
Between the lines: Toma closed the visitors' gallery in the House due to disruptions in the Senate gallery last month during a vote on the Secure the Border Act, a move that numerous Democrats criticized.
Friction point: Yuma Mayor Douglas Nicholls, whose border-area city often bears the brunt of illegal immigration, told Axios he wants local government to have the option of enforcing federal immigration laws but doesn't want the kind of mandate in the Secure the Border Act, noting it includes no funding for enforcement.