A proposition that could make crossing the Arizona-Mexico border illegally a state crime has been approved, according to Associated Press projections.
This could eventually allow local and state law enforcement to arrest those suspected of crossing the border illegally and allow local judges to issue deportation orders.
Proposition 314 also stiffens penalties for some fentanyl sale cases, criminalizes providing false documents for benefits/jobs, and requires state and local agencies to check someone's legal status before giving them public benefits.
It was created by Republican lawmakers with the help of the Arizona Sheriff’s Association and is based on Texas’ SB4, which is currently held up in court.
Supporters say the law is necessary to secure the border, but they believe the federal government has failed to do so amid record migrant encounters last year and large quantities of drugs like fentanyl being found during smuggling attempts at ports of entry.
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Although Proposition 314 was approved, the border-crossing provisions would not necessarily go into law. The text says that it cannot be enforced until SB4 or any other similar law in another state has been in effect for at least 60 days. Since SB4 is currently being challenged in court, this part of Prop. 314 would have to wait until a decision is made to take effect, which could take years.
