By Shari Rendall
FAIR
With 63 percent of the vote, Arizona voters last week approved Measure 314, which makes it a state crime to cross into Arizona from Mexico outside of a port of entry. The Arizona legislature approved Measure 314 to be on the November ballot after Governor Katie Hobbs vetoed a similar bill it had passed earlier in the year.
Like Texas’ SB 4, Measure 314 allows local law enforcement to arrest aliens who illegally cross from Mexico into the U.S. outside of Arizona’s official ports of entry along the southern border. To arrest an alien for illegal entry, the law requires probable cause, which may be satisfied in several ways, including law enforcement witnessing the illegal entry, either in person or through surveillance technology.
Also like the Texas law, Measure 314 requires state courts to issue aliens convicted of illegal entry an order to return to a foreign country. The order to return must also authorize state and local law enforcement to transport the alien to a port of entry or into federal custody.
In addition to making illegal entry into Arizona a crime, Measure 314 targets the employment of illegal aliens and their eligibility for benefits. While Arizona law already requires all employers to use E-Verify, Measure 314 makes it a crime to submit false information to an employer regarding the person’s authorization to work in the United States. It also makes it a crime to apply for a public benefit by submitting a false document.
Finally, Measure 314 introduces a new felony offense for individuals who manufacture or distribute fentanyl, holding them criminally liable if the sale of fentanyl results in another person’s death.
Even though the measure passed overwhelmingly, not all of its provisions will go into effect immediately. In particular, the provisions which make it a state crime to cross into Arizona from Mexico will not take effect until 60 days after a similar law goes into effect in any other state. This was intended to allow for the litigation of other such laws in the courts before Arizona’s became effective. Besides Texas, Iowa, Oklahoma, and Louisiana have all passed similar legislation.
Open-borders advocates are already vowing to fight Measure 314, likening it to Arizona’s SB 1070. A statement issued by the Arizona ACLU said it is committed to fighting for the basic rights and dignity of people in the state, and the organization’s response to Proposition 314 will be no exception. Florence Immigrant and Refugee Rights Project called Measure 314 “clearly unconstitutional” and also promised to fight it in the courts declaring, “We stand with our communities against this racist legislation.”
Despite opposition from advocacy groups, Arizona voters have spoken. The state now joins a growing number who are taking action to address illegal immigration.
