Arizona voters to decide whether to make border crossing by noncitizens a state crime

Arizona’s GOP-controlled Legislature on Tuesday approved a proposal to ask voters to weigh in on a ballot measure this fall to make it a state crime for noncitizens to enter the state through Mexico at any location other than a port. input.

Hours earlier, President Biden revealed plans to restrict the number of migrants requesting asylum in US-Mexico Border.

“This action will help gain control of our border and restore order in the process,” Biden said.

The Arizona measure, approved by the state House 31-29, would allow state and local police to arrest people who cross the border without authorization. State judges would also have the power to order people convicted of unauthorized border crossings to return to their home countries.

The state House voted along party lines, with all Republicans voting for the proposal and all Democrats voting against it. The measure bypasses Democratic Gov. Katie Hobbs, who vetoed a similar measure in early March and criticized the effort to bring the issue to voters.

House Republicans closed access to the upper chamber gallery before the start of Tuesday’s session, citing security concerns and potential disruptions. The move immediately drew criticism from Democrats, who demanded the gallery be reopened.

“The public gallery should be open to the public. This is the House of the people”, said state representative Analise Ortiz.

Supporters of the bill said it was necessary to ensure security along the state’s southern border and that Arizona voters should have the opportunity to decide the issue themselves.

“We need this bill and we must act on it,” said state Rep. John Gillette, a Republican.

Opponents called the legislation unconstitutional and would lead to racial discrimination, separating children from their parents and incurring several million dollars in additional policing costs that the state cannot afford.

“It’s not a solution. It’s politics in an election year,” said Democratic congresswoman Mariana Sandoval.

The proposal is similar to a Texas law that was suspended by a federal appeals court while being challenged. The Arizona Senate approved the proposal on a 16-13 party-line vote.

Although federal law already prohibits the unauthorized entry of migrants into the U.S., supporters of the measure say it is necessary because the federal government’s efforts to stop people from illegally crossing Arizona’s vast and porous border with Mexico have been insufficient.

Supporters also say the measure focuses only on the state’s border region and — unlike Arizona’s landmark 2010 immigration law — does not target people across the state. But opponents argue the proposal does not contain any geographic limitations on where it can be applied within the state.

The Arizona measure contains other provisions that are not included in the Texas measurement and are not directly related to immigration. That includes making it a felony punishable by up to 10 years in prison for selling fentanyl that leads to a person’s death, and requiring some government agencies to use a federal database to check a noncitizen’s eligibility for benefits.

Under the current proposal, a first-time conviction under the border crossing clause would be a misdemeanor punishable by up to six months in prison. State judges could order people to return to their home countries after ending their incarceration, although courts had the power to dismiss cases if detainees agreed to return home.

The measure would require the state corrections department to take into custody people charged or convicted under the measure if local or county law enforcement agencies do not have enough space to house them. It includes exceptions for people who have been granted lawful presence or asylum status by the federal government.

The Arizona provision allowing the arrest of people crossing the border between ports would not take effect until the Texas law or similar laws in other states take effect for 60 days.