What can Arizona do about migrants crossing the southern border in record numbers under the Biden administration?Arizona’s Republican lawmakers claim they have the answer: The Secure the Border Act, which will be on November’s ballot as Proposition 314.Despite the name, experts say the measure wouldn’t really secure Arizona’s border, which has seen far fewer migrant encounters in the past few months. But it would allow state and local enforcement to arrest undocumented border crossers and give those people an option for fast self-deportation. Along with its other features, the measure could be a game-changer in providing the ability for better local control of what has always been a federally controlled international border. Or it might do next to nothing even if voters approve it, depending on the judicial system.Critics, on the other hand, say the plan would lead to civil-rights abuses like the Senate Bill 1070 law of 2010, including racial discrimination in arrests. And even the chief of the state’s prison system has claimed the law would be extremely expensive to enforce.Here’s a rundown of the measure’s provisions and who’s spending money for or against it.What would the measure do?Proposition 314 would make crossing the international border a state crime, allow for state officials to arrest and deport border crossers, enhance penalties when fentanyl sales result in death, discourage undocumented migrants from receiving state benefits and boost verification of employees’ immigration status.Crossing the border somewhere other than an official port of entry would be a Class 1 misdemeanor under state law. For people previously convicted of illegal entry, that charge would rise to a Class 6 felony.Migrants caught under the law would have to stay in jail for an unspecified time. Before conviction, a court could dismiss the charge and order the person to return to the country from which they entered the United States. Anyone who then refuses to comply with the order to leave the country would be charged with a Class 4 felony.What would the criteria be for arresting migrants?Arizona law officers could detain someone they personally see cross the border or pursue an arrest if they have video of the violation. The law also allows a constitutionally valid probable cause for an arrest, same as other crimes in Arizona.But that means arrests would be allowed anywhere in the state, even 400 miles away at Arizona’s northern border. Critics claim the law’s broad provisions would be abused.Could police begin enforcing the law if voters approve it?No. The measure states that even if voters approve it, the new law regarding local border enforcement cannot take effect until 60 consecutive days after the court system upholds Texas’ SB 4 bill, which has similar provisions, or a similar bill in another state.The Biden administration sued Texas after it tried to enforce the law, and SB 4 remains stalled in the U.S. 5th Circuit Court of Appeals.Can other parts of the law take effect?Yes. If passed, the law would immediately enhance penalties for adults who sell fentanyl that results in death, adding five years in prison upon conviction.It would also make noncitizens guilty of a state class 6 felony if they use fraudulent means to obtain benefits for which they’re not eligible. Obtaining benefits illegally is already a federal crime.How did Proposition 314 get on the ballot?Republicans, who have a one-seat majority in the state House and Senate, first tried to enact the measure as a piece of legislation. Calling it the Border Invasion Act, they passed the bill on party lines and sent it to Democratic Gov. Katie Hobbs, who vetoed it.Republican lawmakers then bypassed Hobbs by voting on party lines to put it on the ballot. Now called the Secure the Border Act, the measure is one of 11 legislative referrals on the ballot this year.Who supports and opposes the measure?A diverse group of critics wrote arguments against Proposition 314 in the secretary of state’s publicity pamphlet on ballot measures. Members of the Arizona Catholic Conference, Chicanos Por La Causa, the Sierra Club, Arizona Education Association and other organizations warned of the potential harm to immigrant families, the lack of ability to curb fentanyl smuggling, its costs and other perceived problems with the bill.Case Action Fund, now called Worker Power, a 501(c)(4) organization focused on voter engagement and social justice issues, has contributed most of the $145,000-plus being used in independent expenditure campaigns against the measure, state records show. Brendan Walsh, the executive director, said the group has a variety of small and large donors.The conservative Arizona Free Enterprise Club has spent about $17,000 in support of the measure, records show. A group called Arizona Taxpayers for a Secure Border has also collected and spent about $210,000 to support it. Much of that group’s funding has come from out of state, including $50,000 from Col. Rob Maness of Lousiana’s Gatorpac and $70,000 from John Bailey of Little Rock, Ark., who has worked to get rid of voting machines. …
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