Judge greenlights controversial Proposition 314 for ballot, and here's why he did
Phoenix, Arizona: State lawmakers can ask voters to approve a comprehensive border security measure, ruled Maricopa County Superior Court Judge Scott Minder. This measure includes penalties for illegal entry and selling fentanyl. He stated that combining these provisions into a single ballot measure is legal, according to the Arizona Capitol Times.
Judge Minder dismissed claims by immigrant rights groups and Living United for Change in Arizona that the measure violates the single-subject rule, which requires all legislation to focus on one subject. The rule is intended to prevent "logrolling", where unrelated issues are bundled together, forcing voters to accept the entire package.
The judge explained that four of the provisions address legal presence, employment verification, access to benefits, and deportation orders for those who enter the country illegally. These are all related to border security. Additionally, the fifth provision, which imposes harsher sentences for fentanyl sellers if their actions result in death, also fits within this context due to the link between fentanyl trafficking and border security.
Alejandra Gomez, executive director of LUCHA, announced plans to appeal, arguing that Proposition 314 would lead to over-policing and discrimination. The measure, numbered by the Secretary of State’s Office, is significant for allowing police to arrest those entering Arizona outside official ports of entry. A previous similar measure was vetoed by Gov. Katie Hobbs.
Republican lawmakers combined various proposals into HCR 2060, a ballot measure designed to bypass the governor. This includes making it a crime to use forged documents to seek public benefits and circumvent employment verification requirements. Critics, including many Democrats, fear the measure could lead to racial profiling similar to Arizona’s controversial SB 1070.
Judge Minder noted that while courts have struck down other broad ballot measures, the current one, focused on "responses to harms related to an unsecured border", is sufficiently specific. The inclusion of fentanyl provisions meets legal standards, despite affecting US citizens, as Arizona courts allow acts to impact different groups without violating the single-subject rule.
What is SB 1070?
SB 1070, officially known as the Support Our Law Enforcement and Safe Neighborhoods Act, is a controversial Arizona state law enacted in 2010. It is one of the strictest anti-illegal immigration measures in recent US history.
Key provisions of SB 1070 include
Requirement for Law Enforcement to Check Immigration Status: The law requires police officers to determine the immigration status of someone arrested or detained when there is "reasonable suspicion" that they are not in the US legally.
Penalization for Not Carrying Immigration Documents: It makes it a state crime for immigrants to be in Arizona without carrying registration documents required by federal law.
Crackdown on Illegal Employment: The law penalizes individuals for hiring day laborers off the street and makes it illegal for undocumented workers to seek employment.
Empowerment of Law Enforcement: The law authorizes police to arrest without a warrant any individual they believe has committed a public offense that makes them removable from the US.
The law faced several legal battles, and in 2012, the US Supreme Court struck down key provisions of SB 1070 but upheld the requirement for police to check immigration status under certain circumstances.
Illegal migration: Arizona's divisive issue
Illegal migration is a serious and contentious issue in Arizona and particularly in the Tucson sector. In the first two months of fiscal year 2024, the Tucson sector reported 119,864 encounters, making it the busiest sector along the US-Mexico border during that period.
Overall, in January 2024, the US Border Patrol recorded 124,220 encounters between ports of entry along the southwest border, which marked a 50% decrease from the previous month.
Nationwide, the number of encounters at the US-Mexico border has reached record levels in recent years. For instance, in fiscal year 2021, there were over 1.6 million encounters, the highest on record. A significant proportion of these encounters involved repeat crossers, which inflates the total number of encounters relative to the number of unique individuals