Arizonans Will Vote on Border Security in November

In February, the Arizona legislature approved a bill making it a state crime to cross the border illegally between ports of entry (POEs). It was promptly vetoed by Gov. Katie Hobbs. Despite the fact that it was modeled after Texas legislation that deterred illegal entries even before it was implemented, Governor Hobbs said it would not secure the border. Instead, she claimed, “[This legislation] will be harmful for communities and businesses in our state, and burdensome for law enforcement personnel and the state judicial system.”

In early June, the Arizona legislature acted again. This time, however, legislators took the same legislation and decided to put the matter into the hands of the people they work for: the voters. The House Concurrent Resolution (HCR) 2060, also known as the “Secure the Border Act,” places legislation on the November ballot where Arizona voters will decide if it becomes law.

If approved by voters, the legislation would:

• Grant state and local law enforcement the authority to arrest illegal aliens;
• Increase the documentation requirements when applying for state benefits; and
• Punish criminals who manufacture and distribute fentanyl.

The strongest provision of the legislation would allow local law enforcement to arrest aliens who illegally cross from Mexico into the U.S. outside of Arizona’s ten official ports of entry. To arrest an alien for illegal entry, the law requires probable cause, which may be satisfied in several ways, such as when law enforcement witnesses, or surveillance technology permits the witnessing of, an illegal entry. Failure to abide by the law would result in jail time.

HCR 2060 also targets the employment of illegal aliens and their eligibility for benefits. While Arizona law already requires all employers to use E-Verify, HCR 2060 provides that it is a misdemeanor for a person to knowingly submit false information or documents to an employer to avoid detection through E-Verify. A subsequent violation is a felony. Other provisions block illegal aliens from accessing a variety of public benefits by requiring eligibility to be checked using the federal Systematic Alien Verification for Entitlements (SAVE) program.

Finally, HCR 2060 targets individuals who manufacture and distribute fentanyl. Fentanyl is responsible for killing some 70,000 Americans each year and virtually all of that lethal drug enters the U.S. across our southern border. Currently, the sale of fentanyl is a class-2 felony in the state. HCR 2060 increases the presumptive minimum and maximum sentences for the sale of fentanyl by five years, meaning, first-time offenders face, at a minimum, eight years of incarceration.

Given the current state of the border, it is understandable that Arizonans are deeply concerned. Recent polls indicate that 71 percent of Arizona voters do not believe that the federal government has operational control of the border. The crisis along Arizona’s border with Mexico has grown worse in recent months as state efforts by Texas to discourage illegal aliens from crossing into that state have shifted more of the traffic to Arizona and California. Arizona voters will have the chance to decide whether their state will take action on its own when they go to the polls in November.