Arizona Governor Katie Hobbs Rejects Texas’ Strategy; Vetoes Enforcement Bill

FAIR Take | March 2024

Governor Katie Hobbs (D-Ariz.) issued her first veto of the 2024 session on March 4 when she rejected the Arizona Border Invasion Act (SB 1231). The bill, sponsored by Representative Janae Shamp (R-29), would have created a state crime of illegal immigration. Despite her repeated criticism of the Biden administration’s handling of the border crisis, Governor Hobbs’ veto of SB 1231 showed she is not willing to seriously challenge its policies.

The Arizona Border Invasion Act is substantially similar to the legislation passed last year by Texas, S.B. 4. It would prohibit the illegal entry of any alien from a foreign nation into Arizona, except at an official port of entry. Aliens charged with illegal entry have several potential defenses. These include: that the alien was granted lawful presence, asylum, or DACA by the federal government, or that the alien’s conduct did not violate the federal statute prohibiting illegal entry (8 USC 1325). Under the proposed law, the first offense is classified as a misdemeanor; a second or subsequent offense is a felony. Upon conviction, a judge must order the alien to return to the country from which s/he entered and order the alien transported to an official port of entry upon completion of the term of imprisonment. Prior to conviction and in lieu of continued prosecution, a judge may issue the order of removal so long as probable cause exists and the alien agrees to it.

In her veto explanation, Governor Hobbs questioned the constitutionality of the bill, stating, “This bill does not secure our border, will be harmful for communities and businesses in our state, and burdensome for law enforcement personnel and the state judicial system. Further, this bill presents significant constitutional concerns and would be certain to mire the state in costly and protracted litigation.”

Representative Shamp criticized Governor Hobbs’ decision in a press release, stating, “The legislature did its job to protect our citizens, but Governor Hobbs failed to do hers. Vetoing the Arizona Border Invasion Act is a prime example of the chaos Hobbs is unleashing in our state while perpetuating this open border crisis as Biden’s accomplice.” She called the veto a “slap in the face” to law enforcement, the victims of border-related crimes, and the community as a whole.

Arizona Senate Republicans also condemned their governor’s decision, some even attending an unrelated press conference to remind her that the border crisis persists. At the event, the senators held signs stating, “Biden’s Border Crisis is destroying America,” and “Arizonans Deserve Safer Communities.”

Despite the pushback, Governor Hobbs correctly identified one obstacle to the bill’s success. Since the legislation is substantially similar to Texas’s SB 4, if enacted, President Biden’s Department of Justice would no doubt file a lawsuit against it, claiming that it too violates the Supremacy Clause. Last week, the Supreme Court issued a temporary stay on the implementation of SB 4 until at least March 13th.

Regardless of the possible court challenges the Arizona Border Invasion Act would have faced, it would have served as a deterrent to illegal immigration along the Arizona-Mexico border. Texas’s passage of SB 4 coupled with placement of barriers and razor wire at the border dramatically reduced the number of illegal aliens entering into the state, while the crossings into Arizona have substantially increased.

The Arizona legislature saw that Texas’s efforts are paying dividends and sought to implement a similar deterrent for The Grand Canyon State. Unfortunately for Arizona, Governor Hobbs, unlike Texas Governor Greg Abbott, is not willing to act. With the criminal cartels that smuggle illegal aliens across the border inevitably taking the path of least resistance, it is unsurprising that the number of border crossings into Arizona has skyrocketed since the state is more hospitable towards illegal immigration.