Arizonans Will Vote on Whether to Make it a State Crime to Enter the State Illegally

Arizonans will soon cast their ballots on a proposition that would make it a state crime for migrants to enter the state from any location other than ports of entry. The proposal is expected to expand the power of local officials to enforce federal immigration law.

The measure, officially called Proposition 314, would also give local authorities the right to question, arrest, detain and prosecute anyone suspected of having crossed the Mexico-Arizona border between legal ports of entry.

If the proposition is passed, crossing the border illegally 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 U.S. Those who refuse to comply with the order would be charged with a Class 4 felony, The Arizona Republic reports.

The proposal is causing heated debates among Arizona voters and lawmakers, who not only live in a border state, but also a battleground state that could determine the control of the White House and the Senate ahead of November.

Proponents of the measure say the state needs to act after earlier this year it became among the busiest places in the country for border patrol encounters along the Mexico border, according to NPR.

"Arizona wants to join Texas by stepping in and assisting the federal government in enforcing the immigration law," said state Sen. John Kavanagh, a Republican and one of the authors of the measure.

Supporters have also spent big cash in promoting the measure. The conservative group, Arizona Free Enterprise Club has spent about $17,000 in support of the measure, The Arizona Republic reports. Another group called Arizona Taxpayers for a Secure Border has also collected and spent about $210,000 to support it.

Critics of the proposition, however, point to humanitarian and financial concerns if it were to pass.

"We live in multigenerational households. We also live in mixed status households. And so when something happens to one family member who may or may not have documents, it happens to the entire family," Monica Villalobos, president of the Arizona Hispanic Chamber said speaking outside the state capitol. She warns that even if the law doesn't immediately go into effect, it could have an adverse effect on Arizona's reputation and residents' willingness to live there.

"That impacts the workforce. That impacts our relationship with law enforcement. And ultimately, it impacts our ability to grow our economy," she said.

Immigration advocates also worry the measure will bring Arizona back to the days of the so-called "show me your papers." That measure, also known as SB 1070 authorized local law enforcement to require anyone suspected of being undocumented to provide proof of authorization— even at a regular traffic stop.

The law was the strictest immigration measure in the country when it passed in 2010, leading to boycotts and economic harm before much of the law was ruled unconstitutional, according to NPR.

The proposed bill comes as Arizona has climbed to the top of the list of busiest regions for border patrol encounters, recording nearly 200,000 apprehensions in just the Tucson sector in the first four months of the year. Since then, border crossings across the southwest have fallen 55% by summer after an executive order by President Biden denied asylum claims for those crossing between ports of entry.