Arizona Border Initiative Faces Legal Challenge Before State Supreme Court

A group of migrants walk to a van as hundreds of migrants gather along the border Tuesday, Dec. 5, 2023, in Lukeville, Ariz. Immigrant advocacy groups this week appealed a judge's ruling to all

The battle over a proposed border initiative in Arizona continues as immigrant advocates have filed notice to the state Supreme Court to appeal a judge's ruling. The advocates argue that the initiative, which is set to appear on the Nov. 5 ballot, violates the single-subject provision as it addresses multiple unrelated provisions.

The proposed initiative, supported by the GOP-controlled Legislature, seeks to allow local law enforcement to arrest migrants crossing illegally from Mexico into Arizona between ports of entry. Additionally, the measure would grant state judges the authority to order individuals convicted of this offense to return to their home countries.

Opponents of the initiative, including Democratic Gov. Katie Hobbs, argue that it could lead to racial profiling and impose significant financial burdens on Arizona cities, counties, and the state. They also criticize the measure for including provisions unrelated to border security, such as making it a felony to sell fentanyl resulting in a person's death and requiring government agencies to use a federal database to verify noncitizens' eligibility for benefits.

Proposed initiative supported by GOP-controlled Legislature aims to enhance border security.

Immigrant advocates appeal Arizona border initiative to state Supreme Court.

Opponents, including Gov. Katie Hobbs, criticize initiative for potential racial profiling and financial burdens.

Supporters of the initiative maintain that it is crucial for ensuring border security and believe that Arizona voters should have the opportunity to decide on the issue. The proposal is seen as a way to draw attention to border security concerns, particularly in light of President Joe Biden's recent plans to restrict asylum seekers at the U.S.-Mexico border.

Notably, this is not the first time Arizona lawmakers have attempted to address migration through legislation. In 2010, the state Legislature considered a controversial immigration bill that included provisions to criminalize the presence of immigrants. While some sections of the law were upheld by the U.S. Supreme Court, enforcement of other parts was blocked.

As the legal battle over the border initiative continues, Arizona remains a key battleground state in upcoming elections, with the outcome likely to impact the balance of power in both the White House and the U.S. Senate.