Arizona voters approved a measure enabling state law enforcement officials to arrest migrants suspected of having crossed the border unlawfully, although the legal future of such initiative is uncertain.
GOP lawmakers who support the measure claimed before the voting that it is necessary to secure the border, saying the Joe Biden administration's faulty handling of immigration has led to a surge in unauthorized crossings.
This happens despite preliminary figures from U.S. Customs and Border Protection signaling a continued decrease in unlawful border crossings over the past months, reaching the lowest monthly figure of President Biden's administration in September.
Critics of the proposition, however, point to humanitarian and financial concerns. Immigration activists say it would lead to racial profiling, citing past incidents under former Maricopa County Sheriff Joe Arpaio — a polarizing figure in immigration enforcement who served 24 years as sheriff before losing reelection in 2016 to a Democratic opponent.
The law, which focuses on migrants crossing the border between ports of entry, also empowers state judges to order deportations.
However, prosecutions could only proceed if similar laws are sustained elsewhere, like Texas' Senate Bill 4 (SB4), which is currently under federal review. Additional provisions include stricter penalties for fentanyl-related deaths and criminalizing false documentation by noncitizens, such provisions do not depend on SB4's fate.
Arizona has a history of state-led immigration laws, including the 2005 immigrant smuggling ban and the 2010 "Show Me Your Papers" law.
A recent survey conducted by ASU's Center for Latino American Politics and Hispanic Research Center revealed that a majority of Latinos support Proposition 314. Survey participants also favored Vice President Kamala Harris, suggesting Arizona voters would favor a tougher border policy at local and state levels regardless of which candidate reaches the White House.
The border "is a real concern for Latinos living in border towns," said Stella Rouse, one of the study's authors to AZ Central. "The border is "a primary issue for Arizona voters and, particularly, Arizona Latino voters." Voter polls confirm border security is, in fact, one of the most important issues for Arizona Latino registered voters, only surpassed by income improvements and job creation.
Since the implementation of the executive order making it more difficult for migrants to seek asylum and remain in the country in June, encounters along the U.S. southern border have dropped drastically. The figure has dropped by more than 70% compared to the 249,741 encounters in December 2023.
Arizona is far from the only state where Republicans have attempted to pass such measures. Texas, Iowa and Oklahoma have also tried, but their efforts have been consistently blocked by federal courts.
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