States Join Immigration Enforcement Battle
By Joe Guzzardi
The national frustration over President Biden’s immigration agenda was reflected not only in the presidential election’s results but also in Arizona, outside of the spotlight. Proposition 314, a border security measure that makes it a state crime to enter Arizona from Mexico and outside of a legal port of entry, passed overwhelmingly. The Associated Press called the race Wednesday morning after the early returns Tuesday night showed a strong advantage for a yes vote on the measure, officially known as the “Immigration and Border Law Enforcement Measure.” Prop 314 led 62.7%-37.3% with a more than two million votes reported, according to the Arizona Secretary of State’s Office results page.
Opponents have compared Prop 314 to SB 1070, Arizona’s “Support Our Law Enforcement and Safe Neighborhoods Act,” which passed in 2010 and was partially struck down by the Supreme Court of the United States. Only four of SB 1070’s provisions went before SCOTUS, and the court left one of those intact, Section 2 (B) which requires Arizona law enforcement to make an attempt, when feasible, to determine a person’s immigration status during a “lawful stop, detention, or arrest” if there is a reasonable suspicion “that the person is an alien and is unlawfully present in the United States.” Lawful stops would include, among other crimes, traffic violations, home invasions or drug sales. Prop 314 has similar restrictions. Before law enforcement personnel could begin the removal process, it would have to capture on video and identify the illegal immigrant crossing or articulate based on their professional experience that the suspected alien dressed in camouflage or was part of a large group packed into a van, or other actions consistent with unlawful entry. The proposal covers more than border crossing requirements: also included are Increase penalties for fentanyl sales that results in death, a requirement that legal immigration status be confirmed before welfare benefits are granted, and that legal employment status be confirmed through E-Verify. Arizona judges could, after reviewing the evidence presented to them, issue deportation orders to any illegal alien who refuses to leave voluntarily.
Although voters approved Prop 314, the border-crossing provisions would not necessarily immediately become law. The text says that Prop 314 cannot be enforced until Texas’ SB 4 is approved. Other states have taken action similar to Texas’— Iowa’s Senate File 2340, signed by Governor Kim Reynolds, and Oklahoma’s House Bill 4156, signed by Governor Gov. Kevin Stitt. A federal court is challenging the Texas proposal, a process which could take years. The good news is that, after Arizona completes its November 25 state certification, the added penalties for fentanyl-related deaths, and identity misrepresentation, become law.
Even though Prop 314 may be years away from becoming law, pro-immigration advocacy groups and the discredited ACLU are taking steps to block it. The ACLU made the familiar claims that it would “break families apart, exacerbate racial profiling, and increase criminalization of immigrants and communities of color.”
Residents in states that have seen their schools, hospitals and police forces adversely affected by the entry of millions of illegal immigrants are imploring their local governments to assist the feds in restoring a rational immigration system. Nationwide, Immigration and Customs Enforcement, Homeland Security Investigations and Enforcement Removal Operations have about 35, 000 agents. Stacked up against ten million or more illegal aliens, the odds against meaningful enforcement are unbelievably bad indeed. The enforcement agencies need the help state governments can provide.
Former Texas U.S. Representative Barbara Jordan and keynote speaker at the 1976 Democratic National Convention gave the best guideline for immigration policy: “those who should get in, get in; those who should be kept out, are kept out; and those who should not be here will be required to leave.”
Joe Guzzardi is an Institute for Sound Public Policy analyst. Contact him at jguzzardi@ifspp.org
States Join Immigration Enforcement Battle
