Border Measure Headed to Ballot in Arizona, in Boost for Trump

Arizonans will see a sweeping measure on their November ballots that would address illegal border crossings, migrants using false documentation and fentanyl trafficking, despite concerns from immigration advocates and a veto from the governor.

Opponents argued that Proposition 314 combined issues that were unrelated – arresting those in the U.S. without legal status and the lethal drug trade – and could harm the estimated 225,000 undocumented migrants in the state.

On Tuesday, the Arizona Supreme Court ruled the bill could appear on the ballot as is.

“Prop 314 is more than just a bad piece of legislation; it is a direct assault on Arizona’s communities,” Alejandra Gomez, executive director of Living United for Change in Arizona (LUCHA) said.

“Prop 314 is designed to create a separate immigration system that will facilitate the mass deportations outlined in Trump’s Project 2025 agenda.”

Law enforcement could arrest illegal immigrants

The bill, which will appear alongside at least 13 other pieces of legislation — including one expanding abortion access — would create four new crimes under state law.

Under Prop. 314, anyone who enters Arizona from Mexico other than through an official port of entry could be arrested by state or local law enforcement.

“The motivations behind this proposition are clear: to instill fear, promote racial profiling and enable the unchecked over-policing of Arizona’s neighborhoods,” Gomez continued.

“If Prop 314 passes, every Arizonan, regardless of where they live, will be subjected to intense scrutiny, invasive stop-and-frisk tactics, and an unprecedented level of law enforcement investigation.”

The measure is similar to attempts seen in Texas, as well as Oklahoma and Iowa, in recent years. All have come up against barriers in the courts, as the federal government has constitutional authority over border security.

That precedent was affirmed in a ruling on a case in Arizona just over a decade ago, but Prop. 314 adds to the list of state legislators trying to overrule it.

“An alien could not be prosecuted for any of these crimes until a similar law in the state of Texas or a similar law in any other state has been in effect for at least 60 consecutive days after Proposition 314 is approved by voters and becomes effective,” the bill states, allowing time to see if the plan is workable elsewhere.

In May, protections for those already living in the state were written into the plans.

Prop. 314 also says that law enforcement would be granted “civil immunity” for any actions taken to stop a migrant attempting to cross the border illegally.

U.S. Customs and Border Protection data shows its officers have encountered around 500,000 people who have crossed the border illegally into Arizona since October 2023.

Alongside the border crossing crimes, Prop. 314 would make it illegal for undocumented migrants to apply to local, state or federal benefits with false documentation. A similar rule would apply to those submitting false documents to the E-Verify system when applying for work.

Getting tougher on fentanyl trafficking

Migrant advocacy groups are worried that the bill will be passed by voters not necessarily because of these measures, but because of new rules on fentanyl distribution also shoehorned into the text.

Under Prop. 314, any adult knowingly selling fentanyl that leads to someone’s death could see an extra five years tacked onto their sentence. The accused would have some defense if the fentanyl was manufactured in the U.S. or legally imported, the bill says.

Arizona Governor Katie Hobbs, a Democrat, previously vetoed Prop. 314 after it passed through the state legislature and was widely supported by Republican representatives.

“Anti-immigrant legislation to score cheap political points has no place in our state,” Gov. Hobbs said in March. “This bill does not secure our border.

“On the contrary, it will be harmful for communities and businesses in our state and a burden on law enforcement personnel.”

Hobbs added that she understood the frustrations with the federal government’s border policies, but that this was not the way forward.

Newsweek reached out to the governor’s office for further comment Wednesday morning.

After Tuesday’s ruling that the bill could go on the ballot as-in, Arizona Senate Republicans posted on X, formerly Twitter, that the move was “great news for the citizens of Arizona”.

“Arizona voters will have the opportunity to take border security into their own hands this November,” the group said.

LUCHA and other groups have vowed to fight the bill and encourage voters to stand against it.

“Prop 314 will cost Arizona taxpayers $314 million a year to implement – money that will be taken away from our schools, from public safety, from our roads and bridges and instead be used to turn our communities into police states,” Viri Hernandez, Strategy Director at Poder in Action, said in a press release.

“This bad piece of public policy will create an Arizona where people are targeted based on the color of their skin or the sound of their last name with impunity. This proposition is a clear and present danger to civil liberties and must be stopped.”

Voters in ARIZONA will also have their say on another hot topic this November: abortion rights.

The ballot will include Proposition 139, which seeks to establish a fundamental right to abortion until around 23 weeks.

Over half a million signatures were gathered for the Abortion Access Act to get the issue on the ballot. The addition of the abortion measure was widely seen as having the potential to juice turnout for Democrats in the crucial swing state. The immigration measure could have the same effect for Republicans.

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