Arizona voters will decide on border law enforcement measure in 2024

Arizona voters will decide on a measure that will make it a state crime to unlawfully cross the border from Mexico, as well as allow for state and local police to arrest individuals who unlawfully cross the border. This measure will appear on the ballot on Nov. 5, 2024.

The measure, HCR 2060, was introduced in the Arizona House of Representatives on Feb. 14, 2024. It passed the House on Feb. 22, 2024, by a 31-28 vote, with all Republicans voting ‘yes’ and all Democrats voting ‘no’. The measure was amended in the Arizona State Senate and passed the Senate on May 22, 2024, by 16-13, also passing with all Republicans voting for the measure and all Democrats voting against it. The measure passed the House again by 31-29 on June 4, 2024.

The measure would make it a state crime for noncitizens to enter the state at any location other than the port of entry. It would allow for state and local police to arrest noncitizens who cross the border unlawfully and allow for state judges to order deportations. It would also require the use of the E-Verify program to determine the immigration status of individuals before enrollment in a financial aid or public welfare program. The measure also has provisions related to the sale of fentanyl, making it a Class 2 felony if the person knowingly sells fentanyl and it results in the death of another person.

Arizona House Speaker Ben Toma (R) spoke in support of the measure, saying, “I am an immigrant. This is not anti-immigrant. This is anti-lawlessness. It’s about securing our border, because the federal government has failed to do their job.”

Gov. Katie Hobbs (D) spoke out against the measure, saying in a statement, “HCR 2060 will hurt Arizona businesses, send jobs out of state, make it more difficult for law enforcement to do their jobs, and bust the state’s budget. It will not secure our border. Despite strong opposition from business leaders, border law enforcement, and bipartisan local leaders throughout the state, extremists in the legislature have chosen to prioritize their political agendas over finding real solutions.”

Two candidates for the U.S. Senate election in Arizona, U.S. Rep. Ruben Gallego (D) and candidate Kari Lake (R), also commented on the measure. Lake supported the passage of the measure, saying, “Arizonans are crying out for common sense security measures. I am encouraged that Arizona Republican state legislators are doing their best to deliver it — even if they have to go around Hobbs’ veto to do it.”

Gallego opposed the measure, saying, “Politicians are refusing to address our border crisis and dragging us backwards to a horrible time. In order to truly secure our border and keep Arizonans safe, we need to hire more border patrol agents, deliver crucial resources to our frontline border communities, and fix our broken asylum system. This bill does none of that.”

This measure will be the seventh measure added to the 2024 statewide ballot in Arizona.