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  • Arizona Capitol Times

    Border legislation delayed, Republican senator seeks changes

    By Hannah Elsmore Arizona Capitol Times,

    2024-05-15

    The Senate delayed a vote on a GOP-backed border security measure another week after one Republican senator said his approval depends on whether the legislation is further amended.

    Republican Senators intended to pass the measure Tuesday that would allow police to arrest people who crossed the border illegally outside ports of entry, but intra-party disagreement put certain provisions on hold.

    The measure HCR2060 was met by strong opposition from Democrats, business leaders and attorneys when it was first introduced. Opponents say it would allow for racial profiling and harm the state’s economy. Last week, the referendum was watered down to reflect stakeholder input and Democrat concerns, but its latest holdout is due to opposition from Sen. Ken Bennett, R-Prescott.

    “Some of these things are important enough that my vote is contingent on it,” Bennett said Tuesday. “I’m concerned overall about the reputation of our state.”

    Though the need for tightened border security is agreed upon by GOP lawmakers in both chambers, Bennett said he is concerned that lack of specificity in the measure’s language could lead to unintended consequences for the state.

    The measure, which would go to voters if the Legislature approves it, was weakened by an amendment last week that diluted the incarceration requirements for those convicted of illegal entry from a mandatory 30-day sentence to what the judge decides.

    The lack of language to address where the children of illegal immigrants will go if their adult family members are detained is something Bennett said he is concerned with.

    “Sending people back to a country other than their country of origin, that just doesn't work,” Bennett said. “I think that’s critical.”

    Bennett said he also wants a provision removed that would allow “dreamers,” or recipients of the Deferred Action for Childhood Arrivals program, to be arrested for illegal entry if the program is canceled. The provision was added through a floor amendment last week.

    Bennett said he is looking at suggestions from stakeholder groups that could clarify probable cause for police officers. Though some sheriffs expressed support of the measure last week, they said that enforcement of the law might be difficult outside of border communities.

    Yavapai County Sheriff David Rhodes spoke in favor of the legislation, but made it clear he is not sure how the specifics of implementation of the law would play out when it comes to execution or funding.

    “In the view of the sheriff’s, probable cause looks like this: something like eyewitness testimony of people walking through the border not at a port of entry, something like technology that indicates that people are crossing the border not at a port of entry,” he said.

    He said that from a sheriff’s perspective, the measure is a “border bill” that would not allow for racial profiling, which Sen. Janae Shamp, R-Surprise, who spearheaded the legislation, has reiterated

    Legislative staff is drafting another amendment to the ballot proposal but it will not be heard until next week, so it is unclear whether Bennett’s issues with the legislation will be addressed. He did not specify which changes are most pivotal to his stance on the measure. His vote is critical to passing the measure because all Republican votes are necessary to get the required 16 votes for passage. He could kill it if his concerns are not addressed by the final roll call vote.

    If the measure does pass out of the chamber, the earliest it could get a hearing in the House is June 4 because several members are traveling until then.

     

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