A referendum to make illegal border crossings a felony is scheduled for Nov. 5, following a ruling by the Arizona Supreme Court.
On Aug. 14, the Arizona Supreme Court ruled that a proposal to make illegal immigration a state felony can appear on the state’s ballot in November. (READ MORE: Republicans Must Make a Laser-Focused, Issues-Based Case to the People)
This decision follows a legal challenge against HCR 2060, known as Proposition 314, from four pro-illegal immigration groups arguing it violated a rule in the state constitution limiting ballot questions to a single subject.
However, the State’s Supreme Court rejected this challenge. Chief Justice Ann A. Timer ruled: “The Court unanimously agrees with the superior court that Appellants have not met their burden to overcome the strong presumption that HCR 2060 is constitutional.” (READ MORE: Harris Campaign Ad Calls Her ‘Tough’ on the Border)
In March, Arizona Gov. Katie Hobbs vetoed a bill that sought to make it a state crime to be in the country illegally. In response, Republicans in the state legislature shifted their strategy to Proposition 314, a referendum that will allow citizens to vote directly on the immigration law.
Here are the four most important components of Proposition 314:
- Illegal Entry: It criminalizes illegal entry into Arizona from a location that is not a lawful port of entry and establishes orders to leave the state for noncompliance.
- Civil Immunity for Law Enforcement: It provides civil immunity to state and local government entities, officials, employees, or contractors enforcing the illegal entry law.
- New State Crimes for False Documentation: It makes it a felony for non-citizens to submit false documentation when applying for public benefits or during the employment eligibility verification process.
- Criminalization of Fentanyl Sales: It increases the penalties for knowingly selling fentanyl and causing the death of another person.
With the Arizona Supreme Court affirming Proposition 314’s constitutionality, it is now set to appear on the ballot in November, putting Arizona at a critical crossroads. (READ MORE: Tim Walz: The Mogadishuan Candidate)
The outcome of this referendum may inspire other states to adopt similar measures in addressing illegal immigration. It is not just a vote on immigration policy — it’s a referendum on the balance of power between state and federal authority. As Arizona stands on the brink of this unprecedented shift, the question remains: Will voters embrace this bold new direction, or will they continue to allow federal law to be ignored at their own expense?
Thanks to the Arizona Supreme Court, the choice is now in the hands of the Arizonans.
