Grand Canyon Times

After passing in both the Arizona House and Senate, the "Secure the Border Act” is now destined for the Nov. 5 ballot, where voters will decide on whether illegal immigration should be a state crime. 

If voted in, HRC 2060 would classify illegal entry as either a misdemeanor or felony, giving local law enforcement the authority to arrest illegal immigrants, and would allow courts to issue orders for individuals to return to their country of origin.

"When we say there are criminals and terrorists crossing our border at unprecedented rates, we mean it!” State Sen. Janae Shamp (R-Tucson) told the Grand Canyon Times. “And the statistics clearly back it up. Our nation is on high alert because of what's going on at our border and we must take action. Democrats at the federal level as well as Governor Hobbs are making a mockery of this crisis by refusing to do anything to stop it.” 

“The latest CBP numbers are a prime example of why Arizona Republican lawmakers are sending HCR2060 to the November ballot. It will give our state and local law enforcement the tools to help secure our border, and in turn, give our state and our country a fighting chance to combat this invasion."  

In addition to making it a state crime to cross the border illegally, HCR2060 includes provisions to enhance penalties for fentanyl trafficking as outlined in HB 2820. It also aims to bolster the federal E-Verify program and prevent the submission of false documents for accessing public benefits.

The bill is similar to that of Texas' SB 4 which has been suspended pending litigation in federal court. Should Texas' bill be upheld, and Arizona voters endorse the Secure the Border Act in November, the measure would become active in Arizona 60 days following its enactment in Texas.

According to a Tucson Standard analysis of U.S. Customs and Border Patrol (CPB) data, during fiscal year 2024, a total of 29,296 illegal aliens with previous criminal convictions or outstanding warrants have been apprehended by the agency.

The arrests, spanning from Oct. 1, 2023 to present, are divided between 10,925 made by CPB and 18,572 by CBP's Office of Field Operations. Of the arrests, 662 were for assault, battery and domestic violence, 1,778 for driving under the influence, and 942 for drug-related offenses.

House Speaker Ben Toma (R-Peoria), whose House passed the bill on June 4 following the Senate's passage on May 22, emphasized the necessity of addressing border security concerns, criticizing Democrats for opposing such measures. 

“Arizonans need to ask Democrats like President Joe Biden and Governor Katie Hobbs why they are fighting to keep America’s border wide open. It’s unsafe, it’s unsecure, it’s un-American, and it’s indefensible,” Toma said in a press release on the bill's passage in the House. 

“Nothing good comes from open borders. Only crime, deadly drugs, violence, unsafe communities, and an unending financial drain on American taxpayers. Yet, Democrat leaders fiercely oppose doing anything about it.” 

“Arizonans have had enough and want change. They want safe communities and a secure border. House Republicans do too. That’s why we crafted HCR 2060, the Secure the Border Act, a ballot referral with meaningful reforms to protect the integrity of Arizona’s workforce, strengthen criminal laws, and reinforce the rule of law in this state. Today’s final passage sends this Act to the ballot this November, so the will of Arizona voters is heard.”

Gov. Katie Hobbs issued a press release in the wake of the bill's passage criticizing it. 

“I’ve said it before and I will say it again: 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," she said. "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."

Hobbs vetoed a previous attempt to pass the bill, but this time it will bypass her to go directly to voters.

Political analysts note the inclusion of the item on the Nov. 5 ballot will likely have a significant impact on voter turnout in the general election.

Immediately following the bill's passage, Living United for Change in Arizona, a leftist political advocacy group, filed a lawsuit aiming to remove the Act from the November ballot.

The lawsuit is seeking to overturn the Act and argues that it violates the single-subject rule, which mandates that legislative measures must focus on a unified subject.