Grand Canyon Times

A Maricopa County judge has blocked litigation against House Concurrent Resolution 2060, known as the “Secure The Border Act," finding that “the policies of HCR 2060 should be left to the voters” on the ballot this November. 

If voted into law, the bill—which passed in both the Arizona House and Senate—will make illegal immigration a state crime. 

Immediately following the bill's Senate passage on May 22, the leftist political advocacy group Living United for Change in Arizona filed a lawsuit aiming to remove the Act from the November ballot. 

Late Friday, Maricopa County Superior Court Judge Scott Minder dismissed the legal action challenging the constitutionality of HCR 2060 from plaintiffs that also included Victory PAC, its Executive Director Alejandra Gomez, and Assistant House Minority Leader, Rep. Oscar De Los Santos. 

If it had been found to be unconstitutional, HCR 2060 would have been removed from the November 2024 General Election ballot.

Arizona Senate Republicans posted on X on Friday about Minder’s ruling, calling it “a victory for the citizens of Arizona.”

Arizona Senate President Warren Petersen also commented.

“It’s unthinkable Democrats and our Governor would stand with [President] Biden and radical left activists, instead of the hard-working Arizona families who are begging for their elected leaders to secure our border and promote safety within our communities. As expected, the court ruled in favor of sanity instead of chaos, and we’re grateful we are able to provide this opportunity to voters to have the final say on,” Petersen said.

If enacted, the bill will provide initiatives to lengthen criminal sentences for drug sales involving fentanyl, levies criminal penalties for illegally attempting to enter the United States or to refuse a court order to return to a foreign nation, prohibits any person “not lawfully present in the United States” from “knowingly applying for a federal, state or local public benefit by submitting a false document” and enhances use of the E-Verify program to authorize documents for those applying for such public benefits.

The plaintiffs who challenged the constitutionality of HCR 2060 did so under the “single-subject rule,” on the basis that Arizona state law requires all bills and legislation to concern only one topic and, in the plaintiffs’ view, the resolution did not meet this criterion.

However, Minder found that “the provisions of HCR 2060 reasonably relate to the subject of ‘Responses to Harms Relating to an Unsecured Border.”

“The Legislature made explicit findings about the dangers of fentanyl and the impact of the transportation of fentanyl over the border, including the enticement of people to cross the border without legal permission. This Court has no factual basis to doubt, and plaintiffs have shown no reason to question, the deterrent effect of the proposed ‘lethal fentanyl’ crime. Entry of people and of drugs into Arizona through the border are ‘logically or in popular understanding’ connected, which is what the single-subject rule requires,” Minder said. 

Governor Katie Hobbs vetoed a previous attempt to pass the bill.  

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.