Arizona Senate approves bill authorizing local and state law enforcement to apprehend unlawful border crossings.

The measure will be sent to the House, controlled by the GOP, and will be on the Nov. 5 ballot if it is passed by the legislature.

Arizona Senate approves bill authorizing local and state law enforcement to apprehend unlawful border crossings.
Arizona Senate approves bill authorizing local and state law enforcement to apprehend unlawful border crossings.

On Wednesday, Arizona senators approved a ballot measure by a narrow margin that grants local law enforcement the power to arrest individuals who unlawfully enter the state across the US-Mexico border.

The proposal, which passed along party lines by a 16-13 vote, would make it a state crime for illegal migrants to enter Arizona from Mexico at any location other than a port of entry, thus enabling local and state police to arrest them.

Judges could send those convicted of a crime back to their country of origin after completing their sentence, and dismiss a pending charge if the person agrees to return home.

Border Arrivals
Arizona senators passed a proposed ballot measure on Wednesday that would give local and state police the power to arrest people entering the state illegally via its border with Mexico. (AP Photo/Ross D. Franklin)

Supporters of the measure believe that Arizona should have the right to handle the crime of unauthorized entry into the U.S. because the federal government is not taking action to stop the increase in crossings.

The Arizona Senate GOP posted on its X account on Wednesday that Democrat legislators Katie Hobbs and Joe Biden are failing Arizona. We share your concern. You will have the opportunity to take border security matters into your own hands this November with the Secure the Border Act.

Some illegal migrants who enter Arizona are accused of committing identity theft and exploiting public benefits.

If the proposal is passed, it is believed by opponents that it will negatively affect Arizona businesses, put an extra burden on law enforcement, and result in racial profiling of both illegal migrants and American citizens.

"Democratic Gov. Katie Hobbs stated earlier this month that HCR2060 will harm jobs, make it harder for law enforcement to keep us safe, and vilify communities of color. She emphasized that they will continue to work tirelessly to ensure a safe, secure, and humane environment at the border to address the crisis, but this referral is not the solution."

Katie Hobbs
Arizona Gov. Katie Hobbs has been vocal in her opposition to the proposal and vetoed a similar border protection measure in March. (Rebecca Noble/Getty Images)

Last week, the proposal faced a setback when Republican Senator Ken Bennett raised objections to a provision aimed at DACA recipients, who were protected from deportation under the Obama administration's program.

If their protections from deportation under DACA were later canceled or deemed unlawful, recipients would have been subject to prosecution under the earlier version of the proposal.

On Wednesday, the provision that was cut from the measure approved included language to clarify that the law wouldn't apply to migrants illegally in Arizona prior to its enforcement.

Bennett acknowledged that while it's not ideal, the current situation represents a significant improvement from a week ago.

Migrants in a line
If passed by the state legislature, Arizona voters will have the opportunity to vote on the measure aimed at better securing the state's border with Mexico in November. (John Moore/Getty Images)

The measure now advances to the Republican-controlled House.

If the state legislature approves the proposal, it will be put on the Nov. 5 ballot, bypassing Hobbs' veto from March.

The Associated Press contributed to this report.

by Elizabeth Pritchett

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