Proposition 314 is on Arizona’s ballot this year – what it is and why would it be detrimental for immigrants and broader communities in the state?

What’s on the bill?

Proposition 314 – more commonly known as, the “Secure the Border Act” – would make it a state crime for noncitizens to cross international borders in any way, other than the official ports of entry and allow for state and local enforcements to arrest noncitizens who cross the border unlawfully. Under this measure, a person may not be arrested without probable cause, which includes a law enforcement officer witnessing the violation or a technological recording of the violation. The measure would also allow for state judges to order deportations.

The proposition would require using the E-Verify program to check for eligibility for some public benefit programs and employment and make it a crime to knowingly use false documents to apply for public benefits. Additionally, the proposition would categorize the sale of imported illicit fentanyl as a Class 2 felony with penalties increased by five years, where a person knowingly sells illicit fentanyl, and it results in the death of another person.

Additionally, the proposition would categorize the sale of imported illicit fentanyl as a Class 2 felony with penalties increased by five years, where a person knowingly sells illicit fentanyl, and it results in the death of another person.

How the bill would negatively impact people:

Proposition 314 is the biggest push to draw local authorities into immigration enforcement since SB 1070 — the state’s controversial 2010 law that required police to question people’s immigration status in certain situations.

Those granted Deferred Action for Childhood Arrivals (DACA) status before 2021 would also be subjected to increased risks of incarceration and deportation. U.S. district courts have ruled that individuals who obtained DACA status on or before July 16, 2021, are protected, yet this proposition attempts to undermine those protections.

Additionally, Proposition 314 will lead to racial profiling and add huge unfunded costs for police departments that do not typically enforce immigration law. In their efforts to block the proposition from being in the 2024 election ballots, several organizations such as, Living United for Change in Arizona, Poder in Action and the Florence Immigrant and Refugee Rights Network came together and sued on the basis that the referral violates a mandate in the State’s Constitution known as the Single Subject Rule that requires ballot measures to stick to one topic, but the lawsuit was dismissed.

“NCLR believes that Proposition 314 in Arizona could have serious implications for the state’s immigrant community. It would further marginalize vulnerable groups—such as women, children, LGBTQIA+ individuals, and those living with HIV—by pushing them into the shadows and discouraging them from seeking essential legal, medical, or social assistance. This would not only harm those directly affected but would also undermine broader community trust in public institutions. When people feel they cannot safely interact with authorities or access basic services, it weakens the social fabric and increases vulnerabilities, ultimately making entire communities feel less safe.”  – Hogar’s Program Associate Pamela Mercado Garcia

Some history of past racist and anti-immigrant measures across the country:

Proposition 314 is just another racist attempt to supposedly “keep our communities safe.” Some previous examples of this are:

• 1997: California Republicans pushed Proposition 187 to stop undocumented immigrants from using schools, hospitals, and other services.
• 1997: The city of Chandler, AZ began arresting people who could not prove their citizenship.
• 2010: The Arizona legislature passed Senate Bill 1070 to enforce federal immigration law.  It became known as the broadest and strictest laws of its kind at the time.  The law required police to determine the immigrant status of someone arrested or detained where there is “reasonable suspicion” they are not legally in the United States.
• 2012: The Supreme Court of the United States heard Arizona vs. United States and nullified three of the law’s four provisions.  The one that remained, section 2(B), referred to as “show your papers” provision required police to arrest anyone they believe has committed a crime and who they think is in the country illegally and hold the individual until their immigration status can be checked with federal officials. Section 2(B) lent itself to rampant racial profiling against Latinos, Asian Americans and others presumed to be undocumented immigrants based on their appearances.
• Texas, Oklahoma, and Iowa have attempted to pass similar laws allowing the arrest and deportation of undocumented immigrants as well.

Now, Proposition 314 follows recent legislative activity seen in Texas and elsewhere, asserting state authority to enforce federal immigration policies.   The measure threatens to undermine community trust, instilling fear in immigrant communities and discouraging them from cooperating with state and local law enforcement.