PHOENIX (AZ Family) — Arizona lawmakers on both sides of the aisle agree on one thing: There is an immigration crisis. What I don’t agree on is how to fix it.

Prop 314 would do a misdemeanor for non-citizens to enter Arizona anywhere other than an official port of entry.

Illegal entry and re-entry is already a federal crime punishable by fine and/or imprisonment.

The ballot measure would also allow local police to arrest illegal border crossers and state judges to order deportations.

Additionally, it would make it a low-level offense for those who present false information or documents for employment or public benefits. Prop 314 would also make the sale of fentanyl a Class 2 felony if the person knowingly sells the drug and another person dies from the substance.

Republican state Sen. John Kavanagh says letting local law enforcement enforce it will stop more human traffickers, people on terror watch lists and drug dealers.

“This is about getting the worst of the worst. The problem we have is that the border patrol is so preoccupied with processing all the bogus asylum seekers at the ports of entry that there are few border agents who are in the middle areas,” he said.

Rep. State Democrat Analise Ortiz disagrees.

“This means our streets will be less safe as officers will have to choose between responding to robberies or burglaries or doing the duplicate work of border patrol,” she said.

INVOICE VERIFICATION: Arizona lawmakers debate immigration ballot measure

Critics say Prop 314 is similar to SB 1070, a controversial bill passed in 2010 that allowed police to demand proof of citizenship if a person was suspected of being in the state illegally.

Ortiz argues that under Prop 314, “we will also see civil rights violations. We will see American citizens arrested and detained because they cannot immediately prove their citizenship.”

Kavanagh says that is not entirely true and that the proposal only applies to the border between legal entry points.

EXCLUSIVE POLL: A majority of Arizonans support the border vote security measure

“Under SB 1070, all they needed was reasonable suspicion to make the initial stop. Under this bill, you always have to have a higher level of probable cause, which means the evidence is more likely than not that it violates the law,” he said. “Another provision of this proposal would increase the penalty for someone who knowingly sells fentanyl and causes someone’s death.

According to the US Department of Homeland Security, more than 90% of fentanyl is stopped at ports of entry.

Prop 314 is modeled after a Texas law (SB 4) which the US Supreme Court is reviewing for constitutionality.

Even if Arizona voters pass the law in November, it won’t go into effect until the Texas bill is deemed legal.

READ MORE: Arizona Family Guide to 2024 Statewide Ballot Measures

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