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Arizona has passed an immigration crackdown that will invite unaccountable policing
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Arizona has passed an immigration crackdown that will invite unaccountable policing

Arizona voters have approved Proposition 314, which will increase the role of state and local law enforcement in immigration policy. Arizona joins a growing list of states venturing into the business of border enforcement, an authority that has traditionally fallen under the control of the federal government — and will likely see increased costs to taxpayers and police misconduct .

Proposition 314 makes unauthorized border crossing a state crime, giving state and local law enforcement the power to arrest and deport migrants. A migrant who crosses into Arizona outside of a legal port of entry will be guilty of a Class 1 felony (or a Class 6 felony for repeat offenders). A state judge will command deportation of a migrant. Other COMPONENTS of the initiative increases or introduces penalties for selling the deadly fentanyl and using false documentation to claim public benefits.

A similar proposal it passed Arizona Legislature earlier this year, but Democratic Gov. Katie Hobbs with veto it. This bill and Proposition 314 were modeled after Texas Senate Bill 4. The text of Arizona’s ballot initiative specifies that a migrant may not “be prosecuted for any of these crimes until a similar law is enacted in the state of Texas or … in any other state. state has been in effect for at least 60 consecutive days” after voters approved Proposition 314.

Proposition 314 recalls another controversial Arizona immigration measure: Senate Bill 1070, which the Supreme Court. gutted in 2012. It did so on the basis that key provisions of the bill were preempted through federal law—a challenge that Proposition 314 will likely face.

Federal immigration enforcement issues aside, Arizona can expect negative consequences from the implementation of Proposition 314. It will be costly, as it will ask new investment in the transportation and detention of accused migrants. It could very well lead to racial profiling as officers try to identify people who have crossed the border illegally. “Sheriffs in four Arizona counties that lie along the Mexican border” said The Guardian that they “will face problems enforcing the new law,” citing concerns about discriminatory and costly enforcement, the publication reported in September.

like Texas SB 4Proposition 314 protects police from lawsuits for actions they take to enforce the measure. State and local officers, employees and contractors will have “civil immunity under state law from an action taken to enforce laws prohibiting” migrants from entering Arizona outside legal ports of entry. This will equate to more police with less accountability.

Even though Arizona voters approved Proposition 314, its full implementation is not assured. Texas’ SB 4 is on holdand the border crossing of the Arizona initiative disposition i can’t enter into force until SB 4 or a similar law in another state was deemed constitutional and enforced for 60 days.

Still, Proposition 314 now looms over Arizona — and so do the financial, legal and ethical costs that border crackdowns would bring.