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State and local law enforcement could take on border duties as Prop 314 passes
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State and local law enforcement could take on border duties as Prop 314 passes

TUCSON, Ariz. (13 News) – Border security could soon be part of state law under Prop 314, the Border Security Act.

Even some of those who would impose it admit it is a burden, and opponents have said it will cause more problems than expected.

There are no funds built into Prop 314 to support the apprehension, incarceration and prosecution of those within the law. Criticism of Border Patrol may now await police officers and sheriff’s deputies.

“At some level, I think the result is explained by voters who just want the state of Arizona to do something. Our position, you know, we’re against Proposition 314,” said Noah Schramm, border policy strategist for ACLU of Arizona.

Schramm expressed concern about making crossing the border anywhere other than a legal port of entry a state crime, as a misdemeanor the first time and a felony thereafter, the responsibility of state and local law enforcement.

“The actual components of Proposition 314 we think will end up doing a lot more harm than good and have a lot of unintended, if not unintended, effects, like racial profiling, family separation,” Schramm said.

“It’s entering the federal government’s immigration game, something we should never be in, I’ll be the first to say that,” Cochise County Sheriff Mark Dannels said.

But Dannels will enforce Prop 314 if it passes, which seems likely. The border enforcement part won’t go into effect until a similar law in Texas clears the courts, and Dannels expects President-elect Donald Trump to take action and ease pressure on an unfunded proposal.

“My first thing when President Trump takes office is to re-address that with his team at the Department of Homeland Security is where you are, if not sooner if the opportunity comes sooner, I will address in name our Sheriffs in America because they need to step back in this game and fix it. They broke it, they have to fix it,” Dannels said.

Dannels said he has also spoken with the governor’s office about what funding the state will provide and expects the Legislature to support it.

The law also prohibits those here illegally from using fake IDs for public benefits and to apply for a job. The illegal sale of fentanyl that kills someone is also in this proposal.

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