The tussle over Arizona's proposed immigration initiative slated for the November ballot is far from settled. This week, advocates for immigrants have kept the battle heated by signaling their intent to take the matter to the state Supreme Court. No stranger to contentious legislation, Arizona finds itself yet again at the heart of a national conversation on immigration law. A superior court judge in Maricopa County had dismissed the effort by these advocates to block the initiative on July 12, paving the way for its appearance on the ballot, according to reports by Arizona Public Media.
Attorney Andy Gaona, who represents some of the advocate groups, stated that they believe the initiative breaches the single-subject rule—a guideline designed to keep legislations focused and coherent. "We do think that single subject provision was violated," Gaona said. "We hope that the court agrees," he told Arizona Public Media. Legal briefs are being polished off for submission, with the legislature’s response expected by July 26.
The Republican backers of the initiative put forth an argument that it deals with one clear issue: the border. The legislation, if voters back it, would empower local law enforcement to arrest undocumented migrants crossing at points other than designated entries and would extend powers to state judges to order deportations. Furthermore, it takes a page out of Texas' legislative playbook, although with its own unique stipulations—such as defining the sale of fentanyl resulting in death as a felony—and mandates that certain state agencies verify noncitizen eligibility for benefits using a federal database.
Democratic Gov. Katie Hobbs, who previously used her veto power against a similar measure in March, has been circumvented this time around, with the initiative directly appealing to voters. Hobbs, along with other critics, has voiced concerns about the potential for racial profiling and the substantial increase in policing costs the measure could induce. The legislation could also influence the pivotal role that Arizona may play in upcoming elections where margins of control are hairline-thin. Proponents hope to center the discourse around border security, aiming to leverage voter sentiment that has been charged by accusations of border mismanagement leveled against President Biden, as covered by Arizona Public Media.
This isn't the state's first rodeo with legislation that thumps the drum of criminalizing immigration. Notably, in 2010, Arizona legislators toyed with the idea of widening the state’s trespassing law to penalize the mere presence of undocumented immigrants. Though that specific provision didn't pass muster, the law's requirement for officers to verify immigration status during routine law enforcement was upheld by the U.S. Supreme Court, despite the uproar and anxiety it generated over racial profiling. As the debate presses forward, the eyes of the nation—once again—turn to Arizona's stage where the saga of immigration policy continues to unfold.
