Legal battle continues over immigration initiative for Arizona November 5 election campaign

PHOENIX — The fight to keep a proposed border initiative off the Nov. 5 ballot in Arizona is not over.

Immigrant advocates kept the issue alive this week by filing a notice with the state Supreme Court saying they will appeal the judge’s ruling.

A Maricopa County Superior Court judge on July 12 rejected an effort by proponents to keep the proposed initiative off the ballot. Proponents argue that the measure violates state rules because it addresses more than one issue.

Attorney Andy Gaona, who represents some of the groups, was working Friday on legal briefs in the case he filed later in the day. The Legislature has until July 26 to respond, he said.

Gaona argues in its application that merging unrelated provisions into one measure undermines the legislative process because it impedes debate. A legislator would be forced to sign a provision he or she may not agree with because he or she supports another provision in the same proposal.

“We think the provision has been violated on one issue,” Gaona said. “We hope the court agrees with that.”

Supporters of the initiative claim that it is about one issue only: the border.

The GOP-controlled Legislature voted in early June to put the proposal on the ballot, asking voters whether local law enforcement would be allowed to arrest migrants traveling illegally from Mexico to Arizona between ports of entry. The measure would also give state judges the authority to order people convicted of the offense to return to their home countries.

It’s similar to a Texas law that was suspended by a federal appeals court pending an appeal.

Unlike the Texas bill, the Arizona bill would also make it a felony, punishable by up to 10 years in prison, for selling fentanyl that results in a person’s death. It would also require certain government agencies to use a federal database to verify a noncitizen’s eligibility for benefits.

The Republican-backed proposal bypasses Democratic Gov. Katie Hobbs, who vetoed a similar measure in early March and has condemned the effort to bring the issue to voters’ attention.

Supporters of the bill said it was necessary to ensure security along the state’s southern border and that Arizona voters should have a chance to decide the issue for themselves. Opponents say the legislation would lead to racial profiling and add millions of dollars in policing costs that cities, counties and the state of Arizona cannot afford.

The measure would go before voters in a state expected to play a crucial role in determining which party controls the White House and the U.S. Senate — likely razor-thin races in Arizona. Republicans hope it will draw attention to the border, which they accuse Biden of mismanaging, and dilute the political gains Democrats seek from an abortion rights initiative.

Border unrest is a major motivator for many Republican voters, and former President Donald Trump hopes they will turn out in droves.

President Joe Biden announced plans in early June to limit the number of migrants seeking asylum at the U.S.-Mexico border.

This isn’t the first time Republican lawmakers in Arizona have tried to criminalize migration.

In passing a much-debated 2010 immigration law, the Arizona Legislature considered expanding the trespassing law to criminalize the presence of immigrants and impose criminal penalties. But the trespassing language was removed and replaced with a requirement that officers, while enforcing other laws, question the immigration status of people suspected of being in the country illegally.

The interrogation requirement was eventually upheld by the U.S. Supreme Court, despite critics’ concerns about racial profiling. But courts blocked enforcement of other parts of the law.

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