A Risky Proposition: Arizona’s Prop 314
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by Rajiv Nemani
Proposition 314—an Arizona ballot referendum relating to border control— was voted “yes” by 62% of Arizonans last Tuesday. Every election cycle, Arizona’s legislature is allowed to refer a piece of legislation to the people in what is known as a “ballot referendum." This year, one of them was Proposition 314.
The referendum allows police to arrest and deport migrants for unauthorized border crossings and adds criminal penalties to undocumented immigrants who apply for federal or state public benefits. It also makes it a state crime to sell fentanyl that leads to someone’s death. These changes will allow state courts to issue deportation orders and will increase state involvement in immigration control.
Typically, immigration and border control fall to the federal government. While state law enforcement can arrest and detain suspected undocumented migrants, it’s usually Immigration and Customs Enforcement (ICE), Customs and Border Patrol (CBP), or the Department of Homeland Security (DHS) that carry out the deportations. The referendum greatly increases the state’s actions regarding deportations and undocumented immigrants.
Supporters of the referendum have argued that more and more undocumented immigrants have entered Arizona and that the federal government hasn’t done much to enforce the rules. They argue that the states need to pick up the responsibility of the federal government. Arizonans’ fears over excess smuggling across the border aren’t unwarranted; in fact, the majority of fentanyl that enters the US comes through Arizona
However, those who oppose the proposition provide a different perspective.
Allowing state courts and police officers to question, detain, and even deport suspected undocumented migrants could lead to intense racial profiling and heightened animosity between migrants and cops. Giving the state power to deport immigrants will rush the process, potentially leading to innocent victims who don’t have proper legal representation getting unjustly punished.
On top of that, there’s the risk of general migrant safety. The proposition cracks down on documentation and allows police officers to check migrants for their papers randomly. It essentially allows racial profiling, not too different from what we all saw with Arab and brown Americans in the post-9/11 era. Police will have the power to do “random” spot checks on anyone—even if they’re minding their own business in their neighborhood. Increased surveillance means one’s suburb may no longer feel like a safe place anymore.
Surprisingly, the biggest part of the proposition—the part that allows state courts and state police to decide on deportations—may not even be constitutional. In fact, 12 years ago Arizona tried to pass a similar bill—SB 1070, which allowed unwarranted arrests of undocumented migrants and made it a state crime for not carrying papers—in 2012. It was struck down by the Supreme Court for the simple reason that the power of deportations and border control lies only with the federal government. Similar measures drafted by Iowa, Oklahoma, and Texas have all been temporarily suspended by federal courts. We’ll have to wait to see if many provisions of this bill are even constitutionally permitted.
Until then, the bill has the potential to clamp down on immigrant rights. While it has the intention of solving the border crisis, it may just lead to increased surveillance among innocent Arizonan immigrants.
References:
https://www.aclu.org/sb-1070-supreme-court-whats-stake
https://immigrationforum.org/article/arizona-proposition-314-secure-the-border-act-summary/
https://www.acluaz.org/en/news/understanding-your-ballot-propositions
https://www.aclu.org/know-your-rights/immigrants-rights
