Republican border security ballot measure Prop. 314 passes in Arizona

Arizona voters passed a Republican-backed plan to give state and local law enforcement the power to enforce immigration laws, over the objections of Democrats and Latino advocacy groups who warn the law will lead to racial profiling.

State lawmakers referred Prop. 314 to the ballot after a similar measure was vetoed earlier this year by Arizona’s Democratic governor, Katie Hobbs. Critics of the proposal compared it to SB 1070, the controversial immigration law passed in 2010 that was partially overturned by the U.S. Supreme Court.

But the measure approved Tuesday proved popular with voters fed up with what they see as the federal government’s failure to secure the border.

It’s already illegal under federal law to cross into the United States from Mexico outside of legal ports of entry. But like a bill Texas lawmakers approved last year, sheriffs, local police and state law enforcement would have the authority to arrest migrants for illegal border crossings under Prop. 314.

But the law won’t go into effect immediately.

The Texas measure, SB 4, faces challenges in federal court, and Arizona’s version of law, though approved by voters, won’t be allowed to be implemented unless a court upholds Texas’ right to enforce its own provision.

Some Arizona border sheriffs have warned they’re in no position to enforce the law, given there’s no resources tied to funding the measure.

Separately, Prop. 314 creates new penalties for individuals who use fraudulent documents to obtain employment or public benefits, as well as increase penalties for knowingly selling fentanyl – if it came from outside the U.S. and directly leads to another individual's death.

Jose Patiño is with the immigrant advocacy group Aliento.

"Two years ago, we were able to pass Prop. 308, right? In-state tuition for Dreamers. And now, two years later, it feels like we took a full 180. So it’s just, I thought we were heading in one direction as a state, to be more inclusive of our immigrant community and supportive, and now we’re here," Patiño said.

Patiño says the measure mirrors the state’s notorious SB 1070 and will cause the same racial profiling.