Arizona voters passed Proposition 314 by a wide margin this month — giving local police the authority to carry out immigration-related arrests. But what happens next is more murky.
Prop. 314 makes crossing the border between official ports of entry a state crime. It was billed as a border security measure that would give Arizona more control over migration and apprehensions along the international boundary. But provisions of it are on hold until further notice — while a similar measure in Texas is litigated. Local law enforcement along the border have also said they don’t have the resources to carry out those arrests.
Meanwhile, at a press conference this week in Nogales, Gov. Katie Hobbs told reporters some of the Proposition 314's GOP architects now say it may not be necessary.
“Some proponents of that initiative have said maybe we don’t need to enforce it now, so that’s interesting. We will follow the law of Arizona,” she said.
Arizona Senate President Warren Peterson says under a new Trump administration, Proposition 314 may just be what he calls a tool in the toolbox.
“Trump has said he will enforce the law, he will follow the law, and so, how much we will need to use that law, time will tell, it can either be used to support or it could be used down the road if another administration fails to enforce the law,” he said.
Peterson argues Proposition 314 was a tool Arizona needed under the Biden administration.
“He’s refusing to enforce the law that says that if you do not, that it’s illegal to enter this country anywhere rather than any legal port of entry,” he said.
Though crossing the border between ports of entry is illegal under federal law, asking for asylum is legal anywhere on U.S. soil. Migrants released by the Border Patrol to pursue asylum claims are legally allowed to be in the U.S.
A restriction enacted by the Biden administration this summer and finalized this fall blocks most migrants apprehended now from accessing those protections. But under U.S. immigration provisions, anyone who arrives in the U.S. can apply for asylum, regardless of whether they came through an official port of entry or not.
