Part of a 2024 ballot measure that will create a state-level immigration system is set to take effect on Tuesday.
The ACLU of Arizona is suing top law enforcement officials to block it.
The section of Proposition 314 set to take effect would deputize local police to enforce new immigration laws and let state judges order deportations.
Victoria Lopez, executive director of the ACLU of Arizona, said those are the federal government’s jobs.
“The state of Arizona is essentially creating its own immigration, detention and deportation system, which directly contradicts the U.S. Constitution,” Lopez said.
The lawsuit cites the Supreme Court decision that struck down most of the infamous law SB 1070, which also broadened local law enforcement authority.
“But Prop. 314 goes a step further here,” Lopez said, meaning it extends to the entire state legal system.
The Florence Immigrant and Refugee Rights Project has for decades represented people in the federal immigration system, and the ACLU is suing on its behalf.
“Proposition 314 would create a completely new, parallel system that would frustrate the work they are doing in the federal immigration processes already with their clients,” Lopez said.
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Leadership clarified that non-members — including employees or residents, guests of tribal members, travelers on public roadways and vendors tied to the Tohono O’odham Gaming Enterprise — may still travel freely “without any restrictions.”
