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On the Ballot: Arizona’s Proposition 314

Proposition 314 is on Arizona’s ballot this year – what it is and why would it be detrimental for immigrants and broader communities in the state?

What’s on the bill?

Proposition 314 – more commonly known as, the “Secure the Border Act” – would make it a state crime for noncitizens to cross international borders in any way, other than the official ports of entry and allow for state and local enforcements to arrest noncitizens who cross the border unlawfully. Under this measure, a person may not be arrested without probable cause, which includes a law enforcement officer witnessing the violation or a technological recording of the violation. The measure would also allow for state judges to order deportations.

The proposition would require using the E-Verify program to check for eligibility for some public benefit programs and employment and make it a crime to knowingly use false documents to apply for public benefits. Additionally, the proposition would categorize the sale of imported illicit fentanyl as a Class 2 felony with penalties increased by five years, where a person knowingly sells illicit fentanyl, and it results in the death of another person.

Additionally, the proposition would categorize the sale of imported illicit fentanyl as a Class 2 felony with penalties increased by five years, where a person knowingly sells illicit fentanyl, and it results in the death of another person.

How the bill would negatively impact people:

Proposition 314 is the biggest push to draw local authorities into immigration enforcement since SB 1070 — the state’s controversial 2010 law that required police to question people’s immigration status in certain situations.

Those granted Deferred Action for Childhood Arrivals (DACA) status before 2021 would also be subjected to increased risks of incarceration and deportation. U.S. district courts have ruled that individuals who obtained DACA status on or before July 16, 2021, are protected, yet this proposition attempts to undermine

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