The Arizona Congress adopted a proposal this Tuesday that will ask residents of the border state whether or not local police should detain immigrants crossing from Mexico. The question will be on the ballot for the November 5 elections, in which irregular immigration has become one of the main issues for voters. If approved by the majority, the measure would give the green light to legislators to make crossings at any point other than an immigration checkpoint a state crime. This despite the fact that irregular crossings are already considered federal crimes prosecuted by the Border Patrol.
The decision was approved by the Arizona House of Representatives, controlled by the Republican Party. The result of the vote was 31-29, with Democratic legislators in the minority. During the session there were moments of tension, as several speakers for and against the proposal confronted each other from the rostrum. The Republicans ordered one of the galleries to be closed to prevent advocacy groups from interrupting the legislative process. In previous sessions, some activists had shouted at congressmen “stop the hate! stop the hate!”
The text of the proposal makes irregular entry into Arizona a misdemeanor. This would be punished with six months in prison for anyone who commits it for the first time. It also contemplates the expulsion of foreign citizens after an undetermined period in a prison or immigration station.
“You have not gone to the border to realize the human tragedy that exists there despite the fortune that is spent,” local Republican congressman John Gillette told the Democrats. Those in his party have called for action to address what they call “an immigration crisis” created by President Joe Biden. The legislator stated that some 274,000 people crossed illegally from Mexico last year. Almost 300 immigrants appeared on lists of terrorist organizations drawn up by security forces.
If Arizona adopts the measure at the polls, it would join other states that have adopted anti-immigrant laws, such as Texas. Unlike this entity, Arizona is governed by Katie Hobbs, a Democratic politician. The local president vetoed a similar law in March and opposes the measure. By taking the question to the electorate, Republicans prevent the decision from going to Hobbs’ desk for enactment.
Similar to the Texas SB4, the Republican measure in Arizona seeks for local authorities to have immigration police functions. Texas legislation is before courts that must determine its legality. The Magna Carta only gives these powers to the federal Executive Branch and not to local powers. Despite this, the measure approved this morning also allows state judges to decide on the repatriation to their countries of origin of people who have crossed irregularly.
The proposal has caused many to remember Arizona’s recent anti-immigrant past. In 2010, the local Congress adopted the law SB1070, which became a weapon of persecution for Latinos and people with brown or black skin, who could be detained at any time on suspicion of being irregular immigrants. The law was the target of several litigations that little by little diminished its power until it became obsolete.
“Arizona wants to turn back time,” said legislator Consuelo Hernández, from Tucson, from the podium this Tuesday, who cited in her speech the controversial law promoted by former governor Jan Brewer. She was not the only one, Congresswoman Junelle Cavero, from Phoenix, recalled that when the rule was in force it was stopped by the authorities for no reason. “This is not a solution. It is electoral politicking,” said Mariana Sandoval, another legislator from the Democratic bloc.
Arizona’s move comes the same day that President Biden announced an executive order that closes the border once a certain number of illegal crossings or asylum seekers is exceeded. The measure does not affect the tens of thousands of people who are already following their process on US soil, but it resumes certain legal tools used by Donald Trump. The decree, considered a measure for the electoral campaign, has been roundly rejected by the progressive sectors of the Democratic party and by immigrant rights groups that supported the president to reach the White House almost four years ago.
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