Arizona sheriffs are gearing up to be prepared in case a successful ballot proposition that criminalizes crossing the international border illegally becomes a state crime. While court approval may be necessary for the proposition to come into effect, the sheriffs are taking proactive measures to ensure they are ready for any potential changes in the law.
The Arizona Sheriffs’ Association is urging state lawmakers to allocate $100 million over the next two years to prepare sheriffs’ agencies for the enforcement of Proposition 314. This ballot measure, referred by Republican lawmakers in the Legislature, was approved by voters.
In a significant turn of events, Santa Cruz County Sheriff David Hathaway, one of the four sheriffs responsible for serving Arizona border counties, faced a withholding of $250,000 in border-related funds. This decision came after Hathaway made comments expressing his reluctance to enforce Proposition 314. The move was made by Republican lawmakers on December 18, in response to Hathaway’s stance on the matter.
The enforcement of the main provision of the law that involves crossing borders is currently uncertain. However, there are concerns about potential civil rights violations and the significant cost associated with it.
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Yavapai County Sheriff David Rhodes, who heads the association, along with other sheriffs, expressed their concerns about the “unfunded mandate” that supports the measure. They are now actively pursuing the necessary funding, which Sheriff Rhodes believes is essential to empower border sheriffs in effectively enforcing the new law.
In a December 20 interview, Rhodes emphasized the need to allocate funds to the sheriff’s departments in the four border counties for the recruitment of an additional 20 deputies each. According to him, this investment would not only cover the onboarding process but also provide for any necessary equipment that the departments might require. It is crucial to recognize that this allocation would surpass the previous funding received by the sheriffs, highlighting the magnitude of the investment required.
According to the speaker, the Arizona sheriffs had requested $24 million from the Legislature in 2024 for border-related responsibilities. However, they were granted only $17 million, falling short of their funding requirements.
According to the statement, they are expected to receive $50 million in both 2025 and 2026. The spokesperson also mentioned that if needed, the “ongoing appropriation” will continue into the future.
Rhodes emphasized the importance of proper planning when it comes to hiring new employees. He pointed out that it is crucial to secure funding for these hires to avoid any potential setbacks in the future. Rhodes also highlighted the need to act proactively and start the hiring process early to ensure preparedness. He acknowledged that adjustments can always be made if circumstances change, but the initial groundwork needs to be laid out without delay.
What is Proposition 314, the Secure the Border Act?
This Article Includes
Proposition 314, which is commonly referred to as the Secure the Border Act, mandates that immigrants must utilize legal ports of entry when entering Arizona. Failure to comply with this requirement may result in potential apprehension by local and state law enforcement agencies, as well as federal agents.
In order for police to take action against someone for crossing the border illegally, they would need to have probable cause. This could include personally witnessing the alleged crime, reviewing video footage, or obtaining evidence through other means.
Those who violate the law will face a mandatory 30-day jail sentence. However, individuals who were approved under the Deferred Action for Childhood Arrivals program between June 15, 2012, and July 8, 2021, are exempt from prosecution. Additionally, state officials have proposed a lenient approach for most undocumented immigrants, allowing them to return to the country they entered from without serving jail time.
In addition to the border provisions, the new law enhances the legal penalty for fentanyl sales that lead to death. It also permits local authorities to arrest undocumented migrants who fraudulently seek benefits and mandates stricter verification of employees’ immigration status.
Proposition 314: Arizona police await verdict on legality and financial feasibility of immigration law
Realities of new law, deportation threat still uncertain
Concerns about the potential implementation of Proposition 314 arise as Arizona and the rest of the nation brace themselves for the incoming presidency of Donald Trump and the looming prospect of widespread deportation of undocumented immigrants.
The outcome of the November election, where Trump emerged victorious, signals the desire of a significant portion of the electorate to forge a fresh path in terms of immigration policy.
Rhodes and other local officials acknowledge that there has been talk about deportations, but they have not been provided with any specific details regarding a plan. It is expected that President Trump, who assumes office on January 20th, will prioritize immigration reform as one of his immediate actions.
The future of Proposition 314 is uncertain as well. The law will not come into effect unless Texas’ Senate Bill 4 or a similar proposed law is approved by the court. The Texas law, which is currently being challenged by the U.S. Department of Justice under President Joe Biden, is still pending in the 5th U.S. Circuit Court of Appeals. Even if that court approves the law, it would still take more time for a successful appeal to the U.S. Supreme Court.
Outgoing Arizona House Speaker Ben Toma, sponsor of the measure approved by voters, expressed optimism that federal officials would fulfill their duty in enforcing border and immigration laws. He believes that if this were to happen, there would be no necessity to implement the measure. However, Toma emphasizes the importance of having it in place as a precautionary measure, acknowledging the ever-changing nature of circumstances.
Toma expressed his satisfaction with the fact that voters disregarded fear-inducing messages from critics. These critics had warned that the police would misapply the law and unfairly target individuals based on their perceived ethnicity. Moreover, they claimed that families would be subjected to disruptive raids in the middle of the night in Phoenix. Toma was pleased that these negative narratives did not sway the voters.
He disagreed, saying, “That is not how it works.”
Arizona prison capacity could be factor in enforcement
Law enforcement officials must consider the availability of detention bed space when making arrests for Proposition 314. If there are too many arrests, the state could quickly run out of jail and prison beds.
The Arizona Department of Corrections, Rehabilitation & Reentry is now obligated by law to accommodate individuals who have been sentenced to incarceration under the border-crossing provision, in cases where there is a lack of available space in county or local jails. Most towns and cities do not have their own holding facilities, and county jails are frequently overcrowded. A notable example is Pima, the largest border county, where the jail is currently operating at or near full capacity, prompting officials to seek expansion opportunities.
According to a report from the state Corrections Department in November 2024, which is the most recent data available, there were 9,229 available prison beds out of a total of 45,581. Monthly records indicate that bed usage typically hovered around 75% to 80% of capacity throughout 2024.
Approximately 1,000 of the available beds are reserved specifically for women. It is worth noting that women constitute around 10% of the total prison population in Arizona, although they may be apprehended in higher proportions for border crossings.
According to Director Ryan Thornell of the prison agency, one of the issues is the current staffing levels in prisons. An agency analysis revealed that the current staff is only sufficient for the current prison population. However, if the empty beds were to be filled, additional funding for new personnel would be required immediately. The agency also warned that even with proper funding, state prisons could reach maximum capacity by 2027.
In a recent analysis conducted by the state Joint Legislative Budget Committee in July, there were doubts raised regarding the agency’s estimates. One of the reasons for this uncertainty is the fact that the maximum sentence for first-time border-crossers is only six months. Additionally, many individuals may opt for self-deportation rather than facing incarceration. These factors could potentially prevent prisons from reaching their full capacity, as reported by the budget agency.
According to Tom Homan, the “border czar” under the Trump administration, the proposed deportation plan may involve the establishment of “open-air campuses” to accommodate detained families. This implies that the plan would also necessitate the availability of detention bed space.
Lawmakers use Proposition 314 to get sheriff’s attention
Proposition 314, whether effective or not, served as a valuable political instrument for Republican lawmakers during the meeting of the Legislature’s Joint Legislative Budget Committee on December 18. Senator John Kavanagh, the committee chair, exercised his authority and eliminated $250,000 in GIITEM Border Security and Law Enforcement grants to Santa Cruz County. This decision was made in response to Hathaway’s public remarks, where he expressed his unwillingness to enforce the law.
Kavanagh and co-chair Rep. David Livingston have stated that they will reconsider their decision if Hathaway agrees to utilize the funds for border security. In addition to that, five other counties have been allocated $250,000 each.
Livingston stated that if he is not willing to enforce this, they will not provide it to him for any other purposes.
Kavanagh and Livingston serve as chairs for the appropriations committees in their respective chambers.
Hathaway did not respond to a phone message.
Democratic Representative Nancy Gutierrez of Tucson expressed her disapproval of the Republicans’ choice to withhold funding that Santa Cruz County relies on to ensure community safety. She voiced her support for a sheriff who opposes policies rooted in racism.
Currently in effect: Certain aspects of Proposition 314 are currently entangled in legal proceedings.
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