Even Blue States Are Embracing a Tougher Approach to Crime

goes after both illegal immigration and the sale of fentanyl not made in the United States.

Proposition 314 grants law enforcement the authority to arrest noncitizens who do not have legal authorization to enter or live in the United States. The law specifically targets people attempting to enter or who have entered Arizona outside official ports of entry.

This measure expands police powers to address illegal immigration at the state level. Under Proposition 314, unauthorized entry into Arizona will become a Class 1 misdemeanor for a first offense and a felony for subsequent offenses. The measure also allows state judges to order deportations.

However, portions of the law cannot take effect until a court — likely the U.S. Supreme Court — rules on the constitutionality of a similar law in Texas. If the Texas law is upheld and remains enforceable for at least 60 days, Arizona’s law could then go into effect. The law now is awaiting an appeals court decision, which is expected to itself be appealed to the Supreme Court no matter the ruling.

And the measure adds a new state felony penalty for selling fentanyl manufactured outside the country that results in another person’s death.

Some critics argue that it could lead to racial profiling and heightened community tensions, while supporters claim it will bolster border security and reduce crimes linked to illegal immigration.

Immigration enforcement is usually a federal responsibility, and some critics also have raised concerns about the additional financial and operational burden local law enforcement agencies may face.

Some local police departments contacted by Stateline were unsure of how the measure would be enforced, noting that they are waiting for further direction from state officials.

The Phoenix Police Department said in an email to Stateline that it would continue its current enforcement practices, which prohibit officers from asking about immigration status during traffic stops unless required by state law and consensual contacts with the public, according to department spokesperson Sgt. Mayra Reeson.

Under existing policies, Phoenix officers may only transport people to U.S. Immigration and Customs Enforcement if they are wanted for a criminal immigration violation and have no pending state criminal charges, or if the person has only a civil immigration violation, which includes being in the country without legal authorization, and consents to the transport.

The ACLU of Arizona has vowed to explore all options to block the implementation of Proposition 314, calling it unconstitutional and harmful.

Amanda Hernández covers criminal justice for Stateline. The article was originally appeared in Stateline.