The Arizona Supreme Court has decided that a proposal allowing local police to make arrests near the state’s border with Mexico will be on the November ballot for voters to determine. The proposal, named Proposition 314, would create a state crime for individuals to cross the Arizona-Mexico border anywhere other than through an official port of entry. It would empower state and local law enforcement to apprehend violators and enable state judges to order individuals to return to their home countries. Additionally, the proposal would establish a felony charge, punishable by up to 10 years in prison, for selling fentanyl that results in a person’s death. It would also mandate certain government agencies to use a federal database to confirm a noncitizen’s eligibility for benefits.

Opponents of the proposal argued that it covers disparate subjects such as immigration enforcement, the fentanyl crisis, and public benefit regulations. However, Chief Justice Ann A. Scott Timmer and the state’s highest court concluded that the measure complies with the single-subject rule in the state constitution.

Advocates of the proposition argue that it is necessary due to the perceived insufficient efforts by the federal government to prevent unauthorized border crossings in Arizona. They claim that some unauthorized entrants engage in identity theft and exploit public benefits. Conversely, detractors assert that the proposal could lead to racial profiling, damage Arizona’s business reputation, and create significant unfunded expenses for police departments unaccustomed to enforcing immigration laws.

In June, the Republican-controlled Legislature in Arizona passed the measure to be put on the ballot, bypassing the veto of a similar proposal by Democratic Governor Katie Hobbs. The upcoming vote on the measure in Arizona, a state with significant influence on the outcome of the White House and U.S. Senate control, is expected to draw attention to border issues and possibly offset political advantages sought by Democrats through an abortion-rights initiative.

This initiative marks a recurrent effort by Republican lawmakers in Arizona to criminalize migration. In the past, the Arizona Legislature contemplated expanding the state’s trespassing law to prohibit the presence of immigrants and to enforce criminal penalties. Ultimately, the U.S. Supreme Court upheld the requirement for officers to inquire about individuals’ immigration status, although enforcement of other segments of the 2010 immigration law was restricted by courts amid concerns of racial profiling.