Arizona Takes Action: HCR 2060 and Border Security
How the Secure the Border Act Aims to Protect Arizonans from Unchecked Illegal Immigration
The Arizona Legislature, led by Republican lawmakers, recently passed HCR 2060, known as the Secure the Border Act. This comprehensive legislation aims to address the various harms related to an unsecured border, emphasizing the need for enhanced immigration enforcement, public safety measures, and stringent penalties for criminal activities associated with illegal border crossings. As someone deeply invested in the safety and well-being of our state, I fully support this vital legislation.
Key Provisions of the Secure the Border Act
1. Public Safety Crisis Declaration:
• The Act begins with a declaration that Arizona is facing a public safety crisis due to weaknesses in immigration enforcement. It highlights the surge in human trafficking and drug smuggling by transnational cartels, citing alarming statistics from 2021 to 2023, including encounters with nearly seven million immigrants, 282 individuals on the terrorist watchlist, and over four hundred thousand unaccompanied minors, many of whom are victims of human trafficking.
2. Empowering Law Enforcement:
• The Act empowers law enforcement to arrest aliens who fail to enter Arizona through official ports of entry. This measure aims to reduce the number of illegal crossings and ensure that individuals entering the state do so lawfully.
3. Reducing Incentives for Illegal Immigration:
• The Act creates criminal offenses for knowingly presenting false documents to obtain public benefits or evade workplace eligibility detection through the e-verify program. This aims to reduce the economic incentives for illegal immigration and protect Arizona workers from unfair labor competition.
4. Strengthening Benefit Eligibility Verification:
• The Act requires agencies and political subdivisions of the state to use the Systematic Alien Verification for Entitlements (SAVE) program to verify the eligibility and validity of documents for individuals applying for public benefits. This measure ensures that only those lawfully present in the United States can access these benefits.
5. Increased Penalties for Fentanyl Trafficking:
• Recognizing the fentanyl crisis, the Act increases punishments for selling fentanyl that causes the death of another person. It establishes the crime of “sale of lethal fentanyl,” a Class 2 felony with enhanced sentencing.
6. Criminalizing Illegal Entry:
• The Act criminalizes the illegal entry of aliens into Arizona at locations other than lawful ports of entry. Violators face a Class 1 misdemeanor, with repeat offenders facing a Class 6 felony.
7. Order to Return to Foreign Nation:
• Courts can issue orders requiring individuals convicted of illegal entry to return to their country of origin. This provision aims to deter repeat offenses and ensure compliance with immigration laws.
8. Civil Immunity for Enforcement:
• The Act grants civil immunity to state and local public entities, officials, employees, and contractors for actions taken to enforce the Act, protecting them from liability arising from these actions.
9. Right to Intervene in Lawsuits:
• The Act allows the president of the senate, the speaker of the house, and minority leaders to intervene in any legal actions concerning the Act, ensuring robust defense of its constitutionality and enforceability.
10. Severability Clause:
• A severability clause ensures that if any part of the Act is deemed invalid, the remaining provisions remain effective, preserving the integrity of the legislation.
Legal Challenges and Opposition:
Despite the clear need for these measures, it is frustrating to see Democrats opposing this legislation and making false accusations that it is a racist bill targeting minorities. This narrative is not only misleading but also undermines the genuine efforts to protect our communities from the very real threats posed by unchecked illegal immigration, human trafficking, and drug smuggling. The Secure the Border Act is about safeguarding all Arizonans, regardless of their background, by addressing these critical issues head-on.
Moreover, this measure is being challenged in court by immigrant rights activists. One of my own state representatives, Oscar De Los Santos, is among those listed in the lawsuit. They argue that the proposal violates Arizona’s single-subject rule on ballot measures. Despite these challenges, it is essential to recognize that the bill is a legitimate attempt to address illegal immigration at the state level and deter crossings between points of entry in Arizona.
An important note is that the provision allowing for the arrests of border crossers between ports of entry will not take effect until the Texas law or similar laws from other states have been in effect for 60 days. This ensures that the implementation of these measures is carefully coordinated and consistent with broader state-level efforts.
The Importance of Federal Legislation:
While state-level measures like the Secure the Border Act are crucial, the importance of comprehensive federal legislation to address border security cannot be overstated. Unfortunately, the inaction from Republicans in Congress has left states like Arizona to bear the brunt of these challenges. Therefore, the state must do what it can within its authority to ensure public safety, preserve order at the Mexico border, and deter illegal crossings into Arizona.