Arizona House Republicans are expressing their full support for a bill that aims to criminalize entering the state through an illegal entry point. Democrats, on the other hand, have raised concerns regarding the potential legal implications of such a measure.
House Bill 2748 proposes to criminalize the act of entering the state illegally, elevating it to a class 1 misdemeanor. Furthermore, if this offense is committed multiple times, it would be classified as a class 6 felony. The bill also mandates that individuals residing in Arizona without legal status must either depart voluntarily or face the possibility of being charged with a class 2 felony.
The House Military and Public Safety Committee passed the bill on Monday with an 8-7 vote, strictly along party lines.
The bill, as stated in a news release, takes inspiration from Texas Senate Bill 4. This particular legislation is currently involved in a federal court battle and includes various policies in Texas that aim to address the ongoing border crisis, as reported by Texas Public Radio.
“In a statement, Rep. Joseph Chaplik, R-Scottsdale, criticized the Biden administration for its failure to enforce federal immigration laws, which has resulted in an unprecedented surge of illegal immigration along the southern border. Chaplik referred to this situation as a historic invasion.”
President Biden and Congress have failed to address the crisis, despite the legislature’s repeated calls for action. This failure to fulfill their duties has resulted in the prevalence of open-border policies, which in turn undermines the rule of law.
During the committee hearing, Rep. Marcelino Quiรฑonez, a Democrat from Phoenix, raised concerns about the bill. Republicans argue that the bill was a response to the demands made by border sheriffs.
The lawmaker admitted, “We are aware that this bill is unconstitutional, but we are proceeding with this exercise solely for the purpose of having talking points.”
He added that this is not a serious policy and that Texas is currently going through it in court.
Critics have also pointed out that the legislation is reminiscent of Senate Bill 1070, an immigration bill signed into law by former Republican Gov. Jan Brewer in 2010. It is worth noting that certain provisions of that bill were later removed by the United States Supreme Court, as reported by the Arizona Republic.
The bill also includes a provision that grants civil immunity to state government workers and officials who comply with the law. In the legislative findings section, the bill accuses the Biden administration of “gross dereliction of duty” in addressing the ongoing migrant surge at the southern border.
The bill states that the Arizona Legislature has urged the Arizona Governor and the Arizona Attorney General to take executive action and bring President Biden to court in order to safeguard the citizens of Arizona and protect its sovereignty. However, they have declined to do so.
The bill would require Democratic Gov. Katie Hobbs’ signature to be enacted as law.