PHOENIX (AZ Family) – Arizona lawmakers on both sides of the aisle agree on one thing: There is an immigration crisis. They disagree on how to fix it.

Proposition 314 makes this one It is a misdemeanor for non-citizens to enter Arizona from any location other than the official entry point..

Illegal entry and re-entry is already a federal crime and is punishable by fines and/or imprisonment.

The ballot measure would also allow local police to arrest those who cross the border illegally and state judges to order deportations.

It would also create a low-level offense for those who provide false information or documents for employment or public interest. Proposition 314 would also make the sale of fentanyl a class 2 felony if the person knowingly sold the drug and another person died from the substance.

State Republican Sen. John Kavanagh said allowing local law enforcement to enforce it would stop more human traffickers, people on terrorist watch lists and drug traffickers.

“It’s about getting the worst of the worst. “The problem we face is that the border patrol is so busy processing all the fake asylum seekers at ports of entry that there are very few border officers in the central areas,” he said.

Democratic state Rep. Analise Ortiz disagrees.

“This means our streets will be less safe as officers have to choose between responding to robberies or thefts or doing the same job of border patrol,” he said.

FACT CHECK: Arizona lawmakers discuss immigration ballot measure

Critics say Proposition 314 is similar to SB 1070, the controversial bill passed in 2010 that allowed police to ask for proof of citizenship when a person is suspected of being in the state illegally.

Ortiz said that under Proposition 314, “we will also see civil rights violations. “We will see US citizens arrested and detained because they cannot immediately prove their citizenship.”

Kavanagh says this is not entirely true and that the recommendation only applies to the border between legal entry points.

SPECIAL SURVEY: Majority of Arizonans support border security ballot measure

“Under SB 1070, all they needed to conduct the initial stop was reasonable suspicion. “Under this bill, you always have to have a higher level of probable cause, which means that the evidence is more likely than not that there is a violation of the law,” he said. is to increase the person’s sentence.

According to the U.S. Department of Homeland Security, more than 90% of fentanyl is stopped at ports of entry.

Proposition 314 is modeled after Texas law (SB 4) reviewed by the US Supreme Court for constitutionality.

Even if Arizona voters pass the law this November, it won’t go into effect until the Texas bill is signed into law.

READ MORE: Family guide to Arizona’s 2024 statewide ballot measures

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