Arizona governor rejects bill making it a state crime to cross its international border

Arizona’s governor recently rejected legislation that would have made crossing the state’s international border a state crime separate from a federal one in a move praised by the state’s Catholic conference, as other controversial measures work their way through the state’s Legislature.

The Arizona Border Invasion Act, SB 1231, would have made crossing the state’s border without authorization a misdemeanor and a felony for migrants who were previously deported or ordered to leave. It would have granted state law enforcement officials authority to detain migrants, a power currently limited to federal law enforcement.

Texas approved a similar law in 2023 that is currently facing legal challenges. Federal law already makes it illegal to enter the U.S. without authorization. Most portions of a similar 2010 Arizona law were later struck down by the U.S. Supreme Court.

In her March 4 veto letter, Gov. Katie Hobbs said SB 1231 presented significant “constitutional concerns” and could spark “costly and protracted litigation.”

“This bill does not secure our border, will be harmful for communities and businesses in our state, and burdensome for law enforcement personnel,” the letter said.

In a joint statement praising the veto, the bishops of the Arizona Catholic Conference — Bishops John P. Dolan of Phoenix, Edward J. Weisenburger of Tucson and James S. Wall of Gallup, N.M., (whose diocese includes a portion of Arizona) as well as Auxiliary Bishop Eduardo Nevares of Phoenix — said they “share the frustration of many about the situation at the border. The lack of a federal solution to the challenges faced by both vulnerable people and American communities is sorely needed and long overdue.”

“It is not right that inaction by the federal government has resulted in heavy burdens on states and communities along the US-Mexico border,” the bishops said. They said the federal government’s failures have resulted not only in “overwhelmingly large numbers of migrants wanting to cross the border, but also an unacceptable number of migrant deaths. We do not intend to question the good intentions of lawmakers who seek to address these challenges. Nonetheless, we contend that SB 1231 is not the appropriate response and will have painful unanticipated consequences.”

The U.S. Border Patrol had nearly 250,000 reported encounters with migrants crossing the U.S.-Mexico border in December 2023, according to federal statistics, marking the highest monthly total on record.

The bishops said they are “particularly concerned with upholding the rights and dignity of every person, especially families looking to remain safely together.”

“Furthermore, actions by local law enforcement officers to enforce immigration laws, as proposed by SB 1231, threaten to undermine community trust of the police and will result in more dangerous neighborhoods,” they said. “The federal government needs to do a better job of managing our national border and providing comprehensive immigration reform. Proposals such as SB 1231, however, are unlikely to survive legal challenges and are not the right solution. Consequently, we appreciate Governor Hobbs’ veto of this measure.”

Republicans in the Arizona Senate criticized the governor’s veto, including the bill’s sponsor, state Sen. Janae Shamp.

“The Legislature did its job to protect our citizens, but Governor Hobbs failed to do hers,” Shamp said in a statement. “Vetoing the Arizona Border Invasion Act is a prime example of the chaos Hobbs is unleashing in our state while perpetuating this open border crisis as (President Joe) Biden’s accomplice.”

Another bill working through the Legislature would amend the state’s trespassing law to allow home and property owners to threaten or use deadly force to stop someone from criminally trespassing into or on their property, rather than just their home.

Although that bill does not specify migrants, a proponent of the legislation has suggested it would lawfully allow property owners to shoot and kill migrants trespassing on their property, local media reported.

Hobbs is expected to veto that measure, should the Legislature approve it.

On March 13, Hobbs’s office released a letter she sent to leaders on the U.S. Senate and House Appropriations Committees calling for swift congressional action “to address the escalating crisis at Arizona’s southern border.”

“Arizona’s border is more than a convenient location for politicians to take photo ops and stage press conferences,” Hobbs said in the letter. “It’s where my constituents live, work, and raise their families. My state has done everything possible to deliver safety and security to those communities, but we need Congress to step up and do its job. It is unacceptable that the security of everyday Arizonans has taken a backseat to political games in Washington, DC, forcing working families in my state to bear the burden of congressional inaction. It’s time to prioritize practical solutions over political maneuvers.”

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