On Tuesday, the Arizona Supreme Court unanimously ruled in favor of Arizona Speaker of the House Ben Toma and Senate President Warren Petersen, finding that the Legislature’s Border Security Act will be on the November ballot.
Now, Arizona voters will have the opportunity to take border security into their own hands this November.
The Border Security Act, enshrined in HCR2060, was ruled constitutional and acceptable to be placed on the ballot by a Maricopa County Superior Court judge last week. Maricopa County Superior Court Judge Scott Minder rejected arguments that the “Secure the Border Act” measure violates the single-subject rule in the state constitution.
However, plaintiffs, Living United for Change in Arizona, Victory PAC and two other qualified electors, appealed.
Arizona State Representative Oscar De Los Santos, a Democrat plaintiff in the suit wrote on X.com at the time, “We allege that HCR 2060 – which embraces a hodgepodge of numerous and varied policies – violates Arizona’s single-subject rule, a provision of our state’s Constitution which stipulates that any one act must deal with only one issue.”
Judge Minder found:
Arizona’s constitution requires HCR 2060 to “embrace but one subject and matters properly connected therewith[.] HCR 2060 is intended to refer “responses to harms relating to an unsecured border“ to the people of Arizona for the November 2024 ballot. In this challenge, Arizona law requires Plaintiffs to overcome the strong presumption that the act is constitutional. Because a natural connection exists, i.e., all provisions are “responses to harms relating to an unsecured border,” Plaintiffs have not met their burden to show a violation. Absent other challenges, the policies of HCR 2060 should be left to the voters.
The Arizona Supreme Court justices unanimously agreed.
The Secure the Border Act is similar to Texas’ SB 4 and would provide local, county, and state law enforcement the authority to arrest individuals who are non-U.S. citizens entering Arizona from Mexico outside of a lawful port of entry. SB 4 is currently on hold as it’s being litigated in federal court. If upheld by the courts and if Arizona voters support the Secure the Border Act in November, this specific provision of the bill would take effect in Arizona 60 days after implementation in Texas.
Other provisions in the bill, not contingent on court rulings, include harsher penalties for drug dealers trafficking fentanyl across the border that leads to an overdose death of a person. It will also establish a state crime of any individuals living in Arizona illegally who knowingly submit false information or documents to apply for government benefits or apply for employment. Lastly, it will require state agencies administering benefits to use the federal Systematic Alien Verification for Entitlements program, in addition to current state verification systems when determining eligibility of non-U.S. citizens.
“Arizonans need to ask Democrats like President Joe Biden and Governor Katie Hobbs why they are fighting to keep America’s border wide open,” said Toma at the time. “It’s unsafe, it’s unsecure, it’s un-American, and it’s indefensible. Nothing good comes from open borders. Only crime, deadly drugs, violence, unsafe communities, and an unending financial drain on American taxpayers. Yet, Democrat leaders fiercely oppose doing anything about it.”
“Arizonans have had enough and want change,” continued Toma. “They want safe communities and a secure border. House Republicans do too. That’s why we crafted HCR 2060, the Secure the Border Act, a ballot referral with meaningful reforms to protect the integrity of Arizona’s workforce, strengthen criminal laws, and reinforce the rule of law in this state. Today’s final passage sends this Act to the ballot this November, so the will of Arizona voters is heard.”