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If voters approve the measure in November, law enforcement would be enabled to arrest migrants who cross into the US without going through official ports of entry. Judges could order the deportation of those convicted of violating the law.
Under the proposal, a person who enters the US illegally cannot be arrested unless there is “probable cause” – a law enforcement officer has witnessed the violation, there is a recording of the violation or there is “any other constitutionally sufficient” sign of probable cause.
Proponents say the measure would curb illegal immigration and cut down on crime perpetrated by migrants, stepping in where the federal government has failed. Meanwhile, critics argue that the proposal would result in racial profiling and unlawful policing, be costly for the state and strain law enforcement resources.
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“When the federal government completely withdraws from its responsibility to enforce the law, then it becomes incumbent on the states to take action on that and enforce it themselves,” Republican state Rep. Justin Heap said in remarks Tuesday on the Arizona House floor.
“I hear my Democratic colleagues concerned about the cost that may accrue in this. Arizona citizens are already paying costs for illegal immigration every day. They pay it in their housing, they pay it in their utility bills, they paid in their grocery bills, their medical care, their insurance and as we’ve heard today, some of them pay for it with their lives, and with the safety of their communities,” he added.
Democrats said the bill hearkens back to theArizona law, Senate Bill 1070,that was signed into law more than a decade ago and parts of which were struck down the US Supreme Court. The law, which critics called the “show me your papers” law, allowed police to check a person’s immigration status during traffic stops if they had “reasonable suspicion” to think the person was in the US illegally.
“Maricopa County is still paying the price for the last attempt at hateful race-baiting legislation that have now cost taxpayers over $300 million. HCR 2060 will cost us more,” Democratic state Rep. Junelle Cavero said, adding that the bill would create “racial profiling and harassment that will result in lawsuits” and “broken families.”
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“The standard in this bill is probable cause, not reasonable suspicion like all the other so-called previous mistakes in other bills,” Toma, the bill’s main sponsor, said on the House floor. “This cannot be honestly referred to as the ‘show me your papers’ bill.”
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“Despite strong opposition from business leaders, border law enforcement, and bipartisan local leaders throughout the state, extremists in the legislature have chosen to prioritize their political agendas over finding real solutions,” the governor said in a statement.
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