By Daniel Stefanski |
A controversial border proposal is making its way through the Arizona Legislature.
On Monday, the Arizona House Military and Public Safety Committee (MAPS) gave a green light to HB 2748, which “establishes penalties and enforcement against illegal border crossings,” according to the overview provided by the State House of Representatives. The proposal, which mirrors recent legislation out of Texas, has garnered the support of every Republican in the chamber, ensuring its likely passage out of the House – and possibly the Senate.
Arizona State Representative Joseph Chaplik, the sponsor of the bill, said, “Under the Biden administration, the consistent refusal to enforce our nation’s federal immigration laws has led to an unprecedented surge of illegal immigration across our southern border, constituting a historic invasion. Despite the legislature’s repeated calls for action, President Biden and Congress has failed to address this crisis. This dereliction of duty has allowed open-border policies to prevail, undermining the rule of law.”
According to the press release from the Arizona House of Representatives Republican Caucus, HB 2748 would do the following:
- Establish a class 1 misdemeanor (or a class 6 felony for subsequent offenses) for individuals entering Arizona from a foreign country as aliens, except through legal ports of entry.
- Impose a class 1 misdemeanor for aliens re-entering the U.S. through Arizona if they were previously deported, excluded, or left while a deportation or exclusion order was pending.
- Elevate the offense to a class 3 felony if the alien was removed due to multiple drug misdemeanors, federal inadmissibility, terrorism involvement, or removal following a nonviolent crime.
- Elevate the offense to a class 2 felony if the alien was removed after committing a felony.
- Provide for an order of return for aliens violating the law, with failure to comply constituting a class 2 felony.
- Grant immunity from civil liability for local and state government officials, employees, and contractors enforcing the law, with indemnification for civil actions under federal law.
- Mandate the Arizona Attorney General to pursue all available remedies to recover federal reimbursements for state costs incurred due to illegal immigration.”
When HB 2748 passed the MAPS Committee, all eight Republicans voted in favor of the bill, and all seven Democrats voted against. Democrat State Representative Marcelino Quiñonez attacked the legislation, saying, “We know this bill is unconstitutional, but we are going through this exercise for talking points.”
On the Arizona Legislature’s Request to Speak system, a representative for Heritage Action for America signed in support of HB 2748; while representatives from the American Civil Liberties of Arizona, CHISPA Arizona, Living United for Change in Arizona, AZ National Organization for Women, and State Conference NAACP noted their opposition to the legislation.
Though Democrat Governor Katie Hobbs has ramped up her rhetoric against the border crisis in recent months, she is almost certain to veto HB 2748 should it clear both legislative chambers and reach her desk on the Ninth Floor of the Arizona Executive Tower. Hobbs and Republican lawmakers have been unable to come to any accord on border security proposals since the state entered a time of divided government in January 2023.
Despite this bill having no chance of becoming law in 2024 – or over the next two years, Representative Chaplik is pressing ahead with his efforts due to the dire state of the crisis at the border. Chaplik said, “The consequences are dire: an uncontrolled border presents both security and humanitarian crises. The surge in violence, coupled with the rampant smuggling of illegal drugs, weapons, and human beings, poses an imminent threat to our communities, our state, and the safety of innocent Americans. It is imperative that we act swiftly to secure our borders and restore order, safeguarding the integrity of our nation and protecting our citizens. Just as the State of Texas is defending itself, this bill will allow the State of Arizona to defend itself at the border.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
