By Staff Reporter |
With House Speaker Ben Toma, a congressional candidate, leading the expedition, House Republicans visited the border to assess the crisis for which they say Democrat leaders are to blame.
Toma questioned why, three years into an ever-worsening problem, President Joe Biden and even Governor Katie Hobbs had focused their efforts on derailing solutions. According to Toma and the other Republicans, his bill, HCR 2060, is one of those latest solutions opposed by the likes of Hobbs and Biden.
“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. “It’s unsafe, it’s unsecure, it’s un-American, and it’s indefensible.”
The Senate passed HCR 2060 last month; it now needs final House consideration before it can appear on the ballot. The bill would make it statutorily unlawful for all border crossings outside lawful ports of entry. Law enforcement would only have probable cause for arrest of an illegal immigrant should a law enforcement officer witness the illegal crossing, technology records the illegal crossing, or any such other constitutionally sufficient indicator of probable cause exist.
The bill would mean more power to the state to handle its borders. Currently, the courts only recognize the federal government as having the authority to detain illegal immigrants.
Governor Hobbs called the bill a “stunt” for “cheap political points,” a job killer that would “demonize” communities and make the job of law enforcement more difficult.
The statute would only apply proactively, not retroactively. The nearly 7.9 million illegal immigrants encountered along the southern border since Biden took office (not counting the “gotaways,” or the witnessed but not encountered) would be safe from arrest under the law.
The statute would also define unlawful presence in the country as applying to those who were paroled pursuant to a programmatic grant of parole, such as those created under notice-and-comment rulemaking, and those who were required to be detained under the federal Immigration and Nationality Act but were instead paroled into the country.
Those guilty of illegal entry would earn a class one misdemeanor, elevated to a class six felony should that illegal immigrant have been previously convicted of illegal entry.
Rather than convict or adjudicate an illegal immigrant for illegal entry, HCR 2060 would allow a court to dismiss the charge and instead issue an order to the immigrant to return to the foreign nation from which they entered or attempted to enter the U.S., or the immigrant’s nation of origin. This would only be an option for the court should the illegal immigrant agree to the order, have no prior convictions of illegal entry, have no prior charges of another class one misdemeanor or felony, and have no criminal database hits indicating that they’re a threat to national security.
If the illegal immigrant refuses to comply with their order to return to a foreign nation, they are guilty of a class four felony.
HCR 2060 also branches out into other threats posed by the open border: fentanyl sales. The statute would establish a new crime: “sale of lethal fentanyl,” applying to adults who knowingly transport a narcotic drug for sale containing fentanyl that causes the death of another. The penalty for lethal fentanyl sale would be a class two felony, with all sentencing increased by five years. A presumptive sentence would be 10 years instead of five, a minimum sentence would be nine years instead of four, and a maximum sentence would be 15 years instead of 10.
Even if the Arizona legislature passes HCR 2060 and voters approve it as well, the statute pertaining to illegal immigration wouldn’t go into effect until similar laws — namely that which was passed last year by Texas (SB 4) — have gone into effect for at least 60 days.
The bill is scheduled to go before the House Caucus on Tuesday.
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