By Jonathan Eberle |
Arizona Senate President Warren Petersen hailed a “victory for Arizona” on Monday after Maricopa County Superior Court Judge Michael Valenzuela dismissed all challenges to the Secure the Border Act — a voter-approved initiative known as Proposition 314.
The ruling, issued October 10 and electronically filed October 13, upheld the will of voters who passed the measure in November 2024. In a statement on X , Petersen said the decision upheld “the will of voters who passed Prop 314 to protect our communities from illegal crossings and fentanyl,” calling border security “non-negotiable.”
“President Donald Trump truly delivered the most secure border in U.S. history,” Petersen wrote. “If our nation ever sees a repeat of lawlessness from an administration like we witnessed with Biden-Harris, Arizona will be ready to uphold the rule of law.”
The lawsuit, Living United for Change in Arizona et al. v. State of Arizona, challenged several provisions of Proposition 314, arguing the law violated Arizona’s constitution. Plaintiffs included Living United for Change in Arizona (LUCHA), the Arizona Center for Empowerment, and two individual plaintiffs.
According to court documents, the Secure the Border Act — approved by voters and enacted in November 2024 — created new state laws addressing immigration enforcement and public benefits eligibility.
Judge Valenzuela’s 10-page ruling rejected all three counts brought by the plaintiffs, determining that counts 1 and 2 were not “ripe” for review, as the challenged provisions are not currently enforceable; plaintiffs lacked standing to bring certain claims, particularly regarding separation of powers and legislative delegation arguments; and the SAVE Provision did not violate Arizona’s Revenue Source Rule, because participation in the federal verification program does not impose costs on state or local agencies.
The court concluded that the plaintiffs’ complaint “fails to state a claim on which relief can be granted” and dismissed it with prejudice, making the decision final under Arizona civil procedure rules.
The ruling allows Proposition 314 to stand as enacted by voters, although parts of the law will remain unenforceable until triggered by developments in Texas or another state with similar legislation. The decision represents a significant victory for Arizona lawmakers who championed the measure, including Petersen and House Speaker Steve Montenegro, both of whom intervened in defense of the law.
Supporters say the ruling reinforces Arizona’s right to protect its borders and uphold voter-approved laws. For now, however, the court’s dismissal marks a legal and political win for backers of Proposition 314 — and for state leaders pushing for stricter border enforcement at the state level.
Jonathan Eberle is a reporter for AZ Free News. You can send him news tips using this link.
