On Wednesday, the Arizona House of Representatives passed SB 1231, the Arizona Border Invasion Act. The bill, which was sponsored by Senator Janae Shamp, would “make it unlawful for a person who is an alien (unlawful immigrant) to enter Arizona from a foreign nation at any location other than a lawful port of entry, [and] outline penalties for violations of illegally entering Arizona and provides immunity from civil liability and indemnification for state and local government officials, employees and contractors who enforce this prohibition,” according to the purpose from the Arizona State Senate.
🚨FOR IMMEDIATE RELEASE: Arizona State Legislature Approves Critical Bill to Protect Arizonans from Biden's Border Invasion, Awaits Governor Hobbs' Signature pic.twitter.com/VIbjb6Yn7m
The vote in the House was 31-28 in favor of SB 1231, with one seat vacant. Earlier this month, the bill passed the Senate with a 16-13 vote (with one member not voting).
“Arizonans want and deserve safe communities, but the invasion at the border has led to countless fentanyl overdoses, rapes, murders, human smuggling, child sex trafficking, high-speed chases, subsequent deadly car crashes, and other heinous crimes that are forever transforming our state and the lives of our citizens right before our eyes,” said bill sponsor Senator Janae Shamp.
Senator Shamp also called on the governor to use every tool available to her office to help law enforcement enforce the law, writing, “Governor Katie Hobbs has declared on numerous occasions her disapproval for the lawlessness caused by the federal government’s open border policies and her desire to take action to protect our citizens. This legislation is exactly what our local law enforcement needs and has asked for to rein in the dangerous criminal activity that’s being thrust upon law-abiding Arizonans by the Biden Administration. The Legislature has done its job. Now is her chance to protect the citizens of Arizona by signing this bill into law, so that we can take the handcuffs off of our law enforcement and allow them to do their job.”
On the Arizona Legislature’s Request to Speak system, a representative from Arizona Catholic Conference endorsed the bill, while representatives from the American Civil Liberties Union of Arizona, the City of Phoenix, and Arizona Faith Network signed in in opposition to the legislation.
One of Senator Shamp’s colleagues, Senate President Pro Tempore T.J. Shope, also highlighted the passage of the bill through both chambers of the state legislature and echoed the desire for the governor to sign the legislation. He posted, “I call on Governor Hobbs to sign this bill and make good on her promise from the State of the State Address this year to take the situation at our Border seriously. Katie Hobbs, sign SB 1231.”
Arizona House Democrats vehemently protested the bill on the floor before it won final passage. The Caucus’ “X” account called the measure the “ghost of SB 1070,” and confidently predicted a veto from Governor Hobbs.
House GOP sends the ghost of SB1070 to the Governor’s desk to be justifiably vetoed. Rep. @RepAnaliseOrtiz calls out MAGA Republicans for stoking fear and using the Latino community as political pawns in an election year. pic.twitter.com/lPktJK65Xq
Despite a heightened tone in rhetoric from Governor Hobbs over the border crisis, the Democrat chief executive of Arizona is unlikely to go along with many – if any – of the immigration-related bills currently being offered in the legislature by Republicans. Legislative Republicans have pointed to Hobbs’ vetoes of their border bills in the 2023 session as proof that her actions speak louder than words, and the forthcoming decisions on these new proposals will certainly add to that narrative as an election year kicks into high gear for both political parties.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
On Thursday, the Arizona District Court struck down provisions of two laws requiring proof of citizenship for voters.
In the 109-page order for Mi Familia Vota v. Fontes, Judge Susan Bolton ruled that several proof of citizenship provisions within HB2492 and HB2243, “Voting Laws,” violated federal laws pertaining to voting rights. The overturned provisions concerned birthplace requirement disclosures for voter registrations, county recorders investigating voters based on a “reason to believe” someone is a noncitizen, and disclosure of residence in order to register for federal elections.
There are over 19,000 federal-only voters who haven’t submitted proof of citizenship.
“The Court finds that though it may occur, non-citizens voting in Arizona is quite rare, and non-citizen voter fraud in Arizona is rarer still,” stated Bolton. “But while the Voting Laws are not likely to meaningfully reduce possible non-citizen voting in Arizona, they could help to prevent non-citizens from registering or voting.”
Bolton ruled that HB2492 violated the Materiality Provision of the Civil Rights Act because its requirement of proof of birthplace for voter registration was immaterial in determining eligibility to vote. Bolton said that since the provision wasn’t retroactive it wouldn’t apply to the approximately one-third of active voter registrations lacking birthplace.
“That Arizona has determined these voters are qualified to vote notwithstanding the lack of any meaningful birthplace information strongly indicates birthplace is immaterial,” said Bolton.
HB2243’s directive for county recorders to deny voters based on a “reason to believe” that the voter may be a noncitizen violates the Different Practices Provision, Bolton ruled. The judge said the provision would unfairly subject naturalized citizens to citizenship database checks, and not native-born citizens.
Bolton also ruled that the state couldn’t require individuals registering using federal-only forms to provide documentary proof of residence (DPOR). Bolton determined that the voting laws requiring attestation of residency was sufficient to determine eligibility.
“Because the Voting Laws require a State Form to include DPOR, the State Form is not ‘equivalent’ to the Federal Form,” said Bolton. “Arizona may not reject State Forms lacking DPOR and must register these applicants as Federal-Only Voters.”
However, Bolton ruled HB2243’s requirement of county recorders to investigate federal-only voters’ citizenship statuses doesn’t violate federal voting law, since the state doesn’t require individuals to submit additional information beyond the federal registration form. Bolton noted that overturning such investigatory efforts would leave states without the ability to discover proof of citizenship.
“Arizona must accept the Federal Form as prima facie proof of an applicant’s eligibility to vote but the NVRA does not preclude Arizona from independently determining that an applicant or voter is ineligible,” said Bolton. “Were the Court to embrace Plaintiffs’ theory that section 6 prohibited a county recorder from requesting information not contained on the Federal Form after confirming non-citizenship, Arizona seems left with no apparent means to request proof of eligibility before cancelling [sic] a registration.”
Bolton further ruled that the county recorders could use federal and state databases to review citizenship information.
Court proceedings revealed that county recorders haven’t submitted to the attorney general a list of all registered voters who haven’t provided documentary proof of citizenship (DPOC) by Oct. 31, 2022 as required by HB2492. Therefore, the attorney general hasn’t investigated the citizenship status of any dubious registered voters.
Contrary to the claims of Democratic lawmakers and activists, Bolton said that neither of the proof of citizenship laws were enacted with the intent of purposeful discrimination.
“The legislative record lacks any indicia of a nefarious motive,” said Bolton. “And despite [witnesses’] account of Arizona’s history of discrimination, neither expert articulated a persuasive factual nexus between this history and the Fifty-Fifth Legislature’s enactment of the Voting Laws.”
Bolton also ruled that the voting laws primarily imposed burdens on county recorders and the attorney general, not voters.
“The Voting Laws’ ongoing database checks, investigations by the Attorney General, and potential rejection or cancellation of a voter’s registration are not burdens, but merely the consequences of not providing DPOC,” said Bolton. “Considering the evidence as a whole, the Court concludes that Arizona’s interests in preventing non-citizens from voting and promoting public confidence in Arizona’s elections outweighs the limited burden voters might encounter when required to provide DPOC.”
Bolton indicated that she was open to weighing the socioeconomic burdens for certain individuals — especially those considered marginalized — but that the Democratic parties and activist groups hadn’t presented any witnesses or evidence to prove that the voting laws would impede qualified voters from registering to vote or remaining on the voter rolls. Specifically, they didn’t estimate the quantity or demographics of those federal-only voters who lacked DPOC.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
A bill to combat the illegal immigration crisis at America’s southern border is one step closer to Arizona Governor Hobbs’ desk.
Last week, the Arizona House of Representatives passed HB 2748, which was sponsored by State Representative Joseph Chaplik. According to the overview provided by the chamber, the legislation “establishes penalties and enforcement against illegal border crossings.”
✅FOR IMMEDIATE RELEASE✅ House Republicans Vote to Protect State of Arizona from Democrats’ Historic Open Border Crisis
All 31 Republicans voted in favor of the proposal, while all 28 Democrats voted in opposition. One seat was vacant at the time of the vote.
“The Biden administration’s abject refusal to uphold federal immigration laws is anti-American,” Representative Chaplik said. “It is directly responsible for catapulting our southern border into a state of chaos and facilitating an invasion unprecedented in scale and severity. Democrats at every level are working overtime to keep America’s borders open and unsecure, and Americans should demand to know why.”
Chaplik’s colleague, Representative Rachel Jones added, “Arizonans will come out in droves to vote for elected officials who are listening to them on the #1 issue of concern, THE BORDER CRISIS. To my colleagues on the left, the people don’t believe your gaslighting and rhetoric anymore. Americans want to feel safe in their own country.”
Arizonans will come out in droves to vote for elected officials who are listening to them on the #1 issue of concern, THE BORDER CRISIS. To my colleagues on the left, the people don’t believe your gaslighting and rhetoric anymore. Americans want to feel safe in their own country. https://t.co/3gQiXdIz3Y
According to the press release from the Arizona House Republican Caucus, the “key provisions” of the bill include the following:
Establishing 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
Imposing 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
Elevating 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
Elevating the offense to a class 2 felony if the alien was removed after committing a felony
Providing for an order of return for aliens violating the law, with failure to comply constituting a class 2 felony
Granting immunity from civil liability for local and state government officials, employees, and contractors enforcing the law, with indemnification for civil actions under federal law
Mandating the Arizona Attorney General to pursue all available remedies to recover federal reimbursements for state costs incurred due to illegal immigration.
In pointing to the urgent need for state action to combat the border crisis, Chaplik’s communication also pointed to the following facts on the ground:
Cartels are cutting holes in border fencing and controlling cross-border activity.
169 immigrants on the terrorist watch list tried to cross the southern border in the past year
24,000+ Chinese nationals were apprehended crossing into the U.S. from Mexico
Over 150,000 gang members from Central and South America
Over 7 million illegal crossings in the last 3 years, and more than 1 million in the last 4 months.
HB 2748 will now be considered by the Arizona Senate. If approved by the Senate, the bill stands no chance of being signed into law by Democrat Governor Katie Hobbs, who, although she has recently increased the sharpness of her rhetoric against the federal government’s handling of the border crisis, has not agreed with most – if not all – of Republicans’ solutions to solve the lawlessness from a state level. In fact, legislative Republicans pointed out multiple times that Hobbs vetoed border-related bills in 2023, though she attempted to talk tough about the crisis in her January State of the State address.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Arizona legislators are taking action to honor the memories of fallen U.S. service members from the state.
On Monday, the Arizona House of Representatives passed HB 2818, which “requires all state agencies to lower displayed flags to half-staff upon the death of a service member having a home of record in Arizona,” according to the overview provided by the chamber.
✅FOR IMMEDIATE RELEASE✅ Arizona House Approves the “Dan Ari Act” Requiring Flags Lowered to Honor Fallen Servicemembers#HB2818 sponsor @QuangNguyenAZ: “This legislation is dedicated to the families of our servicemembers. Lowering the flags in respectful observance for a day… pic.twitter.com/pMda9IZ42x
The proposal passed the state house unanimously. Three members did not vote, and one seat was vacant.
State Representative Quang Nguyen, the bill’s sponsor, said, “This legislation is dedicated to the families of our servicemembers. Lowering the flags in respectful observance for a day is the least we can do to honor those who have paid the ultimate sacrifice in defense of our great nation. For many of the families, it is all they have left.”
HB2818, THE DAN ARI ACT, requires all state agencies to lower displayed flags to half-staff upon the death of a service member having a home of record in Arizona. Unanimous. pic.twitter.com/yL5e0hl00v
The bill would “direct the Governor to notify all state agencies to fly displayed flags in front of state buildings at half-staff within 48 hours after receiving notification of the death of a service member whose home of record is in Arizona.”
Earlier this month, the legislation was approved by the House Committee on Military Affairs & Public Safety with an overwhelmingly bipartisan vote of 13-1 (with one member voting ‘present’).
Representative Nguyen also explained why he had named the bill after one of his constituents, saying, “I’m proud to name HB 2818 in honor of my constituent Daniel Aragaki, known to friends as Dan Ari. Dan was among the many, many veterans who weren’t treated very well when returning from service in Vietnam. Today, he actively volunteers with the Veterans History Project and the Sedona Area Veterans Community Outreach, supporting and honoring veterans in our state.”
At the beginning of this month, a U.S. Marine, Sgt. Alec Langen, was killed, alongside of four others, in a military helicopter crash near San Diego. Sgt. Langen was from Chandler, and left behind a wife of one month. Arizona Governor Katie Hobbs shared her thoughts over the tragedy on her “X” account, saying, “I am heartbroken at the loss of Sgt. Alec Langen, one of the five Marines killed in this week’s helicopter crash. On behalf of the State of Arizona, I extend my deepest condolences to Sgt. Langen’s family as we grieve the passing of one of Arizona’s finest warriors.”
I am heartbroken at the loss of Sgt. Alec Langen, one of the five Marines killed in this week's helicopter crash.
On behalf of the State of Arizona, I extend my deepest condolences to Sgt. Langen's family as we grieve the passing of one of Arizona's finest warriors.
The next week, Governor Hobbs ordered flags at Arizona state buildings to be lowered to half-staff in honor of Sgt. Langen.
Flags are at half-staff today in honor of U.S. Marine Corps Sergeant Alec Langen, who was one of the casualties of the February 6 helicopter crash during a training flight in California. RIP https://t.co/IYOyBjZzdNpic.twitter.com/SjXvd8uaqg
Gov. Katie Hobbs’ office used the Arizona Department of Transportation (ADOT) drone to film the Pride flags on the Executive Tower last June.
AZ Free News is only now reporting on these facts because it took nearly nine months for the governor’s office to respond to our public records request.
Public records revealed that ADOT’s lead drone pilot captured at least 15 clips — over 21 minutes of raw footage — of the Pride flags hanging on Hobbs’ office. The displayed flags were the version of the rainbow Pride flag known as the “Progress Pride” flag, due to their inclusion of white, pink, and blue to represent transgenderism, and black and brown to represent both non-white individuals and those who died from HIV/AIDS.
The display was the first of the kind by the governor’s office. Hobbs previously hung a mainstream Pride flag while secretary of state in 2019, but legislative leadership removed it after several hours. Hobbs revealed the Pride flags on the first day of Pride Month.
“Kicking off pride month leaving no room for doubt that in Arizona, we celebrate the light and energy the LGBTQ+ community brings to our state,” said Hobbs.
Kicking off pride month leaving no room for doubt that in Arizona, we celebrate the light and energy the LGBTQ+ community brings to our state. I will continue to work alongside you until we have an Arizona where everyone, no matter who they are or who they love, has the safety,… pic.twitter.com/2ImKMEKkF3
— Governor Katie Hobbs (@GovernorHobbs) June 2, 2023
ADOT drones are intended for inspections and surveying work on state infrastructure, such as highways and bridges. They were acquired about six years ago through a combination of state and federal funding.
ADOT received much of its drone fleet through a Federal Highway Administration-sponsored Arizona Council for Transportation Innovation program in 2018. At the time, the drones cost $18,100 in federal funds and over $4,500 in matching state funds.
According to public salary data from 2022, ADOT’s lead drone pilot makes over $79,200 a year: an average of $41 an hour on a 40-hour workweek. Drone piloting also requires certification from the Federal Aviation Administration (FAA), which generally costs around $200.
As part of the display, public records documented how Hobbs invited guests to watch her unfurl the flags from the balcony and stand with her on the ground floor to admire the flags from below. Hobbs then hosted an hour-long “Pride Roundtable” with those guests.
— Arizona House Democrats (@AZHouseDems) June 1, 2023
Among those present at the roundtable were advocates of transitioning children’s genders, including those with personal experience like Lizette Trujillo. She was accompanied by her daughter, 15-year-old Danny, who identifies as a boy.
Other advocates present included two men identifying as women: Gaelle Esposito, lobbyist with Creosote Partners, and Jeanne Woodbury, interim executive director for Equality Arizona.
Today @GovernorHobbs unveiled Pride Flags on the Executive Tower— a demonstration of her commitment to the beautiful & rich diversity of our state.
Together, we’ll continue to uplift and support our state’s LGBTQ+ communities.
Additional public record requests revealed that the governor’s office sourced the flags from Phoenix Pride, the LGBTQ+ activist organization behind the annual Pride Festival. The organization reached out to the governor’s office last Easter.
Last year’s Pride Festival drew controversy for including overtly sexual displays such as genitalia and fetish costumes, nudity, and condom bars. Conversely, Hobbs’ takeaway from the festival last year was that the LGBTQ+ community was one of love and light.
Phoenix Pride is a powerful reminder that love unites us all. Joining last night’s festivities & celebrating the light of the LGBTQ+ community strengthened my commitment to building an Arizona for everyone. #phxPridepic.twitter.com/PW5u6LAHoI
Hobbs identified LGBTQ+ policies as her main priorities throughout her gubernatorial campaign. Her first executive order prohibited gender identity discrimination in state employment and contracts; however, Hobbs campaigned on taking anti-discrimination protections even further.
The governor promised to enact protections similar to those in Civil Rights laws: bans on LGBTQ+ discrimination in housing, education, adoptions, foster care, insurance, public accommodations, and credit procurement, as well as a ban on law enforcement profiling based on gender identity and sexual orientation.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
State Rep. Alex Kolodin (R-LD03) is urging the Arizona Senate to do away with a bill allowing the export of the Valley’s emergency water reserve.
The bill, HB2201 sponsored by State Rep. Tim Dunn (R-LD25), passed the House with bipartisan support, 33-23, on Monday. Kolodin said that such a measure would inevitably raise utility bills.
“HB2201 allows part of Scottsdale’s emergency water supply to be transferred to out-of-county users, raising our utility bills,” said Kolodin. “I voted no. Needs to die in the Senate!”
HB2201 allows part of Scottsdale's emergency water supply to be transfered to out of county users, raising our utility bills. I voted no. Needs to die in the Senate! pic.twitter.com/29I46oHCsA
Kolodin told AZ Free News that HB2201 will serve as a detriment to suburban ratepayers and force cities to compete for the dwindling supply.
HB2201 enables the interbasin transport of cities’ emergency groundwater supply from within the Harquahala Irrigation Non-expansion Area (INA) to any location within La Paz County. Dunn explained during last month’s hearing on the matter in the Natural Resources, Energy, & Water Committee that the bill would allow La Paz County to grow their existing water resources.
The Harquahala INA covers approximately 766 square miles within La Paz and Maricopa counties in the west-central portion of the state. Currently, Harquahala INA water supply may only be withdrawn and transported by the state and political subdivisions to the following initial Active Management Areas (AMAs): Phoenix, Tucson, Santa Cruz, Pinal, and Prescott.
AMAs rely heavily on mined groundwater and therefore come with higher levels of management than INAs. INAs regulate wells in rural farming areas where groundwater overdraft — the removal of too much water — is less severe. There are two other INAs in the state: Hualapai Valley and Joseph City.
These distinctions are outlined by Arizona’s Groundwater Management Act (GMA), passed over 40 years ago, which restricts interbasin water transportation for the state’s 51 groundwater basins in order to ensure AMAs maintain a 100-year water supply, also known as an assured water supply.
Healthy interbasin water transport hinges on a concept known as safe-yield: ensuring a safe balance between groundwater withdrawals and the natural and artificial recharging of water to AMA aquifers. Overdrafting can damage aquifer structure and limit future water storing capacity, increase the costs of drilling and pumping, and reduce the water quality.
Harquahala INA is considered an emergency savings account of sorts for water, saved in the event of prolonged drought: no groundwater has been transported out of the basin since 1990, according to the latest report from the Arizona Department of Water Resources (ADWR), the authority on water management. Yet, ADWR also reported that in almost all years from 2004-2022, the Harquahala INA had more water leaving the basin than entering mainly due to agriculture, which have made up 98 percent of the INA’s demand.
ADWR projected that annual supply would be insufficient for annual demand under any projected scenario over the next 50 years.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
