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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Many Arizona government officials marked the solemn Memorial Day holiday.
Senator Sonny Borrelli said, “As we head into the Memorial Day weekend, I know many of you might be marking the occasion with barbecues, parties, trips to the lake, and maybe even parades. During this time, I hope you’ll also take a moment to reflect on brave men and women who’ve selflessly served our country and paid the ultimate price so that we can have the freedoms we enjoy today. I served as a Gunnery Sergeant with the U.S. Marines, and l’ve lost a number of brothers and sisters in the military, so this is a somber time for me. We always knew the dangers we would be facing, but we did the job anyways because we love our country.
Borrelli added, “Across the street from the Arizona Capitol at Wesley Bolin Plaza, you’ll find a variety of memorials honoring those who’ve served at Pearl Harbor, in Vietnam, in World Wars 1 and II, the Korean War, and Desert Storm. I encourage you to make a visit sometime. Freedom isn’t free. God bless the fallen.”
The Arizona House Democrats Caucus “X” account shared, “Today, we honor and remember those who made the ultimate sacrifice for our freedom. Don’t forget to reflect and appreciate what Memorial Day is truly for.”
Governor Katie Hobbs posted a video to pay tribute to the solemn holiday, writing, “On Memorial Day, we come together to memorialize the brave men and women who laid down their lives for us. Today, I encourage every Arizonan to reflect on their lives and think about how they give back to their communities in their honor.”
The “X” account for the Office of the Arizona State Treasurer noted, “Arizona Treasurer Kimberly Yee honors and recognizes the brave men and women who made the ultimate sacrifice for our freedom.”
The Arizona Senate Republicans Caucus’ “X” account said, “Freedom comes at a high cost, and we must continually protect it as Americans. Thank you to the heroes who sacrificed it all for our country.”
Attorney General Kris Mayes added, “Today we honor & mourn the brave souls who gave their lives defending our country – the ultimate sacrifice. May we reflect on what they fought for, today and every day.”
House Speaker Ben Toma stated, “Today, we honor and remember the brave Americans who made the ultimate sacrifice for our freedom. Let us keep them in our hearts and minds this Memorial Day. God bless the departed, their families, and those currently serving protecting our great country.”
Phoenix Mayor Kate Gallego said, “On this Memorial Day, we honor the fallen heroes who gave their lives for our nation. We will always remember their courage and dedication.”
The Maricopa County Attorney’s Office shared a video from County Attorney Rachel Mitchell, writing, “On Memorial Day, we reflect on the bravery of those who gave everything for our freedom. We think of their family and friends who’ve lost so much so our communities may thrive in peace. Today, we honor and remember them.”
Peoria Mayor Jason Beck posted, “On this Memorial Day we remember and honor the brave men and women who lost their lives defending this great country. Let us never forget their courageous sacrifices in the pursuit of freedom.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Arizona legislative Republicans are again standing for election integrity.
Last week, Senate President Warren Petersen, House Speaker Ben Toma, and the Republican National Committee (RNC) filed a motion “for a partial stay of the injunction against the enforcement of those provisions of HB 2492 that:
1. Prohibit registered voters who have not provided documentary proof of citizenship (DPOC) from voting for President of the United States;
2. Prohibit registered voters who have not provided DPOC from voting by mail; or
3. Are inconsistent with the consent degree entered in League of United Latin American Citizens of Arizona v. Reagan.”
The case that the Arizona Legislature and the RNC weighed in on was Mi Familia Vota v. Fontes.
The Arizona State Senate Republican Caucus wrote, “Biden’s open border policies are causing chaos and eroding confidence in Arizona’s elections. Seems like common sense, but only American citizens should have the right to cast a ballot in our elections. Senate President Warren Petersen is fighting to block individuals who do not provide proof of citizenship from this privilege. Election integrity is being compromised, and we will not sit idly by while our state and country are run into the ground by flawed election practices. Today, we filed a motion asking a U.S. District Court to allow Arizona to enforce its laws that limit voting for president and voting by mail to only those who provide proof of citizenship.”
Speaker Toma added, “Arizona voting laws that require proof of citizenship are common-sense regulations & critical to ensuring confidence in Arizona elections. I intervened in the Mi Familia case last year to fully defend these laws in federal court. Today I asked the court to stay its injunction and allow Arizona to enforce its citizenship requirements in the 2024 election.”
“It’s common sense,” said President Petersen in an exclusive comment to AZ Free News. “If you are not a legal citizen, you should not have the right to vote in the US. Other countries prohibit non-citizens, and we should too. It is unfathomable that the Democrats and the judicial branch are fighting us on this issue.”
In a press release, the Republican National Committee noted the joint court filing, stating that it had “filed a motion to stay the court’s order, pending our appeal, that ruled Arizona cannot require proof of citizenship in mail voting and presidential elections. If successful, this means Arizona would require documentary proof of citizenship ahead of this year’s election as we fight the issue on appeal. This is a consequential legal step to stopping non-citizen voting in Arizona.”
In their brief, the intervenor-defendants argued that “the Ninth Circuit is likely to find that neither the NVRA nor the LULAC Consent Decree preempts HB 2492, [that] the partial nullification of HB 2492 irreparably injures the legislative intervenors as representatives of the state and of the legislative institution and inflicts a competitive injury on the RNC, [and that] the balance of equities and public policy support a partial stay.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Members of Arizona’s Republican legislative leadership are again taking action against harmful energy policies for their state.
Earlier this week, Arizona Senate President Warren Petersen and House Speaker Ben Toma sued the Environmental Protection Agency (EPA) over select regulations targeting gas-powered vehicles. The two legislative leaders also signed onto another lawsuit, which was led by a coalition of state attorneys general from across the nation, that challenged a California rule that would also have adverse effects in Arizona.
Joining Petersen and Toma on the legal filings in federal court against the EPA was the Arizona Trucking Association.
“These rules exceed the EPA’s statutory authority, are arbitrary, capricious, and an abuse of discretion,” said Senate President Warren Petersen. “In the absence of our Attorney General holding the Biden Administration accountable, the Legislature will gladly protect our citizens from this egregious abuse of power.”
In an exclusive comment to AZ Free News, Speaker Ben Toma said, “This latest California regulation attempts to override federal law, threatens to mandate the use of battery-electric vehicles, and targets owners and operators of trucking fleets. Arizona is among the top states that Californians have fled to in recent years. I joined this lawsuit to protect Arizona’s growing economy, business-friendly policies, and interstate commerce that produces fuel tax revenues for the state.”
“The EPA’s tailpipe emissions rules prioritize politics over science, posing a greater threat to public health by inflating the cost of essential and everyday goods,” said Tony Bradley, President & CEO of the Arizona Trucking Association. “Despite the trucking industry’s remarkable progress—already reducing 98.5% of emissions—we’re dedicated to further advancements through innovation and investment. Yet, the EPA’s impractical mandates, targeting a mere 1.5% of remaining emissions, burden us with unrealistic expectations and exorbitant costs. We proudly join the Arizona Legislature in challenging these detrimental regulations.”
One of the lawsuits asked the U.S. Court of Appeals for the District of Columbia Circuit to “declare [the] EPA’s final action (Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles – Phase 3) unlawful and vacate it.” The other took legal aim at the EPA’s final rule for Multi-Pollutant Emissions Standards for Model Years 2027 and Later Light-Duty and Medium-Duty Vehicles.
According to Arizona Senate Republicans, these regulations from the EPA “require by 2032 nearly 70% of all new vehicles and 25% of all new semitrucks or similar heavy-duty vehicles sold in the United States to be electric, guaranteeing to raise the costs of everything Arizonans purchase, and without adequate charging infrastructure in place or the necessary power grid capacity.”
The California lawsuit was led by the State of Nebraska and challenged California’s “ban [on] internal-combustion engines in medium- and heavy-duty vehicles.” Arizona Senate Republicans pointed out that “the rule applies to any fleets headquartered in Arizona, if they operate within California, which will create dire impacts to the supply chain and dramatically raise costs for Arizona trucking companies that will inevitably be passed onto their customers.”
“The climate change agenda from Democrats imposes expensive and unattainable goals on the automotive and trucking industries, which will undoubtedly lead to soaring consumer prices,” said Senator Frank Carroll, vice chairman of the Senate Committee on Transportation, Technology & Missing Children. “We don’t have the infrastructure to power these vehicles, and the average working-class citizen or trucking business can’t afford to purchase them.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Arizona Republicans and Democrats stepped up their messaging war after a legislative effort to launch a border-related ballot referral commenced in the state Senate.
On Wednesday, the Arizona Senate Committee on Military Affairs, Public Safety and Border Security held a hearing to consider HCR 2060, the newly amended ballot referral from Republicans to deal with the border crisis affecting the state.
Governor Katie Hobbs, a Democrat, took a proactive approach to opposing the legislative effort, issuing a statement to adamantly express her disdain for the referral. She wrote, “Passing a job-killing, anti-business initiative that demonizes our communities is not the solution to our border crisis. The bill I vetoed earlier this year lacked support from businesses, farmers, and law enforcement in border communities. This ballot initiative won’t secure our border. Instead, it will put Arizona entrepreneurs out of business, kill jobs and prevent law enforcement from keeping our communities safe. Arizona should not pay the price for the federal government’s inaction.”
Republican leaders in the Arizona Legislature were quick to respond to Hobbs’ statement against their bill. Arizona House Speaker Ben Toma, the sponsor of the referral, said, “Of course, Governor Hobbs and Demcorats like her and President Biden always oppose real effort to enforce America’s border and protect its citizens. Their deliberate open-border policies are disastrous and people have had enough.”
Senate President Pro Tempore T.J. Shope added, “This is a completely illogical statement not based on any type of reality…The real question I have for Governor Hobbs is, what have you done on the border other than veto bills? The people will have the final say and THE PEOPLE want strong border security!”
Maricopa County Attorney Rachel Mitchell, who attended a press conference with Arizona Republicans and law enforcement on Wednesday, stated, “This afternoon I stood with Arizona House Republicans, Arizona Senate Republicans, Law Enforcement and the Border Patrol Union on the Secure the Border Act. Fentanyl is pouring across the border. It’s getting into the hands of our young people. We must work to address the Biden Border Crisis. The voters will have a chance in November to approve this referendum and send a message to Washington DC. Enough is enough!”
On the other side, legislative Democrats shared their vehement disgust for the referral. State Representative Analise Ortiz posted, “Republicans lost on abortion, now they are changing the rules to go after our immigrant community and businesses. HCR 2060’s new language is SB 1070 ‘show me your papers’ law on steroids. It’s an unconstitutional, divisive, xenophobic, election-year dog whistle.”
Democrat members of the Arizona Latino Legislative Caucus put out a joint statement in opposition to the bill. They asserted, “Voters know that our state has come far since the dark days of SB 1070. Mexico is our largest trading partner, and our economies are intrinsically connected and aligned. This measure shows that Republicans are willing to sacrifice that progress and reverse our economic growth just to divide our state and hold onto power. We cannot, and will not let hate win.”
With the amendment to the original measure, HCR 2060 was approved by the Senate committee with a partisan 4-3 vote. It will now be considered by the full Senate chamber.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.