Court Upholds Arizona’s Secure The Border Act, Dismissing Legal Challenges

Court Upholds Arizona’s Secure The Border Act, Dismissing Legal Challenges

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.

Hamas-Linked Group Crafted Arizona Senate Proclamation Honoring Lost Muslim Lives

Hamas-Linked Group Crafted Arizona Senate Proclamation Honoring Lost Muslim Lives

By Staff Reporter |

A group with ties to the terrorist organization Hamas, CAIR-AZ, was invited as honored guests of the Arizona Senate on Tuesday.

CAIR-AZ attended Senate proceedings for a proclamation honoring the deaths in Palestine, Sudan, Congo, and Lebanon. 

“This is a historic step for the Muslim community and CAIR-AZ, as we have worked tirelessly to get this proclamation passed,” stated the organization in an Instagram post.

The proclamation, SR1001, declared Arizona’s recognition and mourning of the loss of lives in Palestine, Lebanon, Sudan, and Congo due to the ongoing humanitarian crises. The proclamation declared February to be “a month of remembrance and solidarity” for those countries. 

Preceding the proclamation was a prayer from Omar Al-Tawil, an imam at the Islamic Community Center of Tempe and a chaplain for Muslim students at Arizona State University. 

SR1001 was introduced by Senator Analise Ortiz and co-sponsored by Sens. Bravo, Diaz, Miranda, and Sundareshan. Ortiz later appeared in photos with the CAIR-AZ activists celebrating the proclamation’s passage. 

Those present included Khaled Beydoun, a pro-Hamas activist and Arizona State University associate law professor; Azza Abuseif, executive director of CAIR-AZ, lead organizer of Women’s March Phoenix, and Arizona State Director of NextGen America; Tarteel Alimam, executive administrator at CAIR-AZ; Zakir Siddiqi, co-chair of the Arizona Green Party and co-owner of the WhereUBean Coffee; and former lawmaker Martín Quezada, now the lawyer for CAIR-AZ. 

Also present were representatives for the activist organizations AZ AANHPI for Equity, Our Instituto, AZ PACC, Progress Arizona, One Arizona, Comunidad Maya Pixan Ixim, and CHISPA Arizona. 

In a press release, CAIR-AZ took credit for SR1001’s passage. 

“At a time when the world bears witness to immense suffering and injustice, it is crucial to recognize and remember those who have perished due to violence, conflict, and humanitarian crises,” said Abuseif.

The inclusion of the group resulted in ire from Arizonans witnessing the display.

“Who’s bright idea was it to let terrorist-simps spread their propaganda on the AZ Senate floor?” asked one Arizonan.

In addition to advocating for Hamas, CAIR-AZ has taken to protesting against immigration enforcement efforts. The group participated in a protest against SB1164, or the “Arizona ICE Act.” This legislation allows the U.S. Attorney General to enter into agreements with state and local law enforcement for the purpose of enforcing federal immigration laws. This would enable Arizona law enforcement to investigate, apprehend, and detain illegal aliens. 

CAIR-AZ also advocated against Proposition 314, the “Secure the Border Act” approved by voters last November. The proposition requires state and local agencies to verify immigration status prior to giving out government benefits, makes it a crime for illegal aliens to apply for government benefits with false information, and enhances punishments for selling fentanyl produced outside the U.S. A portion of the proposition directing law enforcement to arrest illegal aliens remains unenforceable due to court orders in other states. 

The national affiliate for CAIR-AZ, CAIR, is an entity of the Muslim brotherhood linked to Hamas activities. 

CAIR leaders celebrated the October 7 terrorist attack on Israel.

AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.

Opening Day Of Arizona Legislative Session Focused On Border Security

Opening Day Of Arizona Legislative Session Focused On Border Security

By Daniel Stefanski |

Border security was again a hot topic on the first day of the Arizona Legislative session for 2025.

Arizona Governor Katie Hobbs gave her State of the State address on Monday and discussed the issue of border security during her speech. Hobbs said, “A truly thriving economy means security for our families and neighbors. That’s why safe communities are a core pillar of the Arizona Promise and why I’ve made border security a top priority… We must remain vigilant in protecting Arizonans from the cartels who seek to do us harm. The fentanyl crisis is one of the greatest threats to public safety in our state’s history and requires a collaborative approach across state, local, and federal governments. When we work together, we protect Arizona families. I will continue working with this legislature to protect our border because until all Arizonans feel secure in their communities, we will not be able to deliver on our Promise of freedom and opportunity.”

Republicans were not amused by the governor’s comments, highlighting the many times she has opposed efforts to secure the border and protect Arizona communities from the harms and dangers wrought by illegal immigration. Arizona Senate President Warren Petersen said, “When the Governor promised to prioritize border security last year, her actions did not match her words. She vetoed our border bills. But, the voters spoke loud and clear last November. They want their government to enforce the law and secure our open border. We will support President Trump and our law enforcement in their efforts to protect Arizonans from the crime pouring into our communities and jeopardizing our national security.”

Senate President Pro Tempore T.J. Shope added, “If the Governor or any other elected leaders choose to stand in the way…get ready for court. The Republican-led Arizona Legislature vows to uphold the rule of law, and we will exhaust all legal options to ensure the chaos we’ve lived for the past four years comes to an end.”

Late last year, Hobbs released an ambiguous post on her official X account, indirectly taking aim at the Trump administration’s forthcoming actions on the border after his momentous victory over Vice President Kamala Harris in the historic November General Election. She said, “Securing our border is not a red issue or a blue issue. It’s an Arizona issue and an American issue. I’ll work with anyone to secure our border while standing up to misguided policies that attack Arizonans.”

Thus far in her administration, Hobbs has resisted most attempts by Republicans to maximize Arizona’s resources and laws to better protect communities against the harms from illegal immigration. That resistance led to state legislative Republicans sending a border security ballot measure to voters this past November – Proposition 314, which gave local law enforcement more tools to combat illegal immigration across the state. Arizona Republicans are expected to continue to search for ways to assist the Trump Administration to stop the flow of illegal immigration into and through their state over the next two years.

Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.

Tucson Mayor Pledges To Protect Illegal Immigrants From Trump Border Czar’s Plans

Tucson Mayor Pledges To Protect Illegal Immigrants From Trump Border Czar’s Plans

By Daniel Stefanski |

One Arizona Democrat appears to be leading the charge against the incoming Republican presidential administration’s plans to secure the nation’s southern border and protect Americans.

Late last month, Tucson Mayor Regina Romero released a statement in opposition to President-elect Donald J. Trump’s border security and enforcement proposals once he takes the oath of office on January 20, 2025. She wrote, “I want to reassure every single resident that I am committed to do all we can to keep our community safe. I am deeply troubled by President-Elect Trump’s plans for mass deportation. I believe they are cruel and immoral. I will work with our police chief to make sure that our focus remains on protecting and serving Tucsonans. Here in Tucson, we know how to stand up and fight against hate and racist laws. Part of our history is coming together with our faith leaders and families from separation. I am unwavering in my commitment to this fight.”

Romero added, “While we do not have specific details about how mass deportations will be carried out by President-Elect Trump’s administration, we do know that it will be painful to children, families and our immigrant community. We do not have the exact details as to when and if Proposition 314 goes into effect, we know that this hate-filled proposition draws from SC 1070 – the show me your papers law. We are a compassionate city that knows we are stronger together and that values our multi-racial heritage. Justice will prevail.”

The Democrat mayor’s fiery comments earned a response from Trump’s incoming Border Czar, Tom Homan. On the Fox News Channel with host Laura Ingraham, Homan said, “We got children dying on the border every day. We got women being sexually assaulted by the cartels every day. Someone is going to die on the border tonight. Women are being raped on the border tonight. So what’s cruel about securing that border and saving lives, first of all? But I’ll give her the same warning I’ve given the rest of the sanctuary city mayors and the governors: you can not help us. That’s fine. You should get the hell out of the way, then, ’cause we’re going to do the job.”

Homan also stated, “And we got one hell of an attorney general coming in, Pam Bondi. I think she’ll read that statute the same way I do it. I’m not a lawyer, but I can read, and we’re going to have consequences of people violating the law and try to prevent us from doing our job.”

Romero appeared to be the loudest Arizona Democrat who stood against the announced policies and plans of the Trump administration, but she wasn’t the only one in opposition. Last month, Governor Katie Hobbs released an ambiguous post on her official X account, indirectly taking aim at the Trump administration’s forthcoming actions. She said, “Securing our border is not a red issue or a blue issue. It’s an Arizona issue and an American issue. I’ll work with anyone to secure our border while standing up to misguided policies that attack Arizonans.”

Thus far in her administration, Hobbs has resisted most attempts by Republicans to maximize Arizona’s resources and laws to better protect communities against the harms from illegal immigration. That resistance led to state legislative Republicans sending a border security ballot measure to voters this past November – Proposition 314, which gave local law enforcement more tools to combat illegal immigration across the state. Arizona Republicans are expected to continue to search for ways to assist the Trump Administration to stop the flow of illegal immigration into and through their state over the next two years.  

This week, the Trump Administration may have received a legal boost to its future efforts to remove illegal aliens from the country. On Tuesday, a panel with the U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s judgment for the federal government in USA v. King County, which held that a local jurisdiction’s Executive Order, which prohibited fixed base operators (FBOs) from servicing U.S. Immigration and Customs Enforcement (ICE) charter flights, violated the law. That decision will likely be key in the new year, if and when local officials, like Romero, may attempt to obstruct the federal government’s actions when it comes to deportations and enforcement of U.S. immigration laws.

Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.

Senate President Highlights Exorbitant Cost Of Illegal Immigration For Arizona Taxpayers

Senate President Highlights Exorbitant Cost Of Illegal Immigration For Arizona Taxpayers

By Daniel Stefanski |

Arizona’s Senate President recently highlighted the exorbitant cost of illegal immigration to his state.

Last week, state Senator Warren Petersen shared a recent study on what the city of Denver, Colorado was spending on illegal immigration. He contrasted Denver’s “sanctuary city” approach to that just experienced by the State of Arizona, where voters passed a border security ballot measure, Proposition 314.

Petersen said, “And the media in AZ was pushing a false narrative that it would cost us money to enforce immigration laws. When in fact we save money. The cost of illegal immigration to AZ is 2 Billion. Cost of enforcement is significantly less. The voters didn’t buy the false media narrative. They passed our border security act by nearly 2 to 1.”

The study promoted by the Arizona legislator was from the Common Sense Institute, which showed that Denver had expended $356 million of taxpayer dollars on illegal immigrants – almost $8,000 per foreign national purportedly in the municipality, which amounts to eight percent of its 2025 budget.

According to the Federation for American Immigration Reform (FAIR), illegal immigration cost Arizona taxpayers around $3.19 billion in 2023 – an annual burden of $1,189 for each state household (or each illegal alien costing the state $5,230). As in Denver, a large share of that financial total was for educational expenses ($1.36 billion). More than half a billion dollars was shelled out for police, legal, and corrections in the Grand Canyon State.

In 2023, it was estimated that 453,000 illegal immigrants lived in Arizona, with their households sending 109,602 students to local schools.

Last month, Arizona voters overwhelmingly passed Proposition 314, which was referred to the ballot by Republican legislators earlier this year – with almost 63% of voters supporting the measure. Prop 314, which mostly is in effect now, gives local law enforcement and communities more resources to combat illegal immigration in their state and to protect innocent men, women, and children from the dangers that the open border has increasingly presented over the past four years of the Biden-Harris administration.  

Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.