by Daniel Stefanski | Jul 17, 2024 | News
By Daniel Stefanski |
Arizona Senate Republicans won a legal challenge to keep their border security ballot measure on track for voters to decide its fate in the November General Election.
Last week, a Maricopa County Superior Court judge issued an order on an effort to stop HCR 2060 from being considered by state voters this fall, “denying applications for preliminary applications for preliminary injunction and declaratory judgment relief” in Living United for Change in Arizona v. Fontes.
In his order, Judge Scott Minder wrote, “Arizona’s constitution requires HCR 2060 to ‘embrace but one subject and matters properly connected therewith.’ HCR 2060 is intended to refer ‘responses to harms relating to an unsecured border’ to the people of Arizona for the November 2024 ballot. In this challenge, Arizona law requires Plaintiffs to overcome the strong presumption that the act is constitutional. Because a natural connection exists, i.e., all provisions are ‘responses to harms relating to an unsecured border,’ Plaintiffs have not met their burden to show a violation. Absent other challenges, the policies of HCR 2060 should be left to the voters.”
Judge Minder ruled “in favor of the defendants on all counts because the parties agreed to combine the trial on the merits with the argument for the preliminary injunction applications.”
Arizona Senate President Warren Petersen issued the following statement after the superior court judge ruled: “It’s unthinkable Democrats and our Governor would stand with Biden and radical left activists, instead of the hardworking Arizona families who are begging for their elected leaders to secure our border and promote safety within our communities. As expected, the court ruled in favor of sanity instead of chaos, and we’re grateful we are able to provide this opportunity to voters to have the final say on.”
“My colleagues and I worked tirelessly this session to create impactful legislation to help secure our border because the people of Arizona are desperately asking for it,” said Senator Janae Shamp. “The attempts from Arizona Democrats and radical left activists to deprive voters of the opportunity to decide on this matter is truly appalling. From the spreading of misinformation to the filing of frivolous lawsuits, they will stop at nothing to keep our border wide open and perpetuate Biden’s border crisis. The federal government has neglected the safety of our citizens, and the time has come to empower Arizonans to fight back against the tyranny. I wholeheartedly believe the Secure the Border Act will save countless lives, save billions in taxpayer dollars, and strengthen our national security.”
“While the Biden Administration continues to turn their backs on our law enforcement, we will not,” said Senator David Gowan. “These men and women are putting their lives on the line to protect our communities from the deadly crimes associated with the border crisis, and they deserve the tools and support they need to do their job. Our law enforcement reached a breaking point a long time ago. It’s now up to everyday Arizonans to stop the lawlessness.”
Last month, former President Donald J. Trump was asked about this ballot measure. He replied, “I endorse anything that is going to make it more difficult for people to come into our country illegally.”
Earlier this month, HCR 2060 was assigned a proposition number for the General Election ballot. It will be Prop 314.
The efforts from Arizona legislators to send this referral to state voters came months after Governor Katie Hobbs vetoed SB 1231, the Arizona Border Invasion Act, which would have “ma[de] 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[d] penalties for violations of illegally entering Arizona and provide[d] 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 state Senate.
Senator Janae Shamp, the sponsor of SB 1231, had vowed in the aftermath of the governor’s veto that members of her party would continue to push forward solutions to combat the border crisis. Republicans in both the Arizona House of Representatives and Senate came together to pass HCR 2060 earlier this spring, sending the border-related policies to the November General Election ballot.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Jun 12, 2024 | News
By Daniel Stefanski |
Arizona’s Republican Senate President is confident that a recently passed measure dealing with border security will survive legal scrutiny if passed by state voters in November.
Over the weekend, State Senate President Warren Petersen issued a statement after the Arizona House of Representatives put the finishing touches on a ballot referral, HCR 2060, to help law enforcement better protect citizens from the dangerous effects of the porous border.
Petersen said, “After Biden, our Governor, and Democrat lawmakers blocked all efforts to safeguard our citizens against the rampant crime from the border crisis, we’re relieved to announce the Secure the Border Act officially passed out of the Arizona Legislature this week and will head directly to the November ballot, bypassing the Governor. During the 12 years I’ve served in state office, never has this crisis been as dangerously severe as it is now, costing Arizona taxpayers more than $3 billion in 2023 alone.
The Senate President added, “Soon, Arizona voters will have an opportunity to take matters into their own hands in response to our federal government refusing to do its job. It’s unfortunate radical special interest groups are suing to try to stop our citizens from voting on an issue they consider a top priority.”
The suit that Petersen referenced was filed by Living United for Change in Arizona, which is a nonprofit corporation in the state. Victory PAC and two other qualified electors joined as plaintiffs in the state.
Democrat State Representative Oscar De Los Santos was one of the plaintiffs in the suit. He posted on his “X” account that he had “joined a lawsuit filed by LUCHA AZ challenging the constitutionality of HCR 2060, one of the most racially discriminatory, anti-immigrant pieces of legislation in Arizona history.
Explaining more about the legal challenge, De Los Santos wrote, “We allege that HCR 2060 – which embraces a hodgepodge of numerous and varied policies – violates Arizona’s single-subject rule, a provision of our state’s Constitution which stipulates that any one act must deal with only one issue.”
One of De Los Santos’ colleagues on the other side of the aisle, State Representative Quang Nguyen, countered the Democrats’ perspective, stating, “I’m an immigrant; elected and re-elected as a rep of a rural county; not caucasian; chair of jud; twice selected as an emerging leader nationally. NO, HCR 2060 is not an immigration bill and it is NOT anti-immigrants. It is anti-criminals.”
President Petersen projected confidence in the success of his side’s proposal going before Arizona voters to deal with the border crisis. He said, “We’re confident the Secure the Border Act will survive any scrutiny in court and will be approved by voters.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Jun 5, 2024 | News
By Daniel Stefanski |
Arizona voters will have the opportunity to empower local law enforcement to better secure their communities after the state legislature sent a measure to the November ballot.
On Tuesday, the Arizona House of Representatives passed HCR 2060, the Secure the Border Act, sending the proposal to the November General Election ballot. The vote was entirely along party lines.
House Speaker Ben Toma, who sponsored the original version of the ballot referral earlier this year, lauded the progress of the measure. Toma said, “Arizonans have had enough and want change. They want safe communities and a secure border. House Republicans do too. That’s why we crafted HCR 2060, the Secure the Border Act, a ballot referral with meaningful reforms to protect the integrity of Arizona’s workforce, strengthen criminal laws, and reinforce the rule of law in this state. Today’s final passage sends this Act to the ballot this November, so the will of Arizona voters is heard.”
The state House gallery was closed during the debate and subsequent vote for the bill, and Democrats made sure their displeasure was known. State Representative Alma Hernandez said, “Shameful. This is the people’s house. The public should have the right to be there. I don’t remember the last time I was here in the past six years when the gallery was closed to the public. They do not want the public watching. If they were so proud of the bill we are going to vote on today, there would be no reason to close down the gallery.”
The Arizona House Republicans Caucus “X” account responded to the accusations, writing, “Due to security concerns prompted by the shameful and illegally disruptive conduct by Democrats and their leftist allies, the House gallery is not open today. However, anyone who wants to come down to the House of Representatives and watch democracy live in action is welcome and the lights are on.”
During final consideration of HCR 2060 in the Arizona Senate last month, a group of protestors disrupted the legislative process with their shouting against the measure, forcing security to remove them from the gallery.
Arizona Senate Republicans also cheered on their colleagues in the other chamber for approving of this border-related ballot measure. After the vote, Senate President Warren Petersen and other Senators issued statements of support for the House’s action to send HCR 2060 to Arizona voters in November. Petersen said, “In the 12 years I’ve served here at the Arizona Legislature, never has the border crisis been as dangerously severe as it is now, costing Arizona taxpayers more than $3 billion in 2023 alone. As soon as Joe Biden took office, he rolled out the welcome mat for illegal crossings and criminal activity. Now, just months away from an election, he issues yet another executive order so that we’ll all of a sudden believe he cares about the chaos he’s constructed. The citizens of this state aren’t buying it, and they will take border security matters into their own hands this November.”
Democrat Governor Katie Hobbs, however, was not pleased with the result. In a series of posts on her official “X” account, Hobbs said, “As I’ve said time and time again: HCR 2060 will hurt Arizona businesses, send jobs out of state, make it more difficult for law enforcement to do their jobs, and bust the state’s budget. It will not secure our border. I have listened to the needs of border law enforcement and have done everything in my power to support their efforts to maintain a safe, secure, and humane border. What’s clear from my conversations with law enforcement on the ground is that HCR 2060 is not the answer.”
Attorney General Kris Mayes, also a Democrat, echoed Hobbs’ sentiments about the measure, stating, “Further straining law enforcement resources while implementing a measure that could lead to racial profiling is not the answer to creating safer communities. HCR 2060 is a political distraction that will sow seeds of bias and fear without fixing the issues it claims to address.”
The top political party organizations in Arizona also took opposing sides on HCR 2060. The Republican Party of Arizona posted, “It’s long past time to protect our communities, secure our borders, and give Arizonans a voice.”
The Arizona Democratic Party countered with their own reaction to the passage of the measure, writing, “Today, Republicans again voted to bring back SB 1070 era immigration politics by introducing a ballot referral that mirrors a Texas Law allowing local law enforcement to racially profile people.”
The efforts from Arizona legislators to send this referral to state voters comes months after Governor Katie Hobbs vetoed SB 1231, the Arizona Border Invasion Act, which would have “ma[de] 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[d] penalties for violations of illegally entering Arizona and provide[d] 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 state Senate.
Senator Janae Shamp, the sponsor of SB 1231, had vowed in the aftermath of the governor’s veto that members of her party would continue to push forward solutions to combat the border crisis. This week, Shamp took a victory lap after the state House gave the green light to HCR 2060, stating, “The time has come to empower Arizonans to fight back against the tyranny. I wholeheartedly believe the Secure the Border Act will save countless lives, save billions in taxpayer dollars, and strengthen our national security. We must stop the invasion now, otherwise, our beloved Arizona as we know it will be no more.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | May 24, 2024 | News
By Daniel Stefanski |
Amid protests in the chamber, Arizona Senate Republicans passed a controversial bill to give state voters an opportunity in the November General Election to take border security into their own hands.
On Wednesday, Arizona Senate Republicans reformed the lines around an amended HCR 2060 after a one-week delay, approving the measure after a spirited debate on the floor of the chamber. The legislators weren’t the only individuals making their presence known though, as some onlookers from the gallery interrupted the legislative process to chant “Stop the Hate.”
The protestors were forced to exit the gallery because of their outbursts.
On the floor, Senate Republicans rounded up all 16 votes to give a green light to the border-related measure. Thirteen Democrats voted against it, while one member did not vote.
“The Governor’s reckless disregard for the safety and well-being of our citizens has left us no other option than to send the Secure the Border Act to the ballot to empower Arizonans to take matters into their own hands,” said Senate President Warren Petersen.
According to Arizona Senate Republicans, the measure “would provide local, county, or state law enforcement the authority to arrest individuals who are non-U.S. citizens entering Arizona from Mexico outside of a lawful port of entry.” These enhanced tools for local law enforcement to protect their communities would go into effect only if the federal courts allow a similar policy (SB 4) in the State of Texas and if Arizona voters approve this measure in November. There are additional provisions in HCR 2060 that are not tied to the legal wrangling over SB 4.
The Arizona Senate Democrats’ Caucus “X” account expressed the sentiments of its members, writing, “Today has shown once again that the Republican majority at the legislature has failed Arizona. They rushed through another ballot referral, HCR 2060, that could easily lead to racial profiling across this state, it will give law enforcement unlimited state immunity, and cost taxpayer money to fight in court.”
Arizona Republicans were again clear about the urgent need for state officials to act on the border to protect innocent families. In the press release announcing the result of the vote on HCR 2060, Republicans shared information about the skyrocketing number of suspected terrorists entering the United States over the past four years – “more than 2500%” or 367 individuals.
The Senate Republicans’ “X” account noted that Democrats had voted against “protecting our citizens from border related crimes, providing law enforcement with tools to keep our communities safe, preventing known terrorists from entering Arizona, tougher punishments for criminals trafficking deadly fentanyl across the border, and preventing those who enter Arizona illegally from benefiting from your hard-earned taxpayer dollars and public resources meant for law-abiding citizens.”
The efforts from Arizona legislators to send this referral to state voters comes more than two months after Governor Katie Hobbs vetoed SB 1231, the Arizona Border Invasion Act, which would have “ma[de] 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[d] penalties for violations of illegally entering Arizona and provide[d] 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 state Senate.
In her veto letter to Senate President Warren Petersen, Hobbs said, “This bill does not secure our border, will be harmful for communities and businesses in our state, and burdensome for law enforcement personnel and the state judicial system. Further, this bill presents significant constitutional concerns and would be certain to mire the State in costly and protracted litigation.”
The Democrat governor has helped to lead the opposition against this measure since its inception a few weeks ago.
Senator Janae Shamp, the sponsor of SB 1231, pushed back on the governor’s opposition, saying, “The people of Arizona have had enough with Democrats turning a blind eye to the border invasion. The chaos Governor Hobbs and Democrat lawmakers are perpetuating from Biden’s open border fiasco needs to stop, and I’m confident it will, when voters make their voices heard in November.”
To ensure that all sixteen Republicans stayed together on final passage of HCR 2060, an amendment was introduced and passed on the Senate floor ahead of the vote to send the measure to the Arizona House. The amendment, in part, “specifie[d] that being a DACA recipient is not an affirmative defense to illegal entry if the program is cancelled or a federal court has issued a final order determining that the program is unlawful, and any appeals of the final order have been exhausted.”
Before the vote on the amended version, Senate Democrats attempted to preempt the Republicans’ efforts to clarify certain provisions of the measure. The Caucus’ “X” account stated that HCR 2060’s “current form is an unfunded mandate that will give near-unlimited immunity for ANY law enforcement officer across the state to arrest someone they suspect has entered the country illegally.”
HCR 2060 now heads to the Arizona House of Representatives, where it is expected to receive expedited consideration from Speaker Ben Toma, who is the sponsor of its original form.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by AZ Free Enterprise Club | May 17, 2024 | Opinion
By the Arizona Free Enterprise Club |
Illegal immigration is the number one issue heading into November’s election, and Democrats have no one to thank but themselves. Over the past three years, the left has single-handedly created an open-border disaster under the neglectful policies of a Biden administration that has completely abandoned its constitutional duty to protect each state from invasion. As ground zero for the current border crisis, the people of Arizona know this all too well.
A surge in illegal immigrants in the Tucson Border Sector along with a dramatic rise in the number of “gotaways” has left our state on edge. Meanwhile, cartel violence has increased near southern Arizona communities, and we’ve even seen a report revealing that thousands of “special interest aliens” from mostly Middle Eastern countries have been apprehended while crossing the border illegally in the past two years. And that’s just barely scratching the surface of the catastrophe that has become our border.
You would think that the governor of a state facing a daily invasion would do something, but Katie Hobbs has proven time and time again that she would rather ignore the problem and hope it goes away. So, after Hobbs vetoed the Arizona Border Invasion Act (SB 1231), which would have significantly enhanced our state’s border security, Republican legislators decided it was time to allow voters to take matters into their own hands through the Secure the Border Act (HCR 2060). And the response from Democrats has been telling…
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