Prop 314 - State Border Enforcement

Ballot Icon Ballot Measure

PASSED

Result Icon Result

CONSERVATIVE

BALLOT LANGUAGE

Proposition 314 makes it a crime for persons not lawfully present in the United States to submit false information in applications for public benefits and employment, and to enter Arizona outside ports of entry, or refuse to comply with orders to return. Criminalizes selling fentanyl that causes the death of a person.

WHAT IT MEANS

Yes

"Yes" vote means that you desire to make it a crime in Arizona for anyone illegally in the United States to:

  • submit false documentation when applying for a public benefit.
  • submit false information regarding authorization to work in the United States to a potential employer.
  • enter Arizona from a foreign country at any location other than a lawful port of entry.
  • refuse to comply with a court order to return to their country of origin or entry.

A "Yes" vote also means that you desire to:

  • criminalize the sale of fentanyl that causes the death of another person. 
  • require state courts to deport anyone convicted of illegal entry.

No

"No" vote will keep current Arizona laws regarding border enforcement and the sale of fentanyl.

ARGUMENTS FOR AND AGAINST

Yes

  • “Open border policies have allowed 10 million illegal aliens to cross the border into the United States since President Biden took office. American jobs and families are threatened every day by the constant influx of illegal aliens invading the country. Prop 314 is a meaningful, commonsense proposal to protect the safety and well-being of our communities. Arizona spends $2.3 billion a year on expenditures for illegal aliens, according to an estimate from the Federation for American Immigration Reform. Prop 314 would limit this strain on social services by ensuring that public benefits are only utilized by those who are lawfully present in the United States. Runaway government spending has resulted in soaring prices for Arizonans making housing, groceries, and day-to-day life unaffordable and the American dream unattainable. Prop 314 protects jobs by helping employers maintain a legal workforce by strengthening penalties for submitting false employment eligibility documents through E-Verify. Violent crimes committed by illegal aliens have also spiked during President Biden’s time in office. Prop 314 empowers law enforcement to keep our communities safe by establishing penalties and enforcement against illegal border crossings. Vote YES on Prop 314 to protect social services, jobs, and communities!” - Nathan Duell, Arizona State Director, Heritage Action for America 

  • “A YES vote on Prop 314 means law enforcement has the tools they need to stop the future flow of human trafficking and fentanyl across the border. - A YES vote on Prop 314 means current legal immigrant neighborhoods in Arizona do not have to worry about violence from the cartels and gangs being imported onto their streets. As we lose more local enforcement, the most vulnerable neighborhoods face an incredible increase in violence where it’s now unsafe for children to play outside with their friends. - A YES vote on Prop 314 only allows law enforcement to remove people who are witnessed to have crossed illegally over the border after the proposition becomes law. - A YES vote on Prop 314 does not impact people who cross over the Arizona border through a legal port of entry or who were already in America before the law was passed. - A YES vote on Prop 314 means less strain on our classrooms and housing where citizens have greater access to the resources funded by our tax dollars. - A YES vote on Prop 314 means a better quality of life for all Arizonans.” - Merissa Hamilton, Restore Our American Republic PAC 

  • “Since 2020, the Biden administration has created an unprecedented National Crisis by allowing millions of Illegal Immigrants to flood across our Borders through a corrosive and self-destructive “Open Borders” policy. Voting “Yes” on Prop 314 will allow Arizona law enforcement to do the job the federal government refuses to do. Voting “Yes” on Prop 314 will make it a State Crime for foreign nationals to illegally enter Arizona by avoiding lawful immigration ports of entry and allow Arizona policing agencies to arrest and detain these individuals for adjudication and deportation proceedings. Voting “Yes” on Prop 314 will strengthen the federal E-Verify program and will deny Public Taxpayer Benefits to those here illegally. Opponents of Prop 314 claim that it will cost the State of Arizona “millions of dollars” in enforcement and incarceration costs while conveniently omitting the fact that billions more will be saved by cutting off benefits and services to foreign lawbreakers who shouldn’t be here in the first place. Do the right thing by restoring law, order, common sense and dignity to a broken Federal Immigration System.” - Tim Rafferty, Secretary, RidersUSA 

No

  • “The ACLU urges a NO vote on Proposition 314, a dangerous ballot referral that would set the state backwards by reviving its dark history of discriminatory and unworkable immigration laws. This extreme proposal would invite racial profiling, harming citizens and immigrants alike. It would also violate the basic human rights of people seeking asylum and other immigrants. Proposition 314 is also a direct assault on the asylum process, disregarding essential safeguards in federal law intended to ensure individuals fleeing persecution in their home countries have a fair chance to seek protection in the United States. A deeply anti-immigrant measure, Proposition 314 could be enforced anywhere in the state, including against small children and elderly people, and even at sensitive locations like schools, hospitals, or places of worship. Finally, Proposition 314 is an unfunded mandate projected to cost Arizona taxpayers hundreds of millions of dollars annually in court and incarceration costs alone. A NO vote on Prop 314 ensures that Arizona remains a welcoming place for all our communities, and rejects this cynical attempt to turn back the clock to a darker time.” - Scott Greenwood, Executive Director, ACLU of Arizona 

  • "The League of Women Voters of Arizona strongly opposes proposition 314 which would empower state and local law enforcement agencies to arrest people who have entered the country illegally, and it would impose criminal liability on anyone who sells “lethal fentanyl.” Provisions of this proposition include: making it a state crime for noncitizens to enter the state at any location other than the port of entry; allowing state and local police to arrest noncitizens who cross the border unlawfully; allowing state judges to order deportations. This proposition poses a significant threat to those who have been granted Deferred Action for Childhood Arrivals (DACA) status before 2021, potentially subjecting them to increased risks of incarceration and deportation. U.S. district courts have ruled that individuals who obtained DACA status on or before July 16, 2021, are protected, yet this proposition attempts to undermine those protections. In addition, this proposition would have a negative impact on the safety and well-being of minor children, as it would lead to the separation and detention of families arrested on suspicion of legal violations. This proposition is an attempt to repeat Senate Bill 1070, the 14-year-old law that led to rampant racial profiling, ongoing legal costs, and a significant blow to Arizona’s reputation. The legacy of economic damage, law enforcement targeting, and incarceration of members of marginalized communities must not be repeated. ” - Pinny Sheoran, President, League of Women Voters of Arizona

  • “This proposition advocates for stringent enforcement measures at the border, prioritizing ‘border security’ over humanitarian concerns. Such an approach neglects the health needs of migrants and border communities, increasing health risks and suffering. Public health emphasizes equitable access to care, regardless of immigration status. Policies that marginalize and criminalize migrants undermine public health efforts and fail to address complex health needs at the border, leading to broader community health issues. This harmful proposition also provides blanket immunity for law enforcement actions – even further eroding accountability among law enforcement.” - Arizona Public Health Association 

FINANCIAL BACKING

The following information provides insight into the money being spent to pass or defeat the ballot measure.

Yes

ARIZONA PROPOSITION 314 - IMMIGRATION AND BORDER LAW ENFORCEMENT MEASURE

This question is on the ballot in Arizona as a legislatively referred constitutional amendment on November 5, 2024. As of September 10, 2024, no committee to support or oppose the amendment has been identified. Thus, there is no record of funds raised to support either position.

No

ARIZONA PROPOSITION 314 - IMMIGRATION AND BORDER LAW ENFORCEMENT MEASURE

This question is on the ballot in Arizona as a legislatively referred constitutional amendment on November 5, 2024. As of September 10, 2024, no committee to support or oppose the amendment has been identified. Thus, there is no record of funds raised to support either position.

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