Arizona lawmakers will vote on allowing local police to arrest border crossers.

Arizona lawmakers are considering a controversial proposal that would make it a state crime to cross the Arizona-Mexico border anywhere except through a port of entry. The final vote on this proposal is set to take place on Tuesday, and if approved, voters will have the opportunity to decide in November whether this measure should become law.

This proposed measure would give state and local police the authority to arrest individuals who cross the border without authorization. Additionally, state judges would have the power to order those convicted of this offense to return to their home country.

The Arizona House Republicans took the unusual step of closing access to the upper gallery of the chamber before the session on Tuesday began, citing security concerns and the potential for disruptions. This decision was met with criticism by Democrats, who argued that the gallery should be open to the public.

The proposed law is similar to a Texas statute that is currently on hold due to legal challenges. The Arizona Senate approved the measure on a party-line vote, and if it passes the House, it will bypass Democratic Governor Katie Hobbs – who vetoed a similar proposal earlier in the year – and go directly to the ballot in November.

Supporters of the measure argue that it is necessary because the federal government has not done enough to prevent unauthorized crossings over Arizona’s border with Mexico. They claim that some individuals who enter the state without permission engage in identity theft and abuse public benefits.

On the other hand, opponents of the proposal warn that it could lead to racial profiling by law enforcement and result in additional costs for the state’s agencies. They are concerned that the law could damage Arizona’s reputation in the business world.

Proponents of the ballot measure dismiss these concerns, stating that officers would still need to have probable cause to arrest individuals who enter the state outside of ports of entry. They also highlight that the focus of the law is on the border region and does not target individuals across the entire state.

In addition to the immigration-related provisions, the proposal includes measures such as making it a felony to sell fentanyl that leads to a person’s death and requiring government agencies to verify noncitizens’ eligibility for benefits using a federal database.

Opponents of the proposal have raised concerns about potential legal costs, pointing to past cases where similar laws led to significant expenses for the state. They cite a 2005 immigrant smuggling ban that resulted in a costly legal battle and compliance costs.

If the proposal is passed, a first-time conviction for illegally crossing the border would be a misdemeanor punishable by up to six months in jail. Judges could also order individuals to return to their home countries after serving their sentences.

The measure includes exceptions for individuals who have lawful presence status or asylum granted by the federal government. It also stipulates that the provision allowing for the arrest of border crossers between ports of entry would not take effect until similar laws from other states have been in effect for 60 days.

This is not the first time Arizona lawmakers have sought to criminalize unauthorized migrants. In 2010, the state considered expanding trespassing laws to penalize immigrants unlawfully present in the country, although this provision was ultimately replaced with a requirement for law enforcement officers to question individuals’ immigration status.

Despite concerns about racial profiling, the U.S. Supreme Court upheld this questioning requirement. However, enforcement of other sections of the law was barred by the courts.