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Activists said they were emboldened Tuesday afternoon following the delay of a vote on an immigration bill in the Arizona state Senate. By Jose Gonzalez & Mary Jo Pitzl, AZCentral Republicans are trying to pass House Concurrent Resolution 2060 as a ballot measure for November’s general election following amendments tacked on last week. The Senate vote is now slated for May 22. If it passes, a vote will come up June 4 at the House of Representatives. "I’m hopeful for sure now," said Osvaldo Alvarez, a community organizer with Living United for Change in Arizona (LUCHA). "This gives us more time to spread the word on what’s going on." Alvarez said LUCHA and other groups like Poder Latinx would coalesce to bring more opponents to the bill during votes next week at the Capitol. Not enough votes The Senate postponed a vote on the measure, citing the absence of a Republican senator whose vote remains crucial to reaching the 16 votes needed to pass the referral. But Republicans are also dealing with a series of proposed changes from Sen. Ken Bennett, R-Prescott, that might be a hard sell to some of the Senate’s hard-right conservatives. Bennett proposes eliminating any language pertaining to people who came into the state under the provisions of DACA, the Deferred Action for Childhood Arrivals program. Bennett said he didn’t want to see any of those individuals punished retroactively for having come across the border years ago. He also wants to make all offenses outlined in the measure punishable as a Class 1 misdemeanor on the first offense. Currently, some offenses are felonies. Overall, Bennett said his intent is to ensure the bill lives up to its name and keeps its focus on the border, as opposed to authorizing detentions that may happen statewide. "I’m concerned overall about the reputation of the state and our ability to maintain a good working force for the businesses that require good workers," he said. "But people in Arizona need to be here legally." He also said he’s concerned about what would happen to children who cross the border with their family other than at a legal port of entry. Children cannot be incarcerated with adults and the law is silent on where they would be detained. Bennett said he doesn’t have a solution for that yet. Asked if he would vote against HCR 2060 if it didn’t meet his requirements, Bennett said there are certain things he will hold out on, although he would not detail them. "There are some things if we don’t get, I won’t vote for it," he told reporters. Still rallying In the morning, activists tried entering the gallery with shirts protesting the Republican support of the bill. The single-letter shirts spelled out GOP STOP THE HATE. A security guard stopped the demonstrators from entering.About 30 activists recouped across the Capitol under the shade of trees at Wesley Bolin Plaza.Before the late morning break was over, Sen. Anna Hernandez, D-Phoenix, approached the activists to urge them on.The bill is "terrible legislation for our people," Hernandez said, likening HCR 2060 to SB 1070, the tough immigration enforcement bill enacted in 2010. "We saw how that tore our families apart, and that’s what we’re trying to stop." The vote delay was a response by her colleagues to activist turnout, Hernandez told the crowd. "Please keep showing up. It is so, so important to see you in there and for you to take up space because these chambers, they are not friendly to our people," Hernandez said, signaling to the buildings across the plaza and past Washington Street. On Saturday, LUCHA and other groups rallied outside the Capitol ahead of Tuesday’s expected vote. Activists anticipated returning Wednesday for a possible House vote but after about an hour in the gallery, Alvarez alerted them of the weeklong postponement. Organizers would celebrate the delay over lunch, he said. Link to original article: https://www.azcentral.com/story/news/politics/legislature/2024/05/14/republican-backed-immigration-ballot-measure-stalls-in-arizona-senate/73680594007/

Immigrant rights activists rally against HCR 2060 at Arizona Capitol By Jose Gonzalez, La Voz Leer en español mas abajo Outside the lawn of the Arizona state Capitol on Saturday, Gina Mendez reflected on the 18-year battle she and others have waged against legislation they consider anti-immigrant and racist. The 33-year-old Mexican American and south Phoenix resident walked out of Cesar Chavez High School as a freshman student in 2006 to protest an immigration enforcement bill ultimately vetoed by then-Gov. Janet Napolitano. The bill was an iteration of 2004's Protect Arizona Now — a proposed law that would have blocked services to undocumented immigrants and was a precursor to Senate Bill 1070, which was aimed at driving that population out of the state by "attrition through enforcement" means. Mendez, who acts as organizing director for Living United for Change in Arizona (LUCHA), was joined by more than 100 activists from multiple organizations in a rally decrying House Concurrent Resolution 2060. "It's scary," Mendez said of HCR 2060, which is likely to be approved Monday by Republicans as a ballot measure in the general election. The activist shared that the ballot is creating a climate targeting people like Mendez's mother, a naturalized U.S. citizen who was born in Mexico and is Spanish monolingual. "I think about how this law will directly impact her, and how police can harass her and ask her for her status, even though she's a citizen," said Mendez. "And that's just based on the skin color and her language." She said racial profiling has led to her and fellow organizers being stopped by border patrol when traveling between the organization's Cochise County and Phoenix offices. "We are here to say, 'No more. We're not doing that anymore'" HCR 2060 would cut off public welfare programs based on residency status. Amendments made Thursday include requiring prisons take in detained migrants. The law would remove, by court ruling, the exemption in place for Deferred Action for Childhood Arrivals (DACA) recipients, who are those brought in as children and are commonly referred to as "Dreamers" after failed legislation called the DREAM Act. LUCHA's chief of staff, Abril Gallardo, 33, is herself a "Dreamer." "This bill is worse" than SB 1070 because of its targeting of DACA recipients, Gallardo said. Still, Gallardo expressed resolve. She participated in high school walkouts against SB 1070, but argued immigrant rights activists are better organized than in 2010. "We are here to say, 'No more. We're not doing that anymore,'" Gallardo said. "We're not going anywhere. We're stronger than ever." Gallardo mentioned LUCHA plans to knock on a million homes to campaign against the ballot. "Our movement has grown since the last time that we saw a bill like SB 1070. Our political force is bigger. The political landscape in Arizona has transformed," said Raquel Terán, a former state senator and Arizona Democratic Party chair who is running for the U.S. House in the 3rd Congressional District. Terán remembers rallying against SB 1070 at the Capitol. "The engagement is at a different level. Most importantly, bills like this are bad for the community, they're bad for the state and they're bad for business," Terán said. The nonpartisan think tank Grand Canyon Institute found HCR 2060's border enforcement provision would cost the state $185 million a year. Mendez pointed to the report's figures as she lobbied against state lawmakers she said "push legislation to criminalize undocumented people." Link to original article: https://www.azcentral.com/story/news/local/phoenix/2024/05/12/immigrant-rights-activists-rally-against-hcr-2060-at-arizona-capitol/73657799007/ 'No más': Activistas de Phoenix se manifiestan en contra de controvertida medida HCR 2060 A temprana hora del sábado, a las afueras del Capitolio de Arizona, Gina Méndez reflexionó sobre la batalla de 18 años que ella y otros han librado contra una legislación que consideran antiinmigrante y racista. La méxicoestadounidense de 33 años y residente del sur de Phoenix salió a la calle desde su Escuela Secundaria César Chávez cuando era estudiante de primer año en 2006 para protestar contra un proyecto de ley de control de inmigración que en su momento fue vetado por la entonces gobernadora Janet Napolitano. El proyecto de ley fue una iteración de Protect Arizona Now de 2004, una ley propuesta que habría bloqueado los servicios a inmigrantes indocumentados y fue un precursor del Proyecto de Ley Senatorial 1070, ley conocida como la "muéstrame tus papeles" que permitía a agentes estatales implementar la ley migratoria —esa aplicación solo le pertenece al gobierno federal. Méndez, quien actúa como directora organizadora de Living United for Change en Arizona (LUCHA), estuvo acompañada por más de 100 activistas de múltiples organizaciones en una manifestación el sábado en protesta de la Resolución Concurrente 2060 de la Cámara de Representantes, o HCR 2060. "Da miedo", dijo Méndez sobre la medida, que probablemente será aprobada esta semana por los republicanos y pasará a los votantes como medida en la boleta en las elecciones generales de noviembre. La activista compartió que la HCR 2060 está creando un clima dirigido a personas como la madre de Méndez, una ciudadana estadounidense naturalizada que nació en México y es monolingüe en español. "Pienso en cómo esta ley la afectará directamente y cómo la policía puede acosarla y preguntarle por su estatus, aunque sea ciudadana", dijo Méndez. "Y eso se basa sólo en el color de la piel y su idioma". Dijo que la discriminación racial ha llevado a que ella y sus compañeros organizadores sean detenidos por la patrulla fronteriza cuando viajaban entre las oficinas de la organización en el condado de Cochise y Phoenix. 'No más. Ya no haremos eso' HCR 2060, conocido como la "segunda versión de SB 1070", daría poder a oficiales locales de arrestar a inmigrantes indocumentados y deportarlos sin pasar por el procesamiento federal que existe actualmente y ofrecería protecciones a los agentes que participen en estas actividades, incluyendo inmunidad civil y derecho a indemnización por incidentes ocurridos durante el cumplimiento de la ley. La medida también agrava las penalidades contra cualquier persona que presente documentación falsa para obtener beneficios públicos estatales o locales y estipula como requisito el uso del programa de Verificación Sistemática de Extranjeros para sus Derechos (SAVE por sus siglas en ingles) por medio del cual la oficina de Servicios de Inmigración y Ciudadanía de los Estados Unidos verifica el estatus migratorio o la ciudadanía de solicitantes de beneficios. Las enmiendas presentadas el jueves incluyen exigir que las cárceles acepten a los inmigrantes detenidos y establece la venta de fentanilo como un delito grave, aumentando las penas por cargos relacionados. La ley también eliminaría, mediante fallo judicial, la exención vigente para los beneficiarios de Acción Diferida para los Llegados en la Infancia (DACA), que son aquellos traídos cuando eran niños y comúnmente conocidos como "Dreamers" después de una legislación fallida llamada DREAM Act. La jefa de gabinete de LUCHA, Abril Gallardo, de 33 años, es una "Dreamer". "Este proyecto de ley es peor" que el SB 1070 debido a que está dirigido a los beneficiarios de DACA, dijo Gallardo. Aun así, expresó su determinación. Participó en huelgas en escuelas secundarias contra la SB 1070, pero argumentó que los activistas por los derechos de los inmigrantes están mejor organizados que en 2010. "Estamos aquí para decir: 'No más. Ya no haremos eso'", dijo Gallardo. "No vamos a ninguna parte. Somos más fuertes que nunca". Gallardo mencionó que LUCHA planea tocar un millón de hogares para hacer campaña contra lo que podría convertirse en medida electoral. "Nuestro movimiento ha crecido desde la última vez que vimos un proyecto de ley como el SB 1070. Nuestra fuerza política es mayor. El panorama político en Arizona se ha transformado", dijo Raquel Terán, exsenadora estatal y presidenta del Partido Demócrata de Arizona que se postula para la Cámara de Representantes de los Estados Unidos en el tercer distrito del Congreso. Terán recuerda haberse manifestado contra la SB 1070 en el Capitolio. "El compromiso está en un nivel diferente. Lo más importante es que proyectos de ley como este son malos para la comunidad, son malos para el estado y son malos para los negocios", dijo Terán. El grupo de expertos no partidista Grand Canyon Institute concluyó que la disposición de control fronterizo de HCR 2060 le costaría al estado $185 millones al año. Méndez señaló las cifras del informe mientras presionaba contra los legisladores estatales que, según dijo, "impulsarían leyes para criminalizar a las personas indocumentadas". Enlace original: https://www.azcentral.com/story/noticias/2024/05/13/activistas-protestan-medida-que-impactara-a-migrantes-en-arizona/73670089007/

Groups rally at the Capitol as lawmakers are poised to vote on HCR 2060 By Manuelita Beck, ABC 15 PHOENIX, AZ — Latino groups and their allies are calling on Arizonans to oppose a proposed ballot measure that would make illegal immigration a state crime in Arizona. Living United for Change in Arizona and other groups gathered at the state capitol on Saturday morning to protest House Concurrent Resolution 2060, which is up for a vote in the state Senate. Speakers from LUCHA urged people at the rally to return on Tuesday when senators will be back in session. “I invite you all to show up,” said Gina Mendez, LUCHA civic engagement organizer. “It's time for a walkout. It's time for our people to not show up to work that day.” If approved by voters, HCR 2060 would make illegally crossing the Arizona border from Mexico a state crime, allowing local law enforcement to make arrests and local judges to order people to leave the country. “This bill is going to racially profile us,” Mendez told rally attendees. “It’s going to deport our families. And it's going to continue to criminalize people just for living and breathing in the state of Arizona.” The Republican lawmakers who proposed HCR 2060 say it’s a border enforcement measure, not an immigration bill. It's based on a Texas law that is currently on hold. “This is a border bill,” state Sen. Janae Shamp, R-District 29, said during Thursday’s Senate session. “This is illegally entering our state, through a foreign nation from anywhere else, besides a lawful port of entry.” Opponents of the ballot measure compare it to SB 1070, the controversial state immigration law that passed in 2010. Known by many as the “Show Me Your Papers Law,” much of it was eventually struck down by the U.S. Supreme Court, which ruled that immigration enforcement is a federal, not state, responsibility. Activists on Saturday said getting people out to the capitol when lawmakers vote on the legislation will be key. “And what we're saying and what this community is saying, is that we are a better Arizona, that we're not going back to the politics of hate, that we are standing up,” LUCHA Executive Director Alejandra Gomez told ABC15. Lawmakers from both parties expect the bill to pass both the Senate and House, which ]have narrow Republican majorities. The Legislature passed a bill to make illegal immigration a state crime earlier in the session. Gov. Katie Hobbs vetoed that bill two months ago. But because HCR 2060 is a ballot initiative, it cannot be vetoed. If lawmakers pass the legislation, the measure goes directly to voters in November. HCR 2060 would also stiffen penalties for fentanyl sales in cases where the drug is a “substantial cause” of someone’s death, require state and local agencies to use a federal system to check the immigration of benefits applicants and make it a crime to submit false paperwork when applying for public benefits or to an employer. Link to original article: https://www.abc15.com/news/state/its-time-for-a-walkout-latino-activists-slam-arizona-ballot-measure-to-make-illegal-immigration-a-state-crime

Republicanos llevan proyecto de ley fronterizo a votación buscando evadir veto de la Gobernadora Por Oscar Ramos, Prensa Arizona Al cierre de la edición legisladores republicanos en el Senado de Arizona en el subcomité del Senado de Arizona votaban para enviar el proyecto de ley de seguridad fronteriza HCR 2060 a los votantes, para evitar nuevamente el veto de la gobernadora Katie Hobbs. La propuesta, denominada Ley para Asegurar la Frontera, convertiría en un delito estatal cruzar la frontera ilegalmente, permitiendo a la policía local y estatal hacer cumplir la ley de inmigración, algo que los detractores consideraron como el renacimiento de la polémica Ley SB 1070. “Los demócratas de Arizona en el poder nos han demostrado una y otra vez, con cada voto ‘no’ y veto de nuestra legislación de seguridad fronteriza, que no les preocupa la seguridad y el bienestar de nuestros ciudadanos, ni les importa el desperdicio de dólares de los contribuyentes que se utilizan para mitigar las consecuencias de la invasión en la frontera de Biden”, dijo el presidente del Senado, Warren Petersen. Los senadores republicanos votaban por la enmienda, presentada por David Gowan, de Sierra Vista, en una reunión del Comité de Asuntos Militares, Seguridad Pública y Seguridad Fronteriza y cuentan con los votos suficientes para que pase en ambas cámaras, por lo que es prácticamente un hecho que la propuesta pasará a engrosar la boleta electoral. La versión original de HCR 2060 habría pedido a los votantes fortalecer las leyes de empleo existentes que harían más difícil para las personas que cruzan la frontera ilegalmente trabajar en el estado y también convierte en un delito grave que alguien en el país ilegalmente presente documentos falsos a los gobiernos federal, estatal o local para obtener beneficios públicos. También sería un delito grave si una persona en el país ilegalmente presenta información falsa a los empleadores para evadir la detección por el sistema federal de e-verify, aunque eliminaría el lenguaje que convierte en un delito que los empleadores se nieguen a utilizar el sistema e-verify. La nueva propuesta de los republicanos incluye una cláusula que establece que no puede entrar en vigencia hasta 60 días después de que la Corte Suprema anule esa decisión de la SB 1070 o cualquier parte de la SB 4 de Texas, la ley de cruce de fronteras de Arizona está basada, entre en vigencia. Respuestas y reacciones Ben Toma, Presidente de la Cámara de Representantes de Arizona y patrocinador original del HCR 2060, expresó hoy su firme apoyo a la “Ley para Asegurar la Frontera”. “Ha sido increíblemente decepcionante que la Gobernadora Katie Hobbs haya vetado repetidamente proyectos de ley bien elaborados aprobados por la Legislatura, diseñados para asegurar nuestra frontera sur y proteger a los arizonenses. Las políticas deliberadamente abiertas de los demócratas en materia de fronteras han causado un daño devastador y duradero a las comunidades de Arizona. La gente ha tenido suficiente, y es hora de que sus voces sean escuchadas”, dijo. Los demócratas y los activistas por los derechos de los inmigrantes se han opuesto firmemente a un conjunto de proyectos de ley de inmigración republicanos presentados este año, incluida la remisión de e-verify de Toma y los proyectos de ley vetados que criminalizan el cruce ilegal de la frontera en la ley estatal. El Caucus Legislativo Latino de Arizona emitió la siguiente declaración con respecto a la enmienda HCR2060, que crearía otra ley similar a la de “Muéstrame tus papeles” como la SB4 de Texas y la inconstitucional SB1070 de Arizona. “Cambiar las reglas de la sesión con el único propósito de introducir legislación que se asemeje a un proyecto de ley ya vetado este año no es más que la mayoría republicana buscando venganza contra Arizona después de perder en los derechos sobre el aborto. El nuevo lenguaje de HCR2060 es la SB1070 ‘muéstrame tus papeles’ en esteroides. Es una medida xenófoba inconstitucional, legalmente innecesaria y intensamente divisiva diseñada por los republicanos como un silbato de perro para las elecciones”, dice el comunicado. “Si los republicanos fueran serios acerca de abordar los problemas en la frontera, alentarían al Congreso a aprobar el proyecto de ley federal bipartidista de seguridad fronteriza que tenía los votos pero fue detenido cuando el ex presidente MAGA decidió que podía hacer campaña sobre el tema. No dejaremos, que el odio gane”, agregaron. La Cámara de Comercio Hispana de Arizona se manifestó contra la HCR 2060: “No tiene sentido para nuestro estado, con sus recursos limitados, intentar asumir el papel del gobierno federal para hacer cumplir las leyes de inmigración. Hacemos un llamado al Congreso de los Estados Unidos, al Senado y al Presidente para proponer e implementar soluciones reales a la crisis de inmigración que enfrenta este país de una manera humana que beneficie a los ciudadanos y la economía de Arizona”. “E-Verify ya es ley en todo el país y Arizona cuenta con sólidas leyes contra el fraude y otros estatutos penales que actualmente son aplicables a los comportamientos que esta referencia pretende abordar. Si se aprueba en noviembre, HCR 2060 otorgaría a las fuerzas del orden una amplia autoridad para apuntar a individuos afroamericanos y latinos por su estatus migratorio y obligaría a los contribuyentes de Arizona a pagar por una vigilancia excesiva en las comunidades de color, audiencias en tribunales de inmigración y deportaciones. Arizona ya lo ha experimentado antes con la aprobación de la SB 1070, que pretendía infundir miedo en las comunidades de inmigrantes y abrir la puerta a violaciones de derechos civiles basadas en el color de la piel o la etnia”, afirmó la AZHCC. “Los legisladores republicanos están empeñados en hacer realidad la visión distópica de Donald Trump sobre la inmigración. Si se aprueba la propuesta de referendo en la boleta electoral, Arizona creará un sistema de inmigración separado que llevará a campos de deportación y esfuerzos masivos de deportación. No debemos permitir que Arizona se convierta en el conejillo de indias de Donald Trump para políticas fallidas y odiosas”, dijo Alejandra Gómez, Directora Ejecutiva de Living United for Change in Arizona (LUCHA). “Este proyecto de referendo no resuelve la crisis humanitaria en la frontera”, dijo Gómez. “En cambio, los legisladores republicanos están proponiendo legislación que crearía miedo, desconfianza en nuestras comunidades y legalizaría el perfil racial. Nadie debería tener que vivir con miedo al acoso debido al color de su piel. Nuestras comunidades no han olvidado los días oscuros que trajo consigo la SB 1070 cuando comunidades enteras fueron destrozadas por otra ley racista. Esto es un berrinche del Partido Republicano convertido en política”, finalizó. Enlace original: https://prensaarizona.com/propuestas-antiinmigrantes-a-la-boleta/

Opponents of the concurrent resolution say it will encourage police to rely on racial profiling to enforce the law. By Joe Duhownik, Courthouse News Service PHOENIX (CN) — Arizona lawmakers from the state Senate military affairs and public safety committee and the House judiciary committee approved a voter resolution establishing illegal border entry as a state crime amid racial profiling and constitutionality concerns voiced in a raucous hearing Wednesday night. More than a dozen state lawmakers from both the Senate and House convened in a special joint legislative meeting to hear public testimony on House Concurrent Resolution 2060. Community members including attorneys and church leaders told lawmakers they fear it would empower Arizona police to rely on racial profiling to detain Latino Arizonans. Proponents of the concurrent resolution, including two county sheriffs, said it's necessary to protect Arizona from a “border invasion.” Rather than go to the governor for a vote, concurrent resolutions are sent to the voters if supported by both chambers of the Legislature. Tensions were high during the the more than four-hour meeting, particularly when Republican Senator Janae Shamp of Surprise told an American Civil Liberties Union lobbyist she should be ashamed of herself for misleading the public during a debate over whether immigrants can seek asylum outside of legal ports of entry. Legally, they can. Committee co-chair and Republican state Representative Quang Nguyen of Prescott threatened to “clear the room” if members of the audience continued to interrupt lawmakers. Members of the public often called the lawmakers racist for supporting the concurrent resolution. The outcries didn’t stop at the end of the hearing, either. Members of the nonprofit Living United for Change in Arizona and other citizens followed Shamp and Republican state Representative David Gowan of Sierra Vista outside as they walked to their cars, chanting: “These racist bills have got to go.” The joint committee, made up of the Senate military affairs and public safety committee and the House judiciary committee, convened to hear a “strike everything” amendment to a concurrent resolution that originally would have required government municipalities to use E-verify to confirm citizenship status of anyone accessing social welfare, and would have fined businesses up to $1,000 for every undocumented immigrant hired. When the resolution was sent to the Senate, senators altered the language to reflect a bill already vetoed by Arizona Governor Katie Hobbs that would establish border crossing outside a legal port of entry, already a federal crime, as a state crime. It would make it a felony to submit false citizenship documents to government welfare programs or employers, also mirroring federal law. Finally, the resolution would establish “lethal sale of fentanyl” as a felony if the dealer knows the drugs sold contained fentanyl in cases in which fentanyl is the main cause of death. Because it’s unclear what probable cause could be found that a person crossed illegally aside from an eyewitness, opponents say police in non-border counties will rely on profiling to enforce the law. Republicans on the committee said no profiling will occur. “There’s no group of people more respectful to the dignity of all people, of every race, than our police,” state Representative Alexander Kolodin of Scottsdale said. Audience members laughed. Democrat state Representative Analise Ortiz of Phoenix reminded the committee of the ongoing racial profiling case against the Maricopa County Sheriff’s Office, in which orders from a federal court monitor still haven’t been complied with after 17 years. Phoenix police are also under investigation by the Department of Justice for discriminatory policing and brutality. Pinal County Sheriff Mark Lamb told the committee he’s tired of hearing “anti-police rhetoric.” “To impugn an entire group of people, you’re doing what you’re accusing us of,” Lamb said. “You’re profiling, and you’re throwing us under the bus as if we’re all bad." “It feels like crap, huh?,” state Representative Lupe Contreras asked Lamb. “It does,” Lamb replied. “Welcome to my world,” the Democrat from Avondale answered. “It sucks. It feels like crap that all officers are feeling what you just felt right now, because all Latinos feel what my family feels and a lot of others are feeling." The bill includes a blanket immunity provision that protects officers against damages claims for any actions taken to enforce the law. Kolodin said while that protects officers from civil liability, it doesn’t preempt citizens from making 14th Amendment equal protection claims if they feel they have been racially profiled. The concurrent resolution is modeled after Texas’ Senate Bill 4. That bill is held up in federal court, as the Biden administration and civil rights groups say it preempts federal law, while proponents say it mirrors and helps enforce federal law when the federal government fails to act. The same argument was hashed out in Wednesday’s meeting in Arizona. If passed by voters, the concurrent resolution will only take effect if Texas’ bill makes it out of court alive. The Senate military affairs and public safety committee voted 4-3 along party lines in favor of the concurrent resolution. The Senate plans for a full vote Thursday. Because the contents were changed entirely after it was given to the Senate, it will need to return to the House for a final vote before it can be sent to the 2024 ballot. Link to original article: https://www.courthousenews.com/arizona-lawmakers-advance-immigration-resolution-despite-racism-claims/

Arizona Senate Republicans on Wednesday revealed new details of a plan for a ballot measure that would give Arizona more power to arrest those who enter the United States illegally and deport people directly, without a federal judge. By Ray Stern, AZCentral Republicans expect the "Secure the Border Act" measure to pass next week with only GOP votes, bypassing the need for a signature by Democratic Gov. Katie Hobbs by sending it to the 2024 ballot. Republicans say they want it for two reasons: Concern over the Biden administration's border policies that have allowed millions of migrants to enter the country in the past three years, and to help gain political support amid criticism of their abortion policies. The proposed measure would not take effect unless a similar law in Texas that's held up in federal appeals court has been cleared of constitutional challenges and is being fully enforced. It could also take effect if the U.S. Supreme Court reverses its decision blocking most provisions of Arizona's Senate Bill 1070 law from 2010. "This is a humanitarian crisis at the border," said Sen. Janae Shamp, R-Surprise. "This shouldn't be a partisan issue." She added that polls show immigration is a top concern for voters. In a statement criticizing the Republican plan Wednesday, Democratic lawmakers in the Arizona Latino Legislative Caucus called the enforcement trigger a sign of the measure's overall weakness. "It is an unconstitutional, legally unnecessary, intensely divisive, xenophobic measure designed by Republicans as an election-year dog whistle," said the statement signed by Sen. Anna Hernandez of Phoenix and Reps. Lorena Austin of Mesa, Lydia Hernandez of Phoenix and Mariana Sandoval of Goodyear. Political consultant Barrett Marson also pointed out on social media a provision in the proposed measure that would require a 21-day notice before any lawsuit settlement to not only the Senate president and House speaker, currently Republicans, but also to the minority leaders of the Senate and House. The provision appears to provide some protection in case Democrats take control of either the House or Senate in November's election. Lawmakers created a shell for the measure on May 1, and proposed provisions for it were made public this week. Following a mandated second reading of the original shell bill on Wednesday, the measure was scheduled to be heard in the Senate Military Affairs, Public Safety and Border Security Committee. There, Republicans planned to add the new provisions in a strike-all amendment. What's in the measure Republicans plan to pass the bill when lawmakers return. The Senate may resume on Thursday, or stick to the Legislature’s current schedule of meeting once each Wednesday. Senate President Warren Petersen told The Arizona Republic there’s a possibility his chamber could take a final vote on the measure by Thursday. But the House, which will return May 15, still needs to approve the amended bill. Language for the measure shows it incorporates parts of both the Arizona Border Invasion Act, a bill Hobbs vetoed in March, and a previously stalled ballot measure by House Speaker Ben Toma intended to prevent undocumented residents from obtaining state or federal benefits. Toma was miffed earlier this year when Petersen prevented his proposal from advancing in the Senate after it passed the House on party lines. Petersen said at the time he'd heard concern about Toma's plan from the business community. Most of the provisions of Toma's earlier measure, which was used as the shell for the new one, were stripped out of the new legislation. Among the aspects cut from the bill were hefty fines of $10,000 for each failure to use the federal government's E-Verify system to double-check worker eligibility. The new form of House Concurrent Resolution 2060 attempts to strengthen penalties against migrants who submit fraudulent paperwork to federal systems in order to obtain a job or public benefits, making the violations state crimes subject to felony prosecution. It removes the original provision to use E-Verify to check people applying for public benefits and relegates that to the Systematic Alien Verification for Entitlements. "It turns out the SAVE program is better for that," Toma said. "This will have the same effect." The measure would make crossing the border without authorization at anywhere else besides an official port of entry a Class 1 misdemeanor under state law, or a Class 6 felony if the person is a repeat offender. Violators must serve 30 days in jail. An exception exists for people approved between June 15, 2012, and July 8, 2021, under the Deferred Action for Childhood Arrivals program. It would allow deportation if the immigrant agrees to it, but immigrants who decide against a quick deportation could still be deported after prosecution. The measure also makes selling "lethal fentanyl" a Class 2 felony when the drug sold is the "substantial" cause of death of another person, with penalties increased by five-year prison sentences. GOP leaders and Gov. Hobbs weigh in on measure Republican House and Senate members held a news conference with law enforcement officials before the committee hearing, emphasizing the fentanyl smuggling and record numbers of undocumented immigrants and asylum seekers crossing the international border in Arizona. Petersen and Shamp blamed Democrats for "out of control" policies that led to the current crisis. Yavapai County Sheriff David Rhodes, who leads the Arizona Sheriffs Association, said he supported the measure but hoped to hear the answer to important questions like whether enforcement efforts would be funded. Petersen, in answer to a question about the funding issue later, said the Legislature typically supports law enforcement and would continue to do so. Art Del Cueto, vice president of the National Border Patrol Council, said the measure would be "extremely helpful" to the Border Patrol's mission. "Currently, Arizona is getting inundated with the groups coming into Arizona," he said. "We continue to see groups coming across the border non-stop." GOP lawmakers hope to see courts uphold Texas' SB4 law. It's remained under a stay since the 5th U.S. Circuit Court of Appeals heard arguments last month from Texas officials and the Biden administration, which opposes the law. Democrats, besides generally disliking the measure, would like to add an amendment barring authorities from conducting raids of migrants in churches, schools and hospitals, said Sen. Flavio Bravo, D-Phoenix. Texas' SB4 contains such an exception. Hobbs addressed the measure at a news conference Wednesday, saying she agrees ballot measures are a "remedy" available for Arizonans who will have a "chance to weigh in on that," but that the new border measure will "hurt businesses" and farmers. "It will send jobs to other states and that’s why the business community came out against (the Border Invasion Act) when I vetoed it," she said. "I’m calling on them to come out against this bill." Lengthy debate unfolds in committee hearing The Senate committee hearing was preceded by a joint hearing of the Senate Military Affairs, Public Safety and Border Security Committee and House Judiciary Committee, where members of the public and lawmakers discussed and argued over the measure for several hours. After the hearing began about 1:45 p.m., debate soon turned to whether law enforcement officers would racially profile people suspected of breaking the law, should voters pass it. One of the worries by opponents was how police would develop probable cause to detain someone for suspected of crossing the border illegally. Rocky Rivera, a 57-year-old Bisbee resident who was one of several people in the hearing wearing a blue Living United for Change in Arizona (LUCHA), told the panel of House and Senate members the measure "weaponizes the police against brown people." He related a time when he and his father were pulled over and detained for more than an hour while police tried to determine his father's status. "What I'm saying - it does target people who look like me. There's no way around it," Rivera said. His comments were echoed by lawmakers including Democratic Majority Leader Lupe Contreras, Avondale, who appealed to his Republican colleagues not to pass the measure. Rep. Quang Nguyen, R-Prescott Valley, pushed back on the comments, saying the measure "is not about going after skin color, it’s about going after illegal entries." But Rep. Analise Ortiz, D-Phoenix, pointed out that the long-running, expensive federal monitoring of the Maricopa County Sheriff's Office shows that law enforcement agencies do sometimes racially profile members of the public. She criticized people who question "our lived experiences." Pinal County Sheriff Mark Lamb, a Republican running for U.S. Senate, said migrants from 170 countries are now showing up at the border. "We're looking for a bill that might give us a little tool to hold some of these people that are coming from who knows where, accountable, when our federal government has failed to secure our border, when our federal government has failed to appropriately vet people coming into this country," he said. Link to original article: https://www.azcentral.com/story/news/politics/arizona/2024/05/08/arizona-immigration-republicans-want-to-send-vetoed-bill-to-voters/73607829007/

On Wednesday, Republican lawmakers in the Arizona Senate advanced legislation that would give state and local law enforcement the power to enforce immigration laws over the objections of Democrats and Latino advocacy groups that say it will lead to racial profiling by law enforcement. By Wayne Schutsky, KJZZ The measure, modeled after Texas’ controversial SB4, would make it a misdemeanor under state law to enter Arizona illegally outside of official ports of entry. The Senate’s Military Affairs, Public Safety and Border Security Committee passed the measure on a 4-3 vote along party lines. Legislators supporting the measure said it mirrors existing federal immigration law but is necessary in the absence of federal action to curb the flow of immigrants crossing the border illegally. But Democrats argued the measure, which mirrors a bill vetoed by Democratic Gov. Katie Hobbs earlier this year, would not solve the problem. “I absolutely understand Arizonans’ frustration and put me on the top of that list of the federal government’s failure to secure our southern border and the feeling of wanting to take it into your own hands,” Hobbs said. “This bill, whether it's in bill form or ballot measure form, is not the answer to that problem.” But Hobbs can’t veto the new proposal. It is too late to introduce new legislation this year, but Republicans on the Senate’s Military Affairs, Public Safety and Border Security Committee voted to amend an existing measure, HCR 2060, sponsored by House Speaker Ben Toma (R-Peoria) that was already approved by the Arizona House along party lines. That proposal would have strengthened existing employment laws that would make it tougher for people who cross the border illegally to work in the state The new measure — if passed by the full Arizona House and Senate — will go to voters, not Hobbs, for approval on the November ballot. “I'm proud that we're including much of that language in the Secure the Border Act, so that we can send this to the ballot to the citizens — we the people,” said Sen. Janae Shamp (R-Surprise), who sponsored the vetoed bill. “They will have the chance to decide whether to do something or sit back and watch as our country deteriorates from border-related crimes and the influx of illegals too large for our cities to handle.” The new measure retains pieces of Toma’s original legislation, including making it a felony for someone in the country illegally to submit fake documents to the federal, state or local governments in order to obtain public benefits. It would also make it a felony if a person in the country illegally submits fake information to employers to evade detection by the federal e-Verify system, but the amendment removed language holding business owners to that same standard. Critics of the proposal compared it to SB 1070, the controversial immigration law passed in 2010 that was partially overturned by the U.S. Supreme Court. Rocky Rivera told lawmakers his family experienced racial profiling under SB 1070. He said his father, a military veteran, was the subject of unfair traffic stops and treated poorly by law enforcement under that law. “To say that this does not weaponize the police force against us … I think is totally wrong, sir,” he said. The bill’s supporters said allegations that the measure would lead to racial profiling are untrue. Yavapai County Sheriff David Rhodes, president of the Arizona Sheriffs Association, said officers would need “probable cause” under the measure. “So what does that look like?” Rhodes said. “The sheriffs view this as primarily a border bill, because you're seeing people coming across, you have eyewitness testimony that people came across, you have technology that indicates that people came across.” But critics, including Sen. Eva Burch (D-Mesa), said the measure does not include any language clearly stating the law would be used to prosecute only individuals witnessed crossing the border illegally. “Where is the directive in this bill that does establish what those parameters are?” Burch said. “If those parameters don't exist, then every interaction with police becomes a potential immigration interview.” Rep. Analise Ortize (D-Phoenix) also expressed concerns about a clause that protects officers from civil lawsuits related to their actions under the measure, saying it could be used to protect officers who commit racial profiling from accountability. Sen. David Gowan (R-Sierra Vista) said that was not the intent of the clause, but Pinal County Attorney Kent Volkmer said that clause could be a concern. “I think it is highly concerning that there is legislation that we have not worked out these kinks,” Ortiz said. Petersen, the Senate president, acknowledged the law could be used to make arrests away from the border in some situations if there was specific evidence, such as a video recording, showing a person crossing the border illegally. But Republicans claimed there was no need to explicitly write a probable-cause requirement into the law. “That's because it's a constitutional requirement that applies to our entire criminal code,” Rep. Alexander Kolodin (R-Scottsdale) said. Republicans said the measure is needed to combat crime stemming from illegal border crossings, including the flow of illegal fentanyl into the state. Law enforcement officials said more than 34 million fentanyl pills were seized in Arizona in 2023, though they say most of what is coming through those ports is smuggled by U.S. citizens or others legally authorized to enter the country. The new proposal includes a new criminal provision that includes enhanced sentencing guidelines for a person found guilty of knowingly selling fentanyl that causes the death of another person. Republicans said the severity of that crisis necessitates action. “I know it's going to be perceived as controversial, but here's what I would say: come up with a solution then,” Maricopa County Attorney Rachel Mitchell said. “Don't just criticize; come up with a solution, because our people in Arizona are dying.” But critics said this proposal will do more harm than good and could also result in the prosecution of asylum seekers awaiting a legal hearing in the U.S. In addition to concerns about racial profiling, Hobbs and some business leaders argued it would exacerbate the state’s ongoing labor shortage, especially for industries reliant on immigrant labor, and tax local police departments, because the measure includes no funding mechanism to account for the increased responsibilities laid on local and state law enforcement agencies. “It will demonize communities,” Hobbs said. “It will hurt businesses. It will hurt farmers. it will send jobs to other states.” Supporters acknowledged the measure would carry a substantial price tag – and that they don’t know exactly how much it would cost. Rhodes, the Yavapai County sheriff, confirmed that and said he will be calling on elected officials to send more dollars to law enforcement if the measure is approved by voters. “The sheriffs have, in very clear terms, articulated to everybody our concerns about the cost, not only to the sheriff's office, but to the local public safety infrastructure,” Rhodes said. “This can't be put on the backs of the counties.” One measure that could alleviate some of the burden on local sheriffs is a provision that would allow the Department of Corrections to incarcerate individuals arrested under the statute if a local jail does not have room. But Democrats also criticized that portion of the law, because it allows incarceration to occur even if the individual is not actually convicted of a crime. Rep. Lupe Contreras, the Democratic minority leader in the House, pleaded with his colleagues not to send the measure to voters. Echoing other critics, he recalled his own experience under SB 1070 when he felt he and his father were stopped by police simply because of the color of their skin and their choice of clothing and music. “It does hurt, and it is impactful,” Contreras said. “And you all need to really understand it is a problem. It divides this country.” Republicans continued to distance the new legislation from SB 1070, which was dubbed the “show me your papers bill” by critics because it allowed law enforcement to demand proof of immigration status if they suspected a person was not in the country legally. Petersen said HCR 2060 is essentially “a border bill” dealing with the physical act of crossing the border outside of a port of entry. “This is not SB 1070, where you're talking about things happening all over the state,” Petersen said. “This is what is happening at the border.” The bill suggests there is an SB 1070 connection, though. Republicans’ new proposal includes a clause stating it cannot go into effect until 60 days after the Supreme Court overrules its SB 1070 decision or any part of Texas’ SB 4 – the bill Arizona’s border crossing legislation is based on – goes into effect. SB 4 is currently on hold pending a legal challenge working its way through federal courts. Link to original article: https://fronterasdesk.org/content/1879400/hobbs-vetoed-immigration-law-now-its-one-step-closer-arizona-ballot-after-committee?_ga=2.5085872.201856872.1715292032-1927091704.1715120955

Republican lawmakers in the Arizona Senate revealed the details of their plans to send a border security bill vetoed by Gov. Katie Hobbs to voters. By Wayne Schutsky, KJZZ The proposal, dubbed the Secure the Border Act, would make it a state crime to cross the border illegally, empowering local and state police to enforce immigration law. Hobbs vetoed a similar measure on March 4. “These bills don’t do anything to really address border security issues that we’re facing,” Hobbs said at the time. But if Republicans successfully pass this new measure, Hobbs won’t have the opportunity to veto it again. It is too late to introduce new legislation this year, but Republican senators plan to circumvent that deadline issue by amending an existing measure sponsored by House Speaker Ben Toma (R-Peoria) that was already approved by the Arizona House along party lines. “Arizona Democrats in power have shown us time after time, with every 'no' vote and veto of our border security legislation, that are not concerned for the safety and well-being of our citizens, nor have any care for the wasted taxpayer dollars being used to mitigate the fallout from Biden's border invasion,” Senate President Warren Petersen (R-Gilbert) said in a statement. Senators will consider the amendment, introduced by Sen. David Gowan (R-Sierra Vista), on Wednesday at a meeting of the Military Affairs, Public Safety and Border Security Committee. The original version of HCR 2060  would have asked voters to strengthen existing employment laws that would make it tougher for people who cross the border illegally to work in the state Because the measure is a ballot referral, it will go directly to voters, not Hobbs, if it passes through the Legislature. The amended version of the bill would retain some of Toma’s language, including making it a felony for someone in the country illegally to submit fake documents to the federal, state or local governments in order to obtain public benefits. It would also make it a felony if a person in the country illegally submits fake information to employers to evade detection by the federal e-verify system. But the amendment would remove language making it a felony for employers to knowingly refuse to use the e-verify system. Toma said he supports the changes. “The Secure the Border Act reflects a thoughtful, comprehensive approach to combating illegal immigration, which is a top priority for the Republican majorities in the House and Senate, and a leading concern for voters of all parties,” Toma said in a statement. Democrats and immigrant rights activists have staunchly opposed a raft of Republican immigration bills introduced this year, including Toma’s e-verify referral and the vetoed bills criminalizing illegal border crossings in state law. “There are some politicians who are hell bent on making this their political posturing so they can advance in their political careers, but what we are saying is ‘not today,’” said Alejandra Gomez, executive director of Living United For Change Arizona, at a press conference in February. Gomez compared the legislation to SB 1070, a controversial immigration law passed in 2010 that was partially overturned by the U.S. Supreme Court. Republicans’ new proposal includes a clause stating it cannot go into effect until 60 days after the Supreme Court overrules that SB 1070 decision or any part of Texas’ SB 4 – the bill Arizona’s border crossing legislation is based on – goes into effect. SB 4 is currently on hold pending a legal challenge working its way through federal courts. Link to original article: https://kjzz.org/content/1879259/republican-lawmakers-reveal-details-border-security-measure-they-want-send-voters

DACA Recipients Would be Under Direct Threat of Detention by Local Law Enforcement with Proposed Ballot Referral. Special Hearing on to Legalize Racial Profiling Happening Wednesday. May 7, 2024 FOR IMMEDIATE RELEASE PHOENIX – Tomorrow, Wednesday, May 8, LUCHA will pack the committee room at our State Capitol to demand our state lawmakers oppose the strike-everything amendment to HCR2060. The strike-everything amendment to HCR2060 is the culmination of multiple failed immigration proposals that Arizona Republicans have failed to pass into law. With HCR2060, these extremists intend to send the most expansive anti-immigration law Arizona has seen since SB 1070 to the November ballot. The proposed ballot referral puts in danger DACA recipients when encountering law enforcement, HCR 2060 would potentially open the door to prolonged detention. If approved in November, HCR2060 would give law enforcement broad authority to target Black and Brown individuals about their immigration status and force Arizona taxpayers to pay for over policing of communities of color, immigration court hearings, and deportations. Arizona has seen it before with the passage of SB 1070, which was intended to incite fear in immigrant communities and open the door to civil rights violations based on skin color or ethnicity. “Republican legislators are hellbent on bringing Donald Trump’s dystopian vision on immigration to life. If the proposed ballot referral is approved, Arizona will create a separate immigration system that will lead to deportation camps, and mass deportation efforts. We must not allow Arizona to become Donald Trump’s Guinea pig for failed and hatefull policies,” said Alejandra Gomez, Executive Director of Living United for Change in Arizona (LUCHA). "This proposed ballot referral does not solve the humanitarian crisis at the border," said Gomez. "Instead, Republican lawmakers are proposing legislation that would create fear, distrust in our communities, and legalize racial profiling. No one should have to live in fear of harassment due to the color of their skin. Our communities haven’t forgotten about the dark days brought upon by SB 1070 when entire communities were ripped apart by another racist law. This is a GOP temper tantrum turned into policy.” LUCHA will testify at the public hearing on Wednesday to advocate against the bill on behalf of immigrant communities across Arizona. We call on lawmakers to stand up against racist policies and protect the civil rights of all residents.

May 2, 2024 FOR IMMEDIATE RELEASE PHOENIX — Since its introduction, Living United for Change in Arizona (LUCHA) has been supporting Democratic lawmakers’ efforts to pass a repeal of the 1864 Territorial abortion ban. Today, Gov. Hobbs’ signature marks a significant victory for Arizonans and their right to make decisions about their own body.  Alejandra Gomez, Executive Director of Living United for Change in Arizona (LUCHA), issued the following statement: "While Arizona Republicans mourn the rejection of their extreme policies and views on abortion, LUCHA stands with Democratic lawmakers, who were able to successfully pass a repeal of the Civil War-Era abortion ban and send it to the Governor's desk for signature. Today’s signature by Gov. Hobbs is a crucial step in restoring reproductive rights and bodily autonomy for all Arizonans. The reinstatement of this nearly 200-year-old law by the Arizona Supreme Court was a disastrous decision that put countless lives at risk and stripped away our most basic rights. Arizonans deserve bodily autonomy and the freedom to access abortion care. This repeal is a significant victory in that fight, however, the fight for permanently safeguarding a person’s right to choose is far from over. It is up to us this November to decide once and for all that these deeply personal decisions should be left to patients, their families, and their medical providers—not Republican politicians or some right-wing radical court.” LUCHA is committed to continuing our work to protect and expand reproductive rights in Arizona and will be supporting the Arizona for Abortion Access Ballot Initiative. We know that the most effective way to engage voters is at the doors, and that is why we will continue to have those conversations through Election Day in November. ### About Living United for Change in Arizona (LUCHA): Living United for Change in Arizona is a grassroots organization dedicated to building power with Arizona's working families. LUCHA fights for racial, economic, and social justice, striving to create a just and equitable society for all. Check us out on social media and our website for more information.

Members of the Arizona Freedom Caucus filed an ethics complaint after Democrats’ vocal push to repeal the ban sparks change. By Alyssa Bickle, The Copper Courier Republican legislators have designated two of their Democratic colleagues as “insurrectionists” in response to their efforts to repeal the state’s Civil War-era abortion ban earlier this month. Arizona Republican Reps. Barbara Parker, David Marshall, and Rachel Jones filed an ethics complaint Thursday against Democratic Reps. Analise Ortiz and Oscar De Los Santos. The complaint alleges their actions—chanting “shame” at legislative leadership for voting to recess instead of bringing a bill that would repeal the ban to a vote—violate the Legislature’s rules against disorderly conduct. The complaint claims Ortiz and De Los Santos “attempted insurrection,” and “incited a riot.” The language resembles that surrounding the Jan. 6 attack on the US Capitol, an incident that several in the Republican caucus have publicly voiced support for, been directly linked to, or were present at. The complaint centers around a tense moment on the floor of the Arizona House on April 10. As House Republicans voted to recess instead of recognizing Democrats’ attempt to bring a repeal of the abortion ban to a vote, Ortiz and De Los Santos led chants of “Shame! Shame!” in opposition to the vote for recess. “Representative Ortiz yelled out personally offensive and wildly inappropriate attacks that grossly impugned and deliberately misrepresented the character and motives of House Republicans,” the complaint states. In the ethics complaint, Republicans called Ortiz an “insurrectionist” for “ inciting a near riot among their Democratic colleagues consisting of threats and harassment.” Progressive groups who both regularly attend hearings at the Capitol and are familiar with the rules and laws surrounding protest and free speech quickly came in defense of Ortiz and De Los Santos. Alejandra Gomez, executive director of Living United for Change in Arizona, said in a statement that the ethics complaint was an attempt to silence a constitutionally protected form of dissent. “Utilizing your First Amendment right to speak out against a Civil War era abortion ban is democracy in action,” said Gomez. “We applaud the boisterous opposition of Democratic Lawmakers like Analise Ortiz and Oscar De Los Santos, who are fearless and unapologetic in service of their constituents and the state of Arizona.” Gomez said the ethics complaint is full of irony, as those same Arizona Republicans have ties to the Jan. 6 insurrection. Republicans cited Ortiz’s own TikTok video of the incident, and wrote that her behavior was unprovoked, as their vote for recess was merely a motion to “conduct due diligence, discuss collectively, and exercise prudence and wisdom in addressing legislative business and procedures.” The complaint mentioned that Ortiz’s behavior demonstrated a lack of respect for other members of the Legislature, and that “the people of Arizona deserve a higher standard of decorum and respect from their elected representatives.” In the past, Republican lawmakers have removed private citizens and journalists from hearing rooms for no substantial reasons, fostering an environment of disrespect for the workings of democracy—and their constituents. “This ethics complaint is nothing more than a form of retaliation,” Ortiz said in an Instagram video post. “Ultimately our disruption on the House floor did lead to a bill that will repeal the abortion ban passing through the House of Representatives.” In an Instagram post, De Los Santos called the ethics complaint “meritless” and said that it is forcing him and Ortiz to hire outside legal counsel. In the 2024 session alone, ethics complaints resulted in the expulsion of Republican Rep. Liz Harris and resignation of Democratic Rep. Leezah Sun. Link to original article: https://coppercourier.com/2024/04/26/insurrection-republican-retaliate-abortion-ban-repeal/