Republican legislative leaders are seeking a judge’s approval to allow voters to decide on a “Secure the Border Act” aimed at protecting border security. The measure includes various provisions such as making it a crime for undocumented individuals to cross the border from Mexico, increasing penalties for false documents, and imposing harsher penalties for selling lethal fentanyl. Republican attorney Kory Langhofer argues that all provisions are related to addressing harms related to Arizona’s southern border crisis. However, challengers argue that the measure violates constitutional requirements by combining unrelated issues into a single ballot measure.
The lawsuit was filed by groups challenging the measure, pointing out that the provisions were previously attempted as separate bills, which were vetoed. Despite the separate nature of these provisions, Langhofer argues that they all serve the general purpose of securing the border. The legal dispute revolves around the single-subject rule, with Republicans defending the measure as a holistic approach to border security.
If approved, the measure is likely to face further legal challenges, particularly regarding the enforcement of state and local police arresting those entering the country illegally. The inclusion of conditional language based on a Texas law precedent has raised concerns about the legality of the measure. Attorney Jim Barton criticized the measure’s lack of clarity on issues related to public benefits and the enforcement of border-crossing provisions. The hearing date for the legal challenge has not been set, but the outcome will determine whether the measure goes on the November ballot.
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