Immigration-Related Ballot Measure Delayed at Legislature
HCR2060 would create a new state crime for crossing the border outside a port of entry
Texas-Style Measure Sets up Conflict Between State and Federal Government
The Arizona Senate delayed action on an immigration-related referral to the November ballot today, because all members of the Republican majority were not present to vote on it. Every member of the Republican caucus would need to vote in favor of the measure for it to pass, as all Democratic Senators have expressed their opposition to the bill.
The bill, HCR2060, is styled after Texas’s SB4, and makes it a state crime to cross into Arizona from another country without going through a designated port of entry. It also empowers state judges to order individuals found guilty to return to the country they entered from. The measure also makes it a criminal offense to obtain a public benefit using a false document, and enhances penalties for selling smuggled fentanyl if the drug leads to a the death of another person.
If passed, the question would appear on the November 2024 ballot. It does not require the signature of Gov. Hobbs.
ASBA will not take an official position on the measure in its current form, as immigration policy is not an area where there is clear direction from our membership. If the language changes, we will always re-evaluate it.
Even so, it is still important for school board members to understand the implications of this or similar measures for their districts.
Federal law is extremely clear that school districts may not inquire about the immigration status of students. HCR 2060 would not change that or the applicability of district policies in place regarding interaction between students and law enforcement on campus.
However, some members may be concerned about the effects that a policy such as HCR2060 would have on students who are undocumented, have undocumented family members, or are recipients of the Deferred Action for Childhood Arrivals (DACA) program. These are legitimate questions that point to the potential for conflict between state and federal officials and have real impacts on a student’s education
The U.S. Department of Justice has filed a lawsuit against the state of Texas alleging that SB4 is unconstitutional, and federal courts have prevented the law from taking effect until it can be reviewed.
HCR2060 contains a provision that says it will not go into effect until SB4 or a similar law in another state has been in effect for sixty days. Essentially, these provisions would be triggered by a ruling that Texas’s law is Constitutional.
It is understood that elected school board members do not have a uniform opinion on issues related to immigration policy. It is also understood that members in some communities may feel very strongly about it. Therefore, ASBA is providing this information as a service for members to make themselves heard. In this case, the highest impact advocacy is that which comes from members of a Legislator’s own constituency.
The most effective way to do so is to email your Arizona Senators and Representatives. If you are not sure which district you live in, you may locate your elected officials by using this tool from ASBA.
The Senate will take up the bill first, followed by the House.
The Senate is currently adjourned until May 22.
ASBA will continue to update you on developments related to this measure.