Sheriffs from at least four Arizona counties say they will not enforce a controversial immigration measure if voters approve it in November. Proposition 314, also known as the Secure the Border Act, would make it a state crime for migrants to cross illegally in the United States.
The law would lead to state and local law enforcement being responsible for carrying out the laws by arresting and prosecuting suspected violators.
Supporters say the measure will help reduce illegal immigration in the state.
Critics say it’s asking local police to do something that is entirely outside of their constitutional authority and enforce federal immigration law. The critics also claim it’s going to lead to racial profiling and budget issues.
Pima County Sheriff Chris Nanos told The Guardian the measure would increase expenses without funding from the state.
“I’m not going to allow my deputies on that border to arrest people, to book them in our jail when we have a federal government that has that responsibility. They should have solved it years ago,” Nanos said.
In 2012, the U.S. Supreme Court struck down an Arizona law making illegal immigration a state crime on top of a federal crime. The justices ruled immigration enforcement was a federal matter that preempted the state law and that Congress had not given states the latitude to regulate immigration.
Texas is currently facing legal battles over a similar law that allows local police and judges to arrest and deport those in the country illegally.