The Round Up: Crossover Week

Republicans impeach Secretary Mayorkas.

Unsurprisingly, border security remains a top priority for government officials at all levels. This past week, the U.S. House impeached the first cabinet Secretary in nearly 150 years regarding his enforcement of immigration law. Also, officials representing states such as Arizona and Texas have continued to emphasize the need for increased resources to curb recent surges of migrants across the border. While Texas Governor Greg Abbott has been noticeably active in his efforts on this issue during the New Year, the onus has mainly fallen to legislators in Arizona due to Governor Katie Hobbs’s relatively hands-off approach of late. 

Beyond the border, Arizona state legislators were busy advancing a bevy of bills last week on the following issues, among others: (i) defend the guard, (ii) school support staff rights, (iii) fentanyl sentencing, and (iv) phone call recording. Given this week’s status as “crossover week” – where bills from each legislative chamber “crossover” to the other – it’s likely that both the House and Senate will see continued action. Speaking of action, Arizona’s Cactus League is set to open this Thursday with fifteen Major League Baseball (MLB) clubs again partaking in the Spring Training festivities. Since 1947, the Cactus League has served as an economic engine in the Valley, most recently generating over $400 million for the state’s GDP in 2023. 

U.S. House Impeaches DHS Secretary Mayorkas

Citing a failed response at the U.S. southern border, the U.S. House of Representatives voted 214-213 to impeach Department of Homeland Security (DHS) Secretary Alejandro Mayorkas. Tuesday’s narrow party-line vote followed a failed attempt from the week prior led by Representative Andy Biggs (AZ-05) on similar articles of impeachment. The latest set of Republican-backed articles of impeachment argued that Mayorkas “willfully and systematically” refused to enforce current immigration law. 

Given Democrat control of the Senate, as well as the need for a two-thirds vote for the removal of Mayorkas, it is unlikely that much will come of the House’s impeachment inquiry. Senate Majority Leader Chuck Schumer has already called the Republican efforts “another embarrassment,” as well as an attempt to “further appease Donald Trump.” Additionally, President Biden commented that Mayorkas’ impeachment was a “blatant act of unconstitutional partisanship that has targeted an honorable public servant in order to play petty political games.”

• Representative Eli Crane (AZ-02): “Secretary Mayorkas has finally been impeached. When you violate your duty to the American people by knowingly facilitating an invasion, there must be consequences…The crisis at the border was deliberate, which more than warrants this historic action.”

• Representative Andy Biggs (AZ-05): “I was the first Congressman to introduce articles of impeachment against DHS Sec. Mayorkas. His border policies are dangerous and  violate the law. Tonight, he was impeached by the House. We won't stop here. The Biden Admin must be held accountable and our borders must be secured.”

• Representative Juan Ciscomani (AZ-06): “When Homeland Security did its own investigation on this, the courts decided that he willfully decided to enforce the law. So he breached the public’s trust. Those were two impeachable offenses.”

• Representative Raul Grijalva (AZ-07): “Instead of passing real immigration reform to fix our broken system or giving the necessary resources for Secretary Mayorkas and border communities to manage the humanitarian crisis, the House Republican majority moved forward with a baseless impeachment resolution. There is no evidence that Secretary Mayorkas committed any unlawful actions that are subject to impeachment. Rather, he has lawfully carried out the policies of President Biden and still requires significant help from Congress to manage the issues we face at our border. [House Republicans] are too afraid to act because they are beholden to the whims of the former president. They now bear full responsibility for the situation at our Southern border.”

• Representative Debbie Lesko (AZ-08): “Last night’s vote to impeach Mayorkas proves how serious [the House Republican caucus] is about securing the border. Now, it’s the Senate’s turn.”

• Representative Paul Gosar (AZ-09): “Once again, I voted to impeach Secretary Mayorkas for failing to uphold and execute our immigration laws and repeatedly lying to Congress and the American people. As I have previously noted, more than 10 million illegal aliens, 360 terrorists, 90,000 convicted criminals and 26 tons of fentanyl have been welcomed into our country by Secretary Mayorkas and Joe Biden. Their open border policies and willful disregard for the law have put our entire country in harm’s way. By cho[o]sing to ignore the laws, instructing border patrol agents to welcome, caress and help illegal aliens, Secretary Mayorkas has violated his Constitutional oath of office and deserves impeachment.” 

Texas Increases Presence at Border

On Friday, Texas Governor Greg Abbott announced the creation of a "Military Department base camp" at Eagle Pass, the site where tensions have risen between state and federal authorities regarding immigration enforcement. With the creation of “Forward Operating Base Eagle,” the Texas Government could reportedly house up to 2,300 members of the National Guard should there arise “surge needs” at the border. During normal times, the base will house up to 1,800 National Guard members on the 80 acres of land acquired by the Texas Military Department. Governor Abbott’s decision to establish the military base follows recent clashes with the White House regarding the state’s claim to patrol its southern border. 

• Governor Abbott: “Texas is expanding our border security capabilities by building a new Texas Military Department base camp to increase and improve border security operations in this area. This will increase the ability for a larger number of Texas Military Department soldiers in Eagle Pass to operate more effectively and efficiently. Before now, the Texas National Guard had been scattered across this entire region in cramped quarters, away from fellow soldiers, and sometimes traveling long distances to do their job. This base camp is going to dramatically improve conditions for our soldiers. Texas would not be able to respond to President Biden's border crisis without the brave men and women of the Texas National Guard, and it is essential to build this base camp for them.”

• Major General Thomas Suelzer: “In addition to being able to house 1,800 troops in their own individual rooms, Forward Operating Base Eagle will also have surge capability of taking on 500 additional troops should we need to deploy the Texas Tactical Border Force to this area. In the coming weeks, we will also be expanding operations north and south of Eagle Pass, putting up additional barriers to fortify our border. We are also adding three more fan boats and expanding our drone program radar truck capabilities. Under Governor Abbott's leadership, we are deploying every available resource and strategy to protect and defend Texas."

• Border Czar Mike Banks: “The key thing I want you to take away from this is that we are providing a better quality of life for our Texas National Guard soldiers. To see those numbers decrease in Texas, it's a testament to what these soldiers and DPS are doing to secure the border. I applaud Governor Abbott for your leadership to stand up and do what the federal government continues to fail to do.”

Arizona House Republicans Respond on Immigration

Early last week, Republicans in the Arizona House introduced legislation mirroring Texas’s previously enacted SB 4. Already, all 31 Republican members of the House have signaled support for HB 2748, which seeks to “combat the uncontrolled tide of illegal immigration into the United States via the Arizona border and to protect Arizonans.” Noting “continuous pleas for action” amid increased levels of migrant encounters at the Southwest border, Arizona House Republicans are seeking to “[e]stablish penalties and enforcement against illegal border crossings” with the bill. Specifically, the legislation includes the following provisions:

• Establishing a class 1 misdemeanor (or a class 6 felony for subsequent offenses) for individuals entering Arizona from a foreign country as aliens, except through legal ports of entry.

• Imposing a class 1 misdemeanor for aliens re-entering the U.S. through Arizona if they were previously deported, excluded, or left while a deportation or exclusion order was pending.

  • Elevating the offense to a class 3 felony if the alien was removed due to multiple drug misdemeanors, federal inadmissibility, terrorism involvement, or removal following a nonviolent crime.

  • Elevating the offense to a class 2 felony if the alien was removed after committing a felony.

• Providing for an order of return for aliens violating the law, with failure to comply constituting a class 2 felony.

• Granting immunity from civil liability for local and state government officials, employees, and contractors enforcing the law, with indemnification for civil actions under federal law.

• Mandating the Arizona Attorney General to pursue all available remedies to recover federal reimbursements for state costs incurred due to illegal immigration.

Just yesterday, Arizona House Speaker Ben Toma’s "Protecting Arizona Against Illegal Immigration Act” passed the House Appropriations Committee with a 10-7 vote. Toma’s HCR 2060, if enacted, would lead to a ballot proposition during this fall’s general election regarding the use of E-Verify. This ballot proposition would specifically cover the idea of “[r]equir[ing] a municipality or county that receive[s] state monies for a public welfare program to use the E-Verify program to verify the adult recipient is lawfully present in the United States under federal law before disbursing public welfare monies.” Most notably, the House resolution would “[d]irect[] the municipality or county to keep a record of the citizen verification for at least three years,” while also “[e]stablish[ing] that due to the economic and fiscal impact of illegal immigration on Arizona, regulating public welfare programs that use state monies is a matter of statewide concern.” According to Speaker Toma, the resolution would “strengthen[] Arizona's employment laws in several significant ways,” by “enabl[ing] the Attorney General and County Attorneys to investigate violations of the E-Verify law and creat[ing] large financial penalties for employers who violate the law.” Lastly, Toma’s proposal would extend E-Verify requirements to “some independent contractors who are paid more than $600 a year.” 

• Representative Joseph Chaplik: “Under the Biden administration, the consistent refusal to enforce our nation’s federal immigration laws has led to an unprecedented surge of illegal immigration across our southern border, constituting a historic invasion. Despite the legislature’s repeated calls for action, President Biden and Congress have failed to address this crisis. This dereliction of duty has allowed open-border policies to prevail, undermining the rule of law…The consequences are dire: an uncontrolled border presents both security and humanitarian crises. The surge in violence, coupled with the rampant smuggling of illegal drugs, weapons, and human beings, poses an imminent threat to our communities, our state, and the safety of innocent Americans. It is imperative that we act swiftly to secure our borders and restore order, safeguarding the integrity of our nation and protecting our citizens. Just as the State of Texas is defending itself, this bill will allow the State of Arizona to defend itself at the border.” 

• House Speaker Ben Toma: “When those that are responsible for the disaster at our border refuse to do their jobs, when they look the other way, while our children are being killed by drugs, while there's human trafficking and crime -filling our streets, I refuse to stand by and do nothing about it…We may not be able to do the federal government's job, but we can definitely stop Arizona from becoming like California. Our message to illegal immigrants is simple: if you want to take advantage of Americans, go somewhere else. The Act, which is HCR 2060, is one of the toughest laws on illegal immigration ever written.”

Legislative Quick Hits

• SB 1121 - Sponsored by Senator Wendy Rogers, Arizona’s “Defend the Guard” initiative passed the Senate yesterday with a 16-12 vote. Should the bill pass the House and subsequently garner Governor Katie Hobbs’ support, SB 1121 would become the first U.S. state law preventing National Guard troops “from being released into active duty combat unless the U.S. Congress has passed an official declaration of war, or has taken another official constitutional action as outlined.” While the Arizona Senate passed a version of the Defend the Guard Act last March, the Speaker of the House failed to assign the bill to a Committee. According to reports, legislators in 26 states have already introduced versions of “Defend the Guard” during 2024. 

  • Senator Wendy Rogers: “Do not send our Arizona National Guard to a war zone, unless the United States Congress has declared war!”

• SB 1392 - Advanced by the Senate Education Committee on a 5-2 vote last week, SB 1392 would require Arizona’s school district governing boards to “adopt and administer personnel policies that provide non certificated personnel with substantially equivalent due process procedures as those prescribed for certificated teachers.” Sponsored by Democratic Senator Lela Alston, the legislation would give more than 50,000 school support staff in the state–including maintenance workers, bus drivers, and food service employees–enhanced clarity regarding legal protections in areas such as dismissals, suspensions, and contract disputes. 

  • Senator Lela Alston: “Many districts do afford classified employees due process rights, but others do not, and I think it’s very important that we recognize and give [them] the respect and dignity that they deserve and the opportunities to speak for themselves.”

• SB 1614 - On Thursday, the Senate Judiciary Committee voted 4-3 to advance a bill that would specifically modify the “statutory drug threshold amount for fentanyl or fentanyl mimetic substances to consist of one pill, rather than 9 grams.” The party line vote reducing the amount of fentanyl needed for criminal prosecution came nearly two weeks after SB 1614 was first introduced by Senator Justine Wadsack.  

  • Senator Justine Wadsack: “It’s criminal to do these drugs and when they have the drugs they’re passing it on to other people. One pill kills, so we need a one pill bill.” 

• HB 2038 - Also on Thursday, Representative David Cook’s legislation criminalizing secret phone call recordings passed the House Transportation & Infrastructure Committee with a 7-3 vote. Specifically, HB 2038 would “[m]ake[] it a class 5 felony offense for a person to intentionally record a wire or electronic communication without first providing notice to all of the parties.” Additionally, the bill would implement similar penalties should an individual “intentionally intercept either a wire or electronic communication to which the person is not a party or a conversation or discussion at which the person is not present.” If the bill becomes law, Arizona would become the twelfth state to require the consent of all parties when recording a phone conversation. 

  • Representative David Cook: “If you’re going to record a conversation, it should require that you get an order from a judge…They only need a few data set points of a voice to reproduce [a] voice [with AI]…I need to read a little bit more about the AI stuff and how we can protect people from that as well.” 

• HB 2042 - Commonly referred to as the “Tamale Bill,” HB 2042 passed the Arizona House unanimously last Thursday. Revised in order to avoid another veto from Governor Hobbs, the legislation allowing for the production and sale of homemade goods was recently sent to the Senate for a vote. This year’s version includes food-handling licensing requirements in order to assuage Hobbs’s prior concerns regarding the potential for increased food-borne illnesses. 

  • Representative Travis Grantham: “It shouldn't be a crime. Cooking dinner should not be a crime…Many of the items that were of concern last year, that were listed as a reason for veto, were addressed in this bill.”

Other Relevant Headlines

• Senator Kelly Leads Water and Flood Control Hearing in Flagstaff (February 15, 2024) - “Arizona Senator Mark Kelly, Chair of the Senate Committee on Environment and Public Works (EPW) Subcommittee on Transportation and Infrastructure, led a hearing in Flagstaff— the first Senate hearing in the city in more than 30 years. The hearing focused on the water infrastructure needs of small, rural communities in the western U.S. As Arizona communities cope with the impacts of both drought and destructive flooding, Kelly highlighted successful projects including Rio de Flag, the Winslow Levee, and the Pascua Yaqui Waterline and discussed how the U.S. Army Corps of Engineers can play a larger role in addressing drought in the west. During the hearing, Kelly announced his plans to introduce new legislation—The Drought Resilient Infrastructure Act—to create new programs and give new authorities to the Army Corps specifically to respond to drought conditions.”

• Tourism experts predict successful spring training with 2 World Series teams (February 15, 2024) - “We are a week away from Spring Training across the Valley. The Arizona Office of Tourism is expecting another successful year, especially with two World Series teams, the Diamondbacks and Rangers, playing ball. Tourism officials said 6 out of every 10 fans are from out of state. Spring training brought more than $700 million in economic impact, around the same as the Super Bowl. Last year, 1.5 million people came to Arizona for the Cactus League.” 

• Arizona Commerce Authority Allocates Funding to Northern Arizona University for Semiconductor Training and Research (February 15, 2024)  - “The Arizona Commerce Authority (ACA) today announced a $13 million investment in Northern Arizona University (NAU) to expand training programs and research related to metrology, a foundational component of semiconductor manufacturing and innovation…The ACA’s investment in NAU is part of a $100 million commitment announced in 2022 to increase semiconductor and microelectronics development in the state.”

• Promising 'low-carbon future,' mining company to pump $2 billion into Arizona zinc mine (February 15, 2024) - “Mining company South32 has decided to invest $2.16 billion in its Hermosa prospect in the Patagonia Mountains, pouring what it calls the largest private investment in southern Arizona’s history to produce zinc ore by 2027, executives announced on Wednesday…The project is planned as an underground mine, with the company accessing minerals from private lands and eventually extending shafts below adjacent federal lands on the Coronado National Forest. Because the U.S. government considers domestic production of these minerals strategically important, the project is under review in a special, multi-agency process known as FAST-41. But initial production can begin without Forest Service approval because it will occur on the private land…The mine still needs state air quality and surface water discharge permits, which the Arizona Department of Environmental Quality is reviewing, with decisions pending this year.”

• Baja governor meets counterpart from Arizona, along with other lawmakers (February 16, 2024) - “Baja California Gov. Marina del Pilar Ávila Olmeda recently met with Arizona Gov. Kattie Hobbs, Phoenix Mayor Kate Gallego and other leaders from the state of Arizona. Ávila Olmeda said the goal was to create business links and relationships between Baja California and Arizona…During their meeting, Hobbs, Gallego and others discussed near-shoring opportunities within the semiconductor, aerospace and medical industries were brought up…Ávila Olmeda and Gallego signed a pact agreeing to work together to promote marketplaces in both Arizona and Baja California.”

This round-up was written by Jared (JJ) Cichoke. He currently works as a Policy Analyst after previously holding various roles with Senator Martha McSally (R-AZ) and the Senate Committee on Indian Affairs. A graduate of Vanderbilt University, he recently moved to Arizona after spending nearly his entire life in Portland, Oregon.