The Round Up: Fighting for the Spotlight

Border security and abortion continue to fight for the attention of Arizona voters.

May 16, 2024

In today’s round-up: Continuing a trend of recent weeks, Republican state leaders are advancing border-focused legislation that could ultimately appear in the form of a November ballot referendum. Modeled after the controversial Texas law SB 4, the resolution was delayed in the Arizona Senate yesterday (Governor Katie Hobbs previously vetoed similar legislation in March). Building on the immigration theme, a delegation of U.S. House Republicans — including Arizona Representatives Andy Biggs, Juan Ciscomani, and Eli Crane — visited the southern border last week in Cochise County. With the national spotlight on Arizona, the lawmakers criticized the Biden administration over its failure to secure the border.

As with immigration, abortion has been top of mind of late for state leaders. Earlier this week, the Arizona Supreme Court issued a stay order delaying the effective date of the State’s 1864 territorial abortion ban. Following a request from Attorney General Kris Mayes, the Court’s decision would potentially grant the AG’s office enough time to seek a U.S. Supreme Court review.

U.S. House Hearing in Arizona

Last Friday, the U.S. House Judiciary Committee held an immigration-focused field hearing titled “The Biden Border Crisis: Arizona Perspectives” in Sahuarita, AZ. The focus of the GOP-led forum was to examine the increased levels of illegal immigration, as well as the spread of fentanyl and other drugs that are allegedly driven by Biden administration policies. The following witnesses testified at the field hearing: Chris Clem, retired chief border patrol agent; Jim Chilton, rancher in Arivaca, Arizona; Jacob Kartchner, retired Cochise County sheriff’s deputy, 5th generation Arizona rancher; and Jill Fagan Alexander, mother of fentanyl poisoning victim.

During the roughly 90-minute public hearing, committee Republicans emphasized their dissatisfaction with policies advanced by the Biden administration. Arizona Representative Juan Ciscomani noted that he believes in the “American Dream,” but emphasized that the “abuse” at the border is “not a reflection of that.” Similarly, fellow Arizona Representative Andy Biggs highlighted the strain on small communities when they “have all of those people coming” illegally across the southwest border. While not a member of the Judiciary Committee, the hearing’s third Arizona representative, Eli Crane, went so far as to call President Joe Biden and Homeland Security Secretary Alejandro Mayorkas’s inaction at the border “treasonous.”

After the hearing, several members of the Judiciary Committee participated in a short press conference. Republicans on the committee were accused of “politicizing” the immigration debate by a Green Valley News journalist, who noted that “drugs come over regardless of who’s in the White House.” Chairman Jordan responded that he and other Republicans were “just talking about the facts” as the U.S. “went in three years and four months from a secure border to no border.” Representative Ciscomani responded to the politicization question by emphasizing that immigration “has bipartisan attention.” Specifically, Representative Ciscomani referenced a recent visit he took to Nogales, Mexico, alongside Representative Greg Stanton (D-AZ) and the Bipartisan Policy Center. Also, Ciscomani touched on his bipartisan legislation aimed at “crack[ing] down” on individuals fleeing immigration enforcement officials.

Last week’s hearing follows several previous visits from Congressional Republicans to southern Arizona over the last year. In February, 11 members of the Congressional Western Caucus — including Representative Ciscomani — received separate immigration briefings from both the Cochise County Sheriff’s Department and U.S. Customs and Border Protection (CBP). Shortly thereafter, the lawmakers took part in a field hearing of the Federal Lands Subcommittee, part of the House Natural Resources Committee, to “examine the environmental consequences and national security implications of President Biden’s failure to secure our southern federal border lands.” Six months prior, Ciscomani and Representative Biggs participated in a joint subcommittee field hearing on “Biden’s Border Crisis and its Effect on American Communities.”

What U.S. leaders are saying:

House Judiciary Committee Chairman Jim Jordan (R-OH): “We are back in Arizona where the residents feel the effects of Biden’s open border policies each and every day. . . . Illegal immigration is such a problem [in Arizona] that last year, the Department of Homeland Security closed the Lukeville port of entry for more than a month during the holiday season when legitimate travel crossed the borders at its peak so that CBP officers could help process the huge number of illegal aliens entering the country. . . . [The witnesses] all agree that the border has never been as much of a dangerous disaster as it is today. It went from the most secure border in recent history, to the most unsecure border in recent history in just a matter of days. And ultimately, only Joe Biden is responsible for that.”

Immigration Subcommittee Chairman McClintock (R-CA): “On Inauguration Day [in 2021], our borders were pretty much secure. The Remain in Mexico policy of the Trump Administration did slow phony asylum claims to a trickle. The border wall was nearing completion. We were actually enforcing court-ordered deportations, returning illegals to their own communities. . . . The laws didn’t change on Inauguration Day, the Presidency did. And on that first day, Joe Biden rescinded the Executive Orders that Trump had issued to enforce our laws.”

Representative Juan Ciscomani (R-AZ): “The testimonies you’ll hear today will highlight something that we know quite well here in Southern Arizona, and that’s [that] the border is broken. . . . It’s not an opinion, it’s a fact, and we can see that with the numbers. . . . The tragic results of what fentanyl has done to our community is something that we never even imagined. From public safety to trade and commerce as well, to other industries like agriculture, no aspect of life in Arizona is untouched by this border crisis. . . . Our local communities feel abandoned by the federal government, and this White House and this Administration are paying the price for their inaction.”

Representative Andy Biggs (R-AZ): “I want to give you some startling figures. From 2018 to 2020, the encounters averaged 60,000 a year in th[e] Tucson sector…In 2021, that number was 190,000. In 2022, it was 250,000 encounters. In 2023, it was 373,000 encounters, and year to date it exceeds 350,000 . . . [T]hey anticipate that it will exceed 700,000 encounters in the Tucson sector by the end of the fiscal year. . . . What does that do to communities?”

Representative Eli Crane (R-AZ): “I’ve talked to enough families that have lost their loved ones to fentanyl, MS-13 gang members, individuals on the terror watch list. We’ve talked to hospital administrators . . . about how overrun their facilities are. I’ve seen enough of the data, enough of the evidence. Do you guys think that President Biden and Secretary Mayorkas don’t know what’s going on? Do you think they haven’t heard enough information yet? I said I’m not going to mince words. I think it’s treasonous.”

Republicans Move on Secure the Border Act

Last Wednesday, Arizona Republicans held a joint press conference to officially announce their intention to refer the Secure the Border Act to voters this fall. Attended by prominent GOP figures including Senate President Warren Petersen, Senate Border Security Committee Chairman David Gowan, and House Judiciary Committee Chairman Quang Nguyen, the presser came the same day as the Senate’s hearing on HCR 2060. The Senate Military Affairs, Public Safety, and Border Security Committee approved the resolution with a 4-3 vote last week.. HCR 2060 was stalled in the Senate yesterday however, with State Senator Ken Bennett (R-Prescott) expressing concerns about what the bill would do to DACA recipients (“Dreamers”).

According to bill sponsor House Speaker Ben Toma, the Secure the Border Act: (i) “creates two new class 6 felonies for illegal aliens who try to submit false documents or information to evade Arizona’s strong E-Verify laws or obtain taxpayer-funded public benefits”; (ii) “requires state and local agencies to verify a noncitizen’s documents and eligibility for benefits through a federal database, known as the SAVE program, whenever noncitizens apply for public benefits”; (iii) “establishes a new class 2 felony with enhanced prison sentences for drug dealers of illicit and deadly fentanyl”; and (iv) “incorporates legislation from Senate Bill 1231 . . . making it a crime for an illegal alien to enter or attempt to enter Arizona at any location other than a lawful point of entry.”

In response to state Republicans’ plans for a border ballot measure, Democratic leaders have been emphatic in their disapproval. Despite the “federal government’s blatant failure to secure Arizona’s border,” Attorney General Kris Mayes commented that she was “also well aware of the funding and workforce shortages already facing law enforcement agencies across [the] state.” Subsequently, Mayes argued that HCR 2060 will create too many “unintended consequences” that will “negatively impact our law enforcement agencies and our communities.” In addition to labeling the potential ballot referral “a political distraction that will sow seeds of bias and fear,” Mayes stated the Republican plan would fail to “fix[] the issues it claims to address.” Similarly, the Arizona Latino Legislative Caucus called the proposal an “unconstitutional, legally unnecessary, intensely divisive, xenophobic measure” pushed by Republicans as an “election-year dog whistle.” Just ahead of Tuesday’s Senate vote, Governor Katie Hobbs joined Democratic members of the Latino caucus in “denouncing” HCR 2060.

What Arizona leaders are saying:

Senate President Warren Petersen (R-AZ): “The Biden Administration and our Governor have abandoned their duties to protect our citizens from the border crisis and the heinous crimes infiltrating our state. Soon, the people of Arizona will have the opportunity to take matters into their own hands with the Secure the Border Act, HCR 2060. We’re sending this measure to the ballot so you can make your voices heard in November to safeguard your communities, by classifying illegal border crossings as a state crime that local law enforcement will be able to take action against. We hosted a press conference highlighting our plan, with support from House Republicans, county sheriffs, county prosecutors, and border patrol. HCR 2060 passed out of committee with Democrat legislators irresponsibly voting against it.”

Senate Border Security Committee Chairman David Gowan (R-AZ): “The Secure the Border Act is in an effort to protect our citizens in Arizona’s communities. This policy was crafted with input from our sheriffs, from our police, from our troopers, from our law enforcement entities. . . . The plan is to adopt a strike everything amendment, which you guys know as HCR 2060. . . . This measure has several elements that once it passes out of this legislature, voters will have the opportunity to consider. . . . [S]ince the Texas law we’re basing this policy off of is currently on hold while it’s being litigated in federal court, these provisions will only take effect in Arizona if we have a court ruling.”

House Judiciary Chairman Quang Nguyen (R-AZ): “I don’t even recognize the country I immigrated to 49 years ago. Our southern border is wide open, out of control. . . . HCR 2060 is thoughtful and is a comprehensive approach to combating illegal immigration, which is top priority for Republicans in both Houses. . . . [T]his bill is designed to protect the Arizona workforce and strengthen Arizona criminal laws.”

House Speaker Ben Toma (R-AZ): “It’s been incredibly disappointing that Governor Katie Hobbs has repeatedly vetoed well-crafted bills passed by the Legislature, designed to secure our southern border and protect Arizonans. The Democrats’ deliberate open-border policies have inflicted devastating, long-lasting harm to Arizona’s communities. People have had enough, and it’s time for their voices to be heard. By listening to our sheriffs, law enforcement officers, and citizens, we have crafted a ballot referral with meaningful reforms to protect the integrity of Arizona’s workforce, strengthen criminal laws, and reinforce the rule of law in this state.”

Attorney General Kris Mayes (D-AZ): “Yes, we have a fentanyl crisis along with human smuggling and exploitation issues in our state. The Attorney General’s Office alone has confiscated nearly 22 million fentanyl pills and more than 175 lbs. of lethal fentanyl powder just since I took office in January 2023. . . . But further straining law enforcement resources while implementing a measure that could very well lead to racial profiling is not the answer to creating safer communities, not to mention the havoc and harm it would do to our economy, as we saw fourteen years ago with the passage of SB 1070. . . . As Attorney General, I will keep pushing for federal funding for border security, continue targeting the drug cartels, and work closely with other law enforcement agencies to stop the flow of fentanyl into our communities and keep Arizonans safe.”

Arizona Latino Legislative Caucus: “It will only make our Latino community and other communities of color a target for unconstitutional policing and community harassment based on the color of our skin. If Republicans were serious about addressing the issues at the border, they would encourage Congress to pass the bipartisan federal border security bill that had the votes but was stopped when the MAGA former president decided he could campaign on the issue. . . . Mexico is our largest trading partner, and our economies are intrinsically connected and aligned. This measure shows that Republicans are willing to sacrifice that progress and reverse our economic growth just to divide our state and hold onto power. We cannot, and will not, let hate win.”

Governor Katie Hobbs and Democratic members of Latino Caucus: “[T]his referral will not secure our border, and it will not make Arizonans safe. . . . We agree more needs to be done to secure the border. Earlier this year, Congress could have passed a border deal that supported law enforcement and helped manage the large influx of migrants, but it was stopped so extremists can leverage the issue for partisan attacks. Businesses, law enforcement, and Arizonans are paying the price for federal inaction and partisan politics. Now, radicals in the state legislature continue to play the same political games in our state. We have worked tirelessly to ensure a safe, secure and humane environment at the border to fix the crisis on our hands, but this extremist referral is not the answer.”

AZ Supreme Court Delays Abortion Ban

On Monday, the Arizona Supreme Court granted Attorney General Mayes’ request from late April to delay enforcement of the state’s 1864 abortion ban. The state court’s stay order grants Mayes time to potentially bring a case to the U.S. Supreme Court before the ban is able to take effect. While the stay order says the 1864 territorial ban could be enforced as soon as August 12, Attorney General Mayes stated that the actual enforcement date would be September 26 because of a pending court case. While the Arizona court explicitly granted 90 days for the Attorney General to “potentially file a petition for certiorari in the United States Supreme Court,” Mayes explained that the separate, ongoing Isaacson v. Arizona case “stipulate[s]” an additional 45 days. Further, Mayes wrote that she will do “everything” in her role to “ensure that doctors can provide medical care for their patients according to their best judgment,” rather than following laws enacted by “men elected to the territorial legislature 160 years ago.”