AZ Republicans advance scaled-back immigration bill amid criticism from businesses, Democrats

Corrections & Clarifications: A previous version of this article misidentified Minority Leader Mitzi Epstein's leadership role in the Arizona Senate.

Republicans amended a disputed ballot measure targeting illegal immigration Thursday as two powerful business groups joined the chorus of criticism against the legislation.

House Concurrent Resolution 2060 is headed for passage on Republican party lines, but would need approval by voters in November. It would make crossing the international border a state crime, allow for state officials to deport border crossers, enhance penalties when fentanyl sales result in death, and boost verification of employees’ immigration status.

Republican lawmakers say Arizona needs the measure to help curb the border crisis. It also serves to potentially pick up political points on an issue that polls show is a concern for many Americans.

The adopted amendments watered down two of the measure’s provisions, eliminating a mandatory 30-day jail sentence for offenders and allowing judges to choose a lesser term of incarceration. The amendments reduce the penalty for a first offense of evading E-Verify requirements from a felony to a misdemeanor, but take away any right to a sentence of probation.

Other amendments include requiring the state corrections department to accept migrants incarcerated in the program; taking away the exemption for Deferred Action for Childhood Arrivals participants if courts determine the program is unlawful; allowing enforcement of the measure if courts uphold any similar state law, instead of just upholding a similar Texas law; defining unlawful presence in the country to include migrants who could have been detained under federal law but were instead paroled; and allowing officials to deport convicted migrants to any federal custody facility.

The amendment process allowed for lengthy debate on the Senate floor, and Democrats took the opportunity to share more criticism of the measure.

“It’s really going to hurt people, especially people that look like me,” said Sen. Sally Gonzales of Tucson, adding the process used to advance the measure has limited debate.

Democratic Minority Leader Mitzi Epstein of Tempe pointed to a cost estimate released by the Grand Canyon Institute, a nonpartisan think-tank.

The report by the institute’s research director, Dave Wells, says state government would have to shell out $185 million a year for the border enforcement provision, basing the estimate on 40% of the state allocation Texas approved for its program. Arizona’s law is based on Texas law SB4, which the Biden administration opposes and is currently under a stay by a federal appeals court. City and county governments would have to pay another $140 million, for a total cost of $325 annually.

Sen. John Kavanagh, R-Fountain Hills, dismissed concerns over the future cost of enforcing the measure. He said it would save Arizona money by curtailing illegal immigration and potential terrorism. He added Arizona’s sheriffs aren’t worried about the costs, so he’s not worried, either.

Epstein referred to a statement at a news conference Wednesday by Yavapai County Sheriff David Rhodes, president of the Arizona Sheriff’s Association. Rhodes said if the law were activated, he’d need to go before the Legislature and ask for a lot of money.

Kavanagh shrugged off the criticism, saying sheriffs’ request for resources to enforce the measure would “get a very priority.”

Sen. Sonny Borrelli, R-Lake Havasu City, agreed with Kavanagh. He said the measure would help curb "poison" being smuggled over the border and protect migrant women from rape. Mainly, he said, it would reduce incentives for migrants to choose illegal entry into the United States.

"Come in through the front door, not the window," he said.

Critics keep up drumbeat against plan

At a news conference Thursday morning, Democrats in the Legislature’s Latino Caucus and their supporters blasted the measure as bad for the immigrant and business communities.

“This will do nothing but give Arizona another black eye,” said Rep. Mariana Sandoval, D-Tucson. “It will impact our economy and ruin our reputation once again. Outside businesses and countries will not want to do business with a state that is showing an anti-immigrant personality.”

The criticism follows similar sentiments from Democratic lawmakers and liberal Latino groups over other Republican border plans this year. They’ve compared it to 2010's SB1070, which caused angst in the immigrant community and resulted in economic losses – though not as much as opponents have claimed.

The Arizona Chamber of Commerce & Industry, which often sides with Republican interests, put out a strong warning over the measure, saying it's "fraught with the potential for unintended consequences" and that opponents would harm Arizona's reputation because of it.

"Arizona businesses will pay the price," the statement said.

Greater Phoenix Leadership, a pro-business group, released a statement that mentioned nothing about the measure’s potential effect on businesses. It instead criticized the proposed ballot measure's potential cost to the state and alleged ineffectiveness.

“This measure places an unfunded mandate on local law enforcement to enforce border policy and lacks the infrastructure needed to assume the federal responsibility of apprehension and detention,” the statement said.

Democratic politicians including Gov. Katie Hobbs, Attorney General Kris Mayes and Pima County Attorney Laura Conover each released statements criticizing various aspects of the measure.

Hobbs noted that she vetoed a bill with similar provisions earlier this year that “lacked support from businesses, farmers, and law enforcement in border communities,” while Mayes described her plan with U.S. Rep. Ruben Gallego to put scanners in ports-of-entry as a better way to tackle the fentanyl problem.

Republican senators did not vote on the measure after approving the amendments Thursday.

The Legislature has been meeting only on Wednesdays during ongoing budget negotiations, but the Senate voted to come back to work on Tuesday, May 13. Assuming the measure passes on GOP that day on party lines as expected, it will then move to the state House for final approval on May 14. The measure would qualify for the November ballot once it passes both chambers, bypassing the need for Hobbs’ signature.

Reach the reporter at  rstern@arizonarepublic.com or 480-276-3237. Follow him on X @raystern.

This article originally appeared on Arizona Republic: AZ Senate Republicans advance scaled-back immigration ballot measure