The bill passed by the Arizona Legislature intended to increase border security act will be on the November General Election ballot. On Friday, a judge rejected arguments that the “Secure the Border Act” measure violates the single-subject rule in the state constitution.
The Legislature passed HCR 2060, the “Secure the Border Act,” sponsored by Speaker of the House Ben Toma in early June. Immediately after its passage, a lawsuit was filed by Living United for Change in Arizona (LUCHA), Victory PAC and two other qualified electors joined as plaintiffs in the state.
Arizona State Representative Oscar De Los Santos, a Democrat plaintiff in the suit wrote on X.com at the time, “We allege that HCR 2060 – which embraces a hodgepodge of numerous and varied policies – violates Arizona’s single-subject rule, a provision of our state’s Constitution which stipulates that any one act must deal with only one issue.”
According to Republicans, they passed the measure because of the “intentional and irresponsible” decision by President Joe Biden, Katie Hobbs, and Arizona Democrat lawmakers to block “all efforts to safeguard our citizens against the rampant crime associated with the border crisis currently threatening our national security.”
Maricopa County Superior Court Judge Scott Minder found:
Arizona’s constitution requires HCR 2060 to “embrace but one subject and matters properly connected therewith[.] HCR 2060 is intended to refer “responses to harms relating to an unsecured border“ to the people of Arizona for the November 2024 ballot. In this challenge, Arizona law requires Plaintiffs to overcome the strong presumption that the act is constitutional. Because a natural connection exists, i.e., all provisions are “responses to harms relating to an unsecured border,” Plaintiffs have not met their burden to show a violation. Absent other challenges, the policies of HCR 2060 should be left to the voters.
THE COURT FINDS that HCR 2060 contains single subject, namely “responses to harms relating to an unsecured border.“
THE COURT FURTHER FINDS that all provisions of HCR 2060 reasonably relates to its subject and are matters properly connected therewith.
THE COURT FURTHER FINDS that Plaintiffs have not met their burden to show that the provisions of HCR 2060 violate the single subject rule,
THE COURT FURTHER FINDS that HCR 2060 does not violate the single-subject rule, as a matter of law,
IT IS THEREFORE ORDERED denying the June 11, 2024, and June 18, 2024, applications for preliminary injunction.
Because the parties agreed to combine the trial on the merits with the argument for the preliminary injunction applications,
IT IS THEREFORE FURTHER ORDERED denying all relief sought in the June 5, 2024 Verified Complaint for Declaratory Judgment and Preliminary Injunction and the June 6, 2024, Verified Complaint and finding in favor of the defendants in all counts.
“It’s unthinkable Democrats and our Governor would stand with Biden and radical left activists, instead of the hardworking Arizona families who are begging for their elected leaders to secure our border and promote safety within our communities,” said Arizona State Senate President Warren Petersen. “As expected, the court ruled in favor of sanity instead of chaos, and we’re grateful we are able to provide this opportunity to voters to have the final say on.”
The Secure the Border Act is similar to Texas’ SB 4 and would provide local, county, and state law enforcement the authority to arrest individuals who are non-U.S. citizens entering Arizona from Mexico outside of a lawful port of entry. SB 4 is currently on hold as it’s being litigated in federal court. If upheld by the courts and if Arizona voters support the Secure the Border Act in November, this specific provision of the bill would take effect in Arizona 60 days after implementation in Texas.
Other provisions in the bill, not contingent on court rulings, include harsher penalties for drug dealers trafficking fentanyl across the border that leads to an overdose death of a person. It will also establish a state crime of any individuals living in Arizona illegally who knowingly submit false information or documents to apply for government benefits or apply for employment. Lastly, it will require state agencies administering benefits to use the federal Systematic Alien Verification for Entitlements program, in addition to current state verification systems when determining eligibility of non-U.S. citizens.
“Arizonans need to ask Democrats like President Joe Biden and Governor Katie Hobbs why they are fighting to keep America’s border wide open,” said Toma at the time. “It’s unsafe, it’s unsecure, it’s un-American, and it’s indefensible. Nothing good comes from open borders. Only crime, deadly drugs, violence, unsafe communities, and an unending financial drain on American taxpayers. Yet, Democrat leaders fiercely oppose doing anything about it.”
“Arizonans have had enough and want change,” continued Toma. “They want safe communities and a secure border. House Republicans do too. That’s why we crafted HCR 2060, the Secure the Border Act, 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. Today’s final passage sends this Act to the ballot this November, so the will of Arizona voters is heard.”
