NEW YORK – While the Catholic bishops of Arizona acknowledge the federal government’s failure to effectively manage the U.S-Mexico border, they argue that a state government border security proposal is an inadequate solution that will have “harmful consequences.”
The state’s proposal, Proposition 314 or HCR2060, would in-part make it a crime for noncitizens to enter the state directly from a foreign nation from anywhere other than legal ports of entry. The measure is on the ballot in November, and one poll shows it has overwhelming support from voters.
“We do not question the good intentions of those seeking to address [the challenges at the border]. Nevertheless, we believe that Proposition 314 will have unanticipated consequences, and that is not the right solution,” the Arizona bishops said in a Sept. 4 message. “Although proponents argue that Proposition 314 is about border security, the reality is that its passage will create real fear within Arizona communities that will have harmful consequences.”
The message was signed by Bishop John Dolan and Auxiliary Bishop Eduardo Nevares of Phoenix, Bishop Edward Weisenburger of Tucson, and Bishop James Wall of Gallup.
Proposition 314 was cleared for the ballot in July after a superior court judge blocked a lawsuit against it.
Essentially, Proposition 314 mirrors a Texas law, SB 4, in that it would allow 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. The Texas law is currently being litigated in federal court, but if it’s upheld, and Proposition 314 passes, these elements of the bill would take effect in Arizona 60 days after SB 4 is implemented in Texas.
If passed, Proposition 314 would not apply to noncitizens who have been granted asylum or lawful presence in the United States, or to those who haven’t violated federal immigration law. The crime would start as a misdemeanor, with the ability to get raised to a felony for multiple time offenders.
Separate provisions in Proposition 314 would make it a crime for a person not lawfully in the United States to submit false documents to employers, or when applying for federal, state, or local benefits. It would also make selling fentanyl that leads to a person’s death a felony crime.
The Arizona bishops argue that by having state and local law enforcement responsible for what should be the role of the federal government “many crime victims and witnesses will be afraid to go to law enforcement and report crimes,” which will leave many criminals free.
They also contend that any state immigration proposals should instead hold the federal government accountable.
“Additionally, immigration by its nature is a national issue and the regulation of immigration extends beyond the purview of individual states, points consistently affirmed by the US Supreme Court,” the Arizona bishops said. “Rather than holding the federal government accountable, Proposition 314 will only create further disorder and confusion, placing unworkable and unrealistic expectations on state judicial officers and law enforcement personnel.”
An August poll from Noble Predictive Insights (NPI) – a Phoenix based, self-described nonpartisan public opinion polling and data analytics firm – found that an overwhelming majority of registered voters in Arizona support Proposition 314.
A poll of 1,003 registered voters conducted by the firm from Aug. 12-16 found that 63 percent of registered voters approve of Proposition 314, and 16 percent would oppose it. The remaining 32 percent said that they were either unsure of how they’d vote on the proposal, or that they wouldn’t vote.
Republican State Senator David Gowan said in July after the judge blocked the lawsuit against Proposition 314 that it was important for the state to help law enforcement amid a surge of border crossings in recent years.
“While the Biden Administration continues to turn their backs on our law enforcement, we will not,” Gowan said in a statement. “These men and women are putting their lives on the line to protect our communities from the deadly crimes associated with the border crisis, and they deserve the tools and support they need to do their job. Our law enforcement reached a breaking point a long time ago. It’s now up to everyday Arizonans to stop the lawlessness.”
According to U.S. Customs and Border Protection data, southwest land border encounters for April-July were the lowest in more than three years. In fact, July 2024, the latest month that data is available for, had the lowest number of southwest land border encounters since February 2024.
While the Arizona bishops lamented Proposition 314, much of their statement focused on the federal government, and its lack of action on border regulations and policy. The bishops said that the federal government needs to both manage the border, and provide comprehensive immigration reform.
“The lack of federal solution to challenges faced by both vulnerable asylum seekers and American communities is sorely needed and long overdue,” the bishops said. “The states and local communities along the border shoulder much of the challenges created by the federal government’s neglect. Its failure to address increased migration in a pragmatic and humane way has led to an ineffective response at the border and an unacceptable number of migrant deaths.”
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