Why you should pay attention to Arizona’s Proposition 314 this election.
This article is a part of Down-Ballot, a weeklong series highlighting state measures worth watching in the 2024 United States election.
Emily Sotelo Estrada knows firsthand the ramifications of letting local police departments enforce federal immigration laws.
She was seven years old when her father was supposed to pick her up from school one day but never arrived. Later, she discovered he’d been taken into custody by local law enforcement after a traffic stop. Her father spent almost five months separated from his family before they were eventually reunited.
“It’s a really hard thing to understand as a child that, because your parents don’t have proper documentation, that they’re gone,” says Sotelo Estrada, who grew up in Prescott, Arizona, about an hour and a half north of Phoenix. “It’s something that’s really hard and traumatic for children and because of that, I grew up in fear of law enforcement.”
Sotelo Estrada’s parents are immigrants from Mexico, and her father had been arrested after the 2010 passage of Arizona’s Senate Bill 1070—colloquially known as the “show me your papers” law—which allowed local and state law enforcement agencies to ask for proof of citizenship if they suspected someone was in the country without authorized documentation. It was one of the strictest anti-immigration laws in the country, and its passage led to both national and international outcry, including marches and boycotts.
Sotelo Estrada, 20, now attends Arizona State University, and is one of many activists throughout the state speaking out against a new measure—Proposition 314—that will ask voters to once again let the state enforce federal immigration laws. She is currently an Arizona’s Future Fellow with Aliento, a youth-led organization that advocates for undocumented immigrants, Deferred Action for Childhood Arrivals (DACA), and families with mixed immigration statuses within their household. Through this leadership development program, she’s been working to educate voters on the potential effects of the proposition, hosting voter registration drives, and conducting outreach campaigns within her community and on college campuses.
If passed, Proposition 314 would make it a state crime for migrants to enter the country at any location that’s not a port of entry, allow state and local police to arrest noncitizens who have entered the country illegally, and allow state judges to order deportations. The proposition would also criminalize migrants who knowingly submit false documentation when applying for federal, state, or local public benefits, as well as those who submit false information or documents to an employer to avoid detection of employment eligibility under the E-Verify program. (E-Verify is an online system that allows employers to confirm whether their employees can work in the United States.) If passed, the law would also enact certain penalties, such as an additional five years added to any prison sentence for anyone who knowingly sells fentanyl that was smuggled into the United States and causes the death of another person.
The Republican-controlled Arizona State Legislature passed a similar law in March during the legislative session, but Democratic Gov. Katie Hobbs vetoed the measure. At the time, Hobbs said the bill would hurt businesses and communities around the state while overburdening law enforcement and potentially attracting lawsuits.
The state legislature referred the measure to the November ballot in June, and in August, the Arizona Supreme Court helped the proposition clear a final hurdle after it rejected a legal challenge from Latino advocacy groups who questioned the constitutionality of the law, allowing it to remain on the ballot.
In the leadup to the election, Proposition 314 has drawn the ire of activists, civic groups, religious leaders, and even some law enforcement personnel, who view the measure as an unfunded mandate that could pack the state’s prisons, overwhelm police and sheriff’s departments, promote racial profiling, and instill fear into immigrant communities throughout the state.
“It’s a huge overreach in regard to law enforcement overstepping boundaries, leading up to potential racial profiling,” says Alicia Contreras, executive director of Corazón Arizona, an interfaith grassroots organization that has spoken out against the proposition. “It really puts extreme risk and harm in our community, and when we talk about our communities, that’s our Black, brown, [and] indigenous people of color in [our] community.”
Corazón Arizona has worked with a coalition of other groups to conduct voter registration drives, host a press conference, engage the community through town halls and roundtable conversations, and work with faith leaders to help educate their congregations, Contreras says. She believes the work will continue beyond election day.
“Nov. 5 is not the end,” she said. “We’re going to continue to fight with our communities, organize with our communities, and stand up to unjust laws.”
Contreras referred to the proposition as “SB 1070 on steroids,” saying it could cause further division within communities across the state and harm Arizona’s most vulnerable populations.
“It is not going to support us, and, to be clear, it does nothing to improve our immigration system,” says Contreras, who organized and protested against SB 1070 14 years ago.
Arizona recently ranked as the state with the highest number of migrant crossings, although the number of crossings along the Mexico border have plummeted after President Joe Biden enacted asylum restrictions this summer. Biden implemented the restrictions at a time when more Americans, including Democrats, have become more resistant to immigration.
In Arizona, a poll released in September by Noble Predictive Insights showed that Arizona voters overwhelmingly supported Proposition 314, with 63% saying they would support it and 16% saying they would vote in opposition to the measure. However, if passed by voters, Proposition 314 wouldn’t become law unless a similar measure in Texas, Senate Bill 4, is deemed constitutional. The Texas law, which was passed by its state legislature in 2023, has been blocked due to legal challenges.
The state’s Republicans have continually described the arrival of migrants as an “invasion,” with Republican State Sen. John Kavanagh saying during a televised debate last month that the proposition would attempt to address problems caused by the “tsunami of illegal immigrants.”
According to Kavanagh, Proposition 314 is supposed to target the “worst of the worst” such as drug smugglers, human smugglers, those on the terrorist watchlist, and others who wouldn’t qualify for asylum.
Kavanagh, who supported SB 1070 and defended the controversial law during the debate, said this measure is supposedly different because of its “laser beam” focus on stopping criminals and smugglers, instead of authorizing law enforcement to conduct roundups of migrants.
Democratic State Rep. Analise Ortiz called the proposition “unconstitutional” and a “waste of your tax dollars” during the debate with Kavanaugh. She also argued that it wouldn’t “secure the border” and invoked its similarities to New York City’s stop-and-frisk policy, turning law enforcement and civil servants into immigration agents without the financial backing.
Sotelo Estrada, meanwhile, only remembers the trauma of not seeing her dad for months, and has expressed fear that children and their families could experience the same hardships if this proposition is approved by voters.
“No matter your immigration status, it’s going to impact so many different families within the state of Arizona,” she says. “Our biggest thing is we don’t want children to grow up in fear.”