Arizona Governor Vetoes SB 1231

This session, the Arizona legislature passed SB 1231 (the Arizona Border Invasion Act). An important part of that law would have been 13-4295.01, creating the following new state crime (class 1 misdemeanor):

IT IS UNLAWFUL FOR A PERSON WHO IS AN ALIEN TO ENTER OR ATTEMPT TO ENTER THIS STATE DIRECTLY FROM A FOREIGN NATION AT ANY LOCATION OTHER THAN A LAWFUL PORT OF ENTRY.

In addition, 13-4295.02 would have created another new state crime (a class 1 misdemeanor or class 3 felony depending on certain predicates):

IT IS UNLAWFUL FOR A PERSON WHO IS AN ALIEN TO ENTER, TO ATTEMPT TO ENTER OR TO BE FOUND AT ANY TIME IN THIS STATE IF EITHER OF THE FOLLOWING APPLIES:
1. THE PERSON HAS BEEN DENIED ADMISSION TO OR EXCLUDED, DEPORTED OR REMOVED FROM THE UNITED STATES.
2. THE PERSON HAS DEPARTED FROM THE UNITED STATES WHILE AN ORDER OF EXCLUSION, DEPORTATION OR REMOVAL IS OUTSTANDING.

In addition, the law would have authorized state judges and magistrates to order defendants “to return to foreign nation.”

Today, however, Arizona Governor Katie Hobbs (Dem.) vetoed the bill. Hobbs noted that the bill “does not secure our border, will be harmful for communities and businesses in our state and burdensome for law enforcement.” She also expressed concerns about its constitutionality in light of preemption principles.

-KitJ