Arizona voters have approved a measure that empowers local law enforcement to arrest migrants suspected of entering the country illegally. This comes when the southern border has seen a historically unprecedented increase in border crossings over the past few years. 

The measure, Proposition 314, establishes that crossing the border outside an official port of entry into Arizona from Mexico is a state crime, permitting state and local authorities to make arrests and allowing state judges to order deportations. Additionally, those enforcing the law are shielded from civil lawsuits.

Proposition 314 also introduces penalties for other offenses. It makes it a low-level felony to submit false information or documents to obtain employment or public benefits. The measure further classifies the sale of fentanyl as a class 2 felony if a seller knowingly sells the drug and a person dies as a result.

While voters approved the measure, it will not immediately take effect. According to Fox News, implementation of parts of the bill is contingent on a similar law in Texas or another state remaining in effect for 60 consecutive days. Currently, the Texas law is undergoing a legal review to determine its constitutionality. If the law is ruled unconstitutional, it is not clear what the next steps would be for Proposition 314.

State lawmakers who supported the measure argued that it will enhance security at the southern border amid a historic increase in crossings during the Biden administration. However, critics have warned that the policy could potentially lead to racial profiling of Hispanics in the state.