A border security ballot measure advanced through the Arizona Senate on Wednesday on party lines with amendments that Republicans say will ensure no one is racially profiled under the proposal. 

The legislation, HCR 2060, would make it a state crime to enter Arizona from Mexico outside of a designated port of entry. That’s already illegal under federal law, but can’t be locally enforced.

The measure is based on a Texas law, SB 4, that is currently blocked from going into effect, as it’s being challenged in court.

Democrats have likened the measure to SB 1070, a controversial immigration law passed in 2010 that was commonly known as the “show me your papers” bill. That law sparked months of protests, and portions of it were later struck down in court.

HCR 2060 is similar to a bill Republicans passed earlier this year, only for it to be vetoed by Democratic Gov. Katie Hobbs. Republicans now aim to bypass the governor’s veto stamp by referring the measure to Arizona voters this November.

But the Senate’s approval is not the last step – the new measure goes next to a vote in the House of Representatives, which isn’t scheduled to convene again until the beginning of June.

And even if approved by the Senate, House and voters, the measure also cannot take effect unless Texas’ SB 4 is cleared in court.

The Senate only approved the measure after adopting several amendments insisted on by Sen. Ken Bennett (R-Prescott). Every Democrat in the Senate opposed the bill, and Republicans only hold a one-seat majority in the Senate – meaning Bennett held the crucial 16th vote needed to move the measure forward.

Bennett objected to part of the bill that would have allowed law enforcement officers to deport recipients under the Deferred Action for Childhood Arrivals program, in the event a future administration or court order canceled the program. 

While voting, Bennett said he was satisfied with an amendment that states the proposal will go into effect prospectively, and will not affect anyone who has been in the country illegally or otherwise if and when the law goes into effect.

Bennett also praised language GOP supporters say will prevent racial profiling under the proposal.

“I’ve done everything I can at this point to make sure that doesn’t happen,” Bennett said before the vote.

But Democrats said their concerns that the measure will be weaponized and used for racial profiling were not satisfied by the amendment. Sen. Rosanna Gabaldón (D-Tucson) spoke about her experience under SB 1070, warning the same could happen under this new proposal.

“Each time that I was stopped, I asked why. Majority of the time, they said, ‘no, prove your citizenship,’ or something like that,” she said. “They didn’t tell me how I broke the law. To me, I believe they didn’t have probable cause, stopping me because of what I looked like.”

Tensions ran high, as debate on the measure lasted more than four hours. 

The amended measure states that law enforcement can only arrest someone if they witness them crossing the border illegally, if there is a technological recording of the crossing or if there is “any other constitutionally sufficient [signs] of probable cause.”

It’s the third, more vague explanation of probable cause that Democrats said could be abused. Sen. John Kavanagh (R-Fountain Hills) argued in favor of that third definition, insisting there are other ways to get probable cause that someone has crossed the border illegally, such as a confession.

“Criminals are stupid,” Kavanagh said, eliciting gasps from onlookers in the Senate gallery opposed to the proposal.

“I’m sorry if I offended any criminals in the gallery,” he added.

That comment led to a heated exchange between Kavanagh and Sen. Catherine Miranda (D-Phoenix), who accused him of racial profiling, which he denied and requested an apology for.

Miranda later warned that, like in Texas, this measure will be challenged if it passes and will ensnare the state in an expensive legal process. She cited warnings from the Senate’s own lawyers that the measure may be unconstitutional and could also violate Arizona statute that requires ballot referrals to cover a single subject.

Miranda argued a different part of the ballot referral that includes enhanced sentencing guidelines for a person found guilty of knowingly selling fentanyl that causes the death of another person violates that restriction.

Sen. Christine Marsh (D-Phoenix) also objected to the fact that the measure refers to fentanyl. Marsh argued that it won’t stop that drug from hurting Arizonans, citing Border Patrol figures that show most fentanyl trafficked into the country is being moved by legal residents through official ports of entry.

“This bill will not solve the fight against this crisis,” Marsh said. “It makes it appear falsely that there’s already a solution to the crisis.”

The bill was also amended to say that someone who chooses to “self-deport” could go back across the border into Mexico, or to their “country of origin” if it is not Mexico.

Senate Minority Leader Mitzi Epstein (D-Tempe) questioned how that will be enforced. She and other Democrats also questioned how much the measure will cost the state since it doesn’t include any appropriation of funds.

Republicans did not have specific answers to that criticism. Sen. David Gowan (R-Sierra Vista), the bill’s sponsor, only said that those charged under the law would be financially responsible for self-deporting.

Roughly halfway through the proceedings, Sen. T.J. Shope (R-Coolidge) was interrupted by protesters with LUCHA, an advocacy group opposed to the measure, who yelled “Stop the hate,” and cursed at Republicans before being escorted out by security.

Sen. Anna Hernandez (D-Phoenix) said that not only is she concerned about racial profiling, but how individuals who believe they are victims of that treatment will hold law enforcement accountable.

She drew attention to a section of the bill that grants law enforcement officers civil immunity if they are sued for enforcing the law. 

“What legal recourse will they have?” Hernandez asked the room.

Senate President Warren Petersen (R-Gilbert) rejected that criticism, saying the immunity clause applies to issues at the state level, not alleged violations of federal Civil Rights laws. 

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Arizona senators narrowly approved a proposed ballot measure on Wednesday that would give local law enforcement the authority to arrest people who illegally cross the US-Mexico border into the state.

The proposal, which passed along party lines by a 16-13 vote, would make it a state crime for illegal migrants to enter Arizona from Mexico at any location other than a port of entry – therefore allowing local and state police to arrest them.

It would also allow state judges to send those convicted of the crime, which would be punishable by up to six months in jail for the first offense, back to their country of origin after completing their sentence. Judges could also dismiss a pending charge if the person agrees to return to their home country.

ILLEGAL IMMIGRANTS ESCAPE INTO THE US THROUGH GAP IN ARIZONA BORDER WALL

While it is already illegal at the federal level to make unauthorized entry into the U.S., supporters of the measure said Arizona should be able to deal with the crime itself because the federal government isn’t stopping the increase in crossings.

“Democrat legislators, Katie Hobbs and Joe Biden are failing Arizona. We share your concern. You will have the opportunity to take border security matters into your own hands this November with the Secure the Border Act,” the Arizona Senate GOP posted on its X account on Wednesday.

Supporters also said some of the illegal migrants entering Arizona commit identity theft and take advantage of public benefits.

Opponents believe the proposal, if passed, would hurt Arizona businesses, burden law enforcement and lead to racial profiling of illegal migrants and American citizens.

“HCR2060 will kill-jobs(sic), make it harder for law enforcement to keep us safe and will vilify communities of color,” Democratic Gov. Katie Hobbs said in a statement earlier this month. “We will continue to work tirelessly to ensure a safe, secure & humane environment at the border to fix the crisis on our hands, but this referral is not the answer.”

Arizona Gov. Katie Hobbs has been vocal in her opposition to the proposal and vetoed a similar border protection measure in March. (Rebecca Noble/Getty Images)

SWING STATE GOP LOOKS TO GO AROUND DEM GOVERNOR, PUT TEXAS-STYLE BORDER BILL BEFORE VOTERS

A slightly different version of the proposal stalled last week after Republican Sen. Ken Bennett raised concerns over a provision targeting recipients of the Obama-era Deferred Action for Childhood Arrivals (DACA) program, which prevents deportation for thousands who arrived in the U.S. as a child.

The earlier version of the proposal would have made DACA recipients subject to prosecution if their protections from deportation were later canceled or deemed unlawful.

That provision was cut from the measure approved on Wednesday and language was added to clarify that the law wouldn’t apply to migrants illegally in Arizona prior to its enforcement.

“I know this is not perfect, but this is a vast improvement of where it was a week ago,” Bennett said.

If passed by the state legislature, Arizona voters will have the opportunity to vote on the measure aimed at better securing the state’s border with Mexico in November. (John Moore/Getty Images)

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The measure now advances to the Republican-controlled House.

If approved by the state legislature as a whole, it will bypass Hobbs – who vetoed a similar proposal in March – and be decided upon by Arizona voters on the Nov. 5 ballot.

The Associated Press contributed to this report.

FLAGSTAFF, AZ (AZFamily) — Thanks to a relatively mild spring for the high country, Snowbowl Resort near Flagstaff is set to break another record this year by extending its skiing and riding season until June 1.

LIVE: Arizona Snowbowl webcam

According to Snowbowl officials, this is the first time in Arizona history that a ski season has remained open through Memorial Day.

This ski season in Arizona has been nothing short of extraordinary, with many areas in northern Arizona pushing their final snowfall totals to at least 10 inches above normal.

The resort says the conditions are exceptional across the mountain and is ready to welcome Arizonans for two additional weekends, providing a perfect opportunity to escape the Valley heat.

Snowbowl will be open for Memorial Day weekend (Friday, May 24-Monday, May 27) and will then reopen on Saturday, June 1.

The Arizona Gondola will be the only lift operating during Memorial Day weekend and on the closing day.

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