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Legal fight continues with appeals over proposed immigration initiative for Arizona Nov. 5 ballot

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Legal fight continues with appeals over proposed immigration initiative for Arizona Nov. 5 ballot


PHOENIX — The fight to keep a proposed border initiative off Arizona’s Nov. 5 ballot is not over yet.

Immigrant advocates kept the issue alive this week by filing notice to the state Supreme Court that they will appeal the judge’s ruling.

A Maricopa County Superior Court judge on July 12 rejected an effort by the advocates to keep the proposed initiative off the ballot. The advocates argue that the measure breaks the rules because it deals with more than a single subject.

Attorney Andy Gaona, who represents some of the groups, said Friday he was working on legal briefs in the cased that were due later in the day. The Legislature will have until July 26 to respond, he said.

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“We do think that single subject provision was violated,” Gaona said. “We hope that the court agrees.”

Supporters of the initiative argue that it deals with a single subject: the border.

The GOP-controlled Legislative in early June voted to allow to proposal to be placed on the ballot, asking voters if local law enforcement should be allowed to arrest migrants who cross illegally from Mexico into Arizona between ports of entry. The measure would also give state judges the power to order people convicted of the offense to return to their countries of origin.

A vehicle drives along the U.S. side of the US-Mexico border wall in Nogales, Ariz. on Tuesday, June 25, 2024. Immigrant advocacy groups this week appealed a judge’s ruling to allow the proposal to allow local law enforcement to arrest migrants who cross illegally from Mexico into Arizona between ports of entry to stay on the state’s Nov. 5 ballot. Credit: AP/Jae C. Hong

It is similar to a Texas law that has been put on hold by a federal appeals court while it is being challenged.

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Unlike the Texas law, Arizona’s proposal would also make it a felony punishable by 10 years of imprisonment for selling fentanyl that leads to a person’s death. Also included is a requirement that some government agencies use a federal database to verify a noncitizen’s eligibility for benefits.

The Republican-backed proposal bypasses Democratic Gov. Katie Hobbs, who had vetoed a similar measure in early March and has denounced the effort to bring the issue to voters.

Supporters of the bill said it was necessary to ensure security along the state’s southern border, and that Arizona voters should be given the opportunity to decide the issue themselves. Opponents say the legislation would lead to racial profiling and create several millions of dollars in additional policing costs that Arizona cities, counties and the state can ill afford.

A group of migrants walk to a van as hundreds...

A group of migrants walk to a van as hundreds of migrants gather along the border Tuesday, Dec. 5, 2023, in Lukeville, Ariz. Immigrant advocacy groups this week appealed a judge’s ruling to allow the proposal to allow local law enforcement to arrest migrants who cross illegally from Mexico into Arizona between ports of entry to stay on the state’s Nov. 5 ballot. Credit: AP/Ross D. Franklin

The measure would go before voters in a state expected to play a crucial role in determining which party controls the White House and the U.S. Senate — likely razor-close races in Arizona. Republicans hope it will focus attention on the border, which they accuse Biden of mishandling, and dilute the political benefits Democrats seek from an abortion-rights initiative.

Disorder on the border is a top motivator for many Republican voters who former President Donald Trump hopes will vote in big numbers.

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President Joe Biden in early June unveiled plans to restrict the number of migrants seeking asylum at the U.S.-Mexico border.

This isn’t the first time Republican lawmakers in Arizona have tried to criminalize migration.

When passing a much-debated 2010 immigration bill, the Arizona Legislature considered expanding the state’s trespassing law to criminalize the presence of immigrants and impose criminal penalties. But the trespassing language was removed and replaced with a requirement that officers, while enforcing other laws, question people’s immigration status if they were believed to be in the country illegally.

The questioning requirement was ultimately upheld by the U.S. Supreme Court despite the racial profiling concerns of critics. But courts barred enforcement of other sections of the law.



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Arizona softball starts Big 12 play with run-rule win over BYU

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Arizona softball starts Big 12 play with run-rule win over BYU


Arizona softball catcher Sydney Stewart celebrates as she runs the bases following a home run against BYU on Mar. 5, 2026 at Hillenbrand Stadium
Photo courtesy of Arizona Athletics

Arizona head coach Caitlin Lowe did not want the 2026 Big 12 softball season to start the way the 2025 one did. Last year, the Wildcats were upset by UCF in the opening series of conference play. There was no such letdown this year as No. 13 Arizona defeated the BYU Cougars 13-1 in five innings at Hillenbrand Stadium.

“They really took it upon themselves to make a statement and just wanting to set a tone for conference,” Lowe said.

It was Arizona’s sixth straight run-rule victory. The players felt that it should be the expectation.

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“I think that’s what we’re capable of every single game, and we should keep working towards that goal,” said junior centerfielder Regan Shockey. “And our next focus is just the next game. Do the same exact thing.”

There was an early suggestion that there might be a repeat of last year. A defensive lapse in right field allowed BYU leadoff Lily Owens to reach third base. A one-out double by Hailey Shuler drove her in to give the Cougars an early lead.

After the team’s postgame huddle, right fielder Grace Jenkins spent a considerable amount of time talking to Lowe one-on-one. The head coach could be seen pointing towards right field as if she was explaining fielding and placement.

“We were talking softball, man,” Lowe said. “So, debrief on the day and where she’s at. And she’s a catcher playing the outfield, and she’s doing awesome at it. She is a true athlete and has the high expectations for herself, so I think sometimes she needs to give herself a little grace that she’s kicking butt at it, and she’s great out there. She just wants to be the best.”

Arizona starter Jalen Adams kept the first-inning damage to a minimum. She only needed four more pitches to get the final two outs of the inning.

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“Proud of the response after [BYU] scoring a run in the first inning,” Lowe said.

Any confidence the run might have inspired in the Cougars was quickly squashed by the Wildcats’ response with the bats. Arizona sent 15 to the plate and scored 11 runs in the bottom of the first. Eight of those runs came with two outs. Catcher Sydney Stewart drove five in with a 3-run double and a 2-run homer.

After the home run, the lights at Hillenbrand began to flash in what the program’s social media called “party lights.”

“I thought it was pretty cool,” Stewart said. “One time, I think it was like after practice, late practice, they were practicing [the lights]. Like, why don’t we do this? But seeing it today when I was rounding second, like, there’s no way that just happened right now. Just super cool.”

Up Next for Arizona Softball

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Who: BYU Cougars (5-15) @ No. 13 Arizona Wildcats (18-5)

When: Friday, Mar. 6 @ 3 p.m. MST; Saturday, Mar. 7 @ 12 p.m. MST

Where: Rita Hillenbrand Memorial Stadium in Tucson, Ariz.

Streaming: ESPN+ (Friday, Saturday)

Stats: Arizona Live Stats (Friday, Saturday)

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Lowe was pleased with the way her entire offense passed the bat in the opening frame. While there were two doubles and a home run in the inning, small ball was a big part of the scoring, too. The Wildcats had five singles and four walks in the bottom of the first. They also took advantage of two wild pitches and a stolen base.

“I thought they were perfectly themselves in that first inning,” Lowe said. “As far as not trying to do too much, they stayed true to who they were as hitters, and then just went to work…I think you can see how fast it can happen when it gets contagious that way.”

BYU starter Gianna Mares was responsible for all 11 runs. Shuler moved from designated player to pitcher after Stewart’s home run. She walked Jenkins and allowed her to move up on a wild pitch, but Shuler finally got the final out with a groundout by Emma Kavanagh.

Stewart is known for her big bat and driving in runs. Arizona’s scoring in the second inning came from players with radically different offensive games.

A single, a walk, and a fielder’s choice put runners on the corners with one out for the Wildcats. That brought up Shockey. The centerfielder already had two RBI from the first inning. She picked up her third of the game in the second frame. It almost doubled her season total to 7.

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“I didn’t want to change my plan,” Shockey said. “I bounced the ball, and my goal is just to move them over or get on for the next person. I wasn’t thinking of scoring the two runs [in the first inning] because I know who’s behind me, and that’s Sereniti [Trice], and that’s Stew, and that’s Tayler [Biehl]. So my goal was just to bounce the ball and get on. It just happened to score two, but I try to keep it as simple as possible.”

Shockey went 2 for 4 on the day. She scored 2 runs in addition to driving in 3 more. It improved her season average to .443.

Trice was a perfect 3 for 3 with 2 runs scored and 2 RBI. Her average is now up to a team-high .542. She also leads the team with 39 hits. Shockey is second with 31. Trice is fourth on the squad with 18 RBI.

Adams pitched 4.0 innings and improved her record to 10-3. Her ERA dropped to 2.91. She gave up just 1 hit. The only BYU run was unearned. Three errors were committed behind her.

Sophomore Jenae Berry pitched the final inning. She did not give up a hit, but she allowed two baserunners on a walk and a hit batter. She also threw a wild pitch.

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The Wildcats and the Cougars will take the field again on Friday afternoon before finishing the series on Saturday, Mar. 7.



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ICE detainee in Arizona dies after not receiving ‘timely medical attention’

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ICE detainee in Arizona dies after not receiving ‘timely medical attention’


A man being held at a US immigration detention facility in Arizona died this week after reporting severe tooth pain and not receiving “timely medical attention”, according to a local official.

Emmanuel Damas, a Haitian asylum seeker, was being held at the Florence correctional center in Arizona when he began to feel a toothache in mid-February, a pain that weeks later led him to the hospital before he died on Monday.

“His reported struggle to receive timely medical attention before being transferred to a hospital raises serious and painful concerns about the quality of care provided to individuals in custody,” Christine Ellis, a Chandler city council member, said in an Instagram post.

According to Ellis, Damas was taken into custody by Immigration and Customs Enforcement (ICE) agents in Boston in September 2025 and was later transferred to the facility in Florence, Arizona.

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The Arizona Daily Star reported that Ellis had called for an investigation into Damas’s death.

“He was complaining for almost two weeks straight, until he collapsed and got septic from the infection,” Ellis told the local news outlet. Ellis said Damas was transferred to a Scottsdale hospital sometime last week.

Ellis’s office, ICE and the Department of Homeland Security (DHS) did not immediately respond to a request for comment from the Guardian.

Damas’s death has not yet been reported by ICE, according to the agency’s notifications of detainee deaths. At least nine people have died under custody in 2026, according to ICE: Luis Gustavo Nunez Caceres, 42; Geraldo Lunas Campos, 55; Luis Beltrán Yáñez–Cruz, 68; Parady La, 46; Heber Sanchaz Domínguez, 34; Víctor Manuel Díaz, 36; Lorth Sim, 59; Jairo Garcia-Hernandez, 27; and Alberto Gutiérrez-Reyes, 48.

At least 32 people died in ICE custody last year, marking the deadliest year for detainees of the federal immigration agency in more than two decades.

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The stark number of deaths has been just one component of a tumultuous tenure for Kristi Noem as homeland security secretary. On Thursday, Donald Trump announced he would be ousting Noem and replacing her with Markwayne Mullin, a Republican Oklahoma senator, starting on 31 March.

Under her helm, the DHS has faced bipartisan backlash after the shooting deaths of Renee Good and Alex Pretti in Minneapolis at the hands of federal immigration agents earlier this year. Noem accused both US citizens of being involved in “domestic terrorism”.





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Haitian man detained at Arizona ICE facility dies in US custody, brother says

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Haitian man detained at Arizona ICE facility dies in US custody, brother says


FLORENCE, AZ (AP) — A Haitian man confined at an Arizona immigration detention center for months died at a hospital Monday after a tooth infection was left untreated, the man’s brother said Wednesday.

Emmanuel Damas, 56, told medical personnel at the Florence Correctional Center that he had a toothache in mid-February, but he was not sent to a dentist, said Damas’ brother, Presly Nelson.

Nelson believes the staff at the facility did not take his brother’s complaints seriously, even though it was a treatable condition. Nelson said he would expect such a death in countries with less access to health care, but not in the United States.

“As a country — I’m an American now — I think we can do better than that,” Nelson said.

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Damas is among at least nine people who have died in Immigration and Customs Enforcement custody this year.

The Department of Homeland Security did not immediately respond to emails seeking comment. ICE had said it hoped to issue a news release Wednesday.

Earlier Wednesday, ICE officials announced the death of Mexican national Alberto Gutierrez-Reyes, who had been in a California ICE detention center and died in the hospital Feb. 27 after reporting chest pain and shortness of breath.

Chandler City Council member Christine Ellis, a Haitian American who is a registered nurse, said she was contacted by Damas’ family after his death.

“As a medical person, I am absolutely appalled that there were medical-licensed people that were working there and allowed those things to happen,” Ellis said. “It does not make sense to me.”

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A report from the Maricopa County Medical Examiner’s Office listed Damas’ cause of death as “pending” as of Wednesday.

Damas was taken into ICE custody in September and was soon transferred to the medium-security Florence Correctional Center, where he was held for several months, including after his asylum application was denied, Ellis said.

CoreCivic, a for-profit corrections company that runs the Florence facility, did not respond to emails seeking comment.

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Copyright 2026 The Associated Press. All rights reserved.



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