Whether you live in Tucson, commute close to the border, or have relatives that cross between Arizona and Mexico, Arizona Prop 314, also known as the Secure the Border Act, is legislation that you should take into consideration. The team of Tucson criminal defense lawyers at Lerner and Rowe Law Group is well-informed about all the latest changes so that if either you or someone you care about is charged by the state with a crime related to crossing the border or illegal immigration laws, we’ll make sure you’ll be well-defended from the get-go.
What Is Arizona Prop 314?
Arizona Prop 314, also known as the Immigration and Border Law Enforcement Act, and alternatively called the Secure the Border Act, is a comprehensive state statute that transfers immigration crimes from federal law enforcement and prosecution to state agencies.
In essence, Prop 314 entails the following measures:
- Makes it a state crime to enter the country illegally. Pursuant to Prop 314, anyone who enters Arizona from Mexico through a point of entry not officially designated by the federal government commits a state crime—a Class 1 misdemeanor offense, carrying a penalty of up to six months’ incarceration in jail upon first-time conviction. A second-time violation is charged as a Class 6 felony. Obstruction of deportation orders is considered a Class 4 felony.
- Allows for arrest power at local and state levels. Another major change introduced in Prop 314 is giving arrest powers to local police officers like those from Tucson Police and the Pima County Sheriff’s Department for apprehending any individual they think has crossed the border illegally. This means that the enforcement of immigration laws will be the responsibility of federal departments such as Border Patrol and ICE.
- Enables deportation power at state level. Tucson Immigration Court will now be able to order deportation of people to Mexico, which was a right previously held by the federal government only.
- Introduces a punishment for fentanyl distribution. Prop 314 provides for a Class 2 felony charge for people who sell fentanyl produced out of the United States and whose act results in the death of another individual. The sentence enhancement is set at a minimum of five years in prison.
- Verification of immigration status. Agencies providing various kinds of public services and benefits such as Medicaid (AHCCCS) are now mandated to check immigrants’ immigration status from federal databases.
What Is Currently Enforceable About Arizona Prop 314?
Tucson residents and families should know that not everything included in Prop 314 can currently be enforced; however, the enforcement may become possible at any time.
The provision regarding illegal entry cannot become operative unless an identical law from another state (such as Texas’ SB 4) has been in place for 60 days. Currently, Texas’ law remains unenforced because of ongoing federal court challenges, while the April 2025 lawsuit specifically targets Prop 314 and its alleged violations of constitutional rights, including the possibility of racial discrimination and lack of financing.
On the other hand, the following provisions of Prop 314 have been put into effect already:
- Penalties for presenting false documentation when applying for governmental assistance or in an E-Verify program for employers
- Increased punishment for selling fentanyl if it leads to someone’s death
- Verification of immigration status among applicants for government assistance
What this practically translates to: Arizonans—especially those in Pima County and from Tucson neighborhoods near the border—are already living under parts of this bill. The illegal entry aspect of this can potentially take effect quickly, after the legal hurdles are addressed in court.
Why Is Tucson At Ground Zero for This Issue?
While other cities and counties may face some consequences of Prop 314, Tucson is at the epicenter of it all.
Pima County shares many miles of border with Mexico, and the Tucson Sector has historically been one of the busiest areas in the entire nation when it comes to immigration crossings. Having Mariposa Port of Entry just across the border from Tucson in Nogales, along with high immigration traffic through the I-19 and I-10 border regions, leads to increased enforcement activity.
Opponents of Proposition 314 have valid concerns regarding racial profiling. According to the proposition, one can be arrested based on the police’s belief that there is “probable cause,” which can include witnessing a crossing, viewing the video recording, or any other “constitutionally sufficient indicia of probable cause” without defining what that term means.
In a place such as Tucson, where a sizable part of the population belongs to the Latino community, it becomes an issue that can be easily validated with Arizona’s past experience with SB 1070.
Whether you are being stopped, detained, interrogated, or arrested, irrespective of the legality of your crossing, your rights are protected under the constitution. You have the right to remain silent, you have the right to legal representation from an illegal entry lawyer in Tucson, and you do not need to respond to queries regarding your place of origin or entry into the United States.
How a Tucson Criminal Defense Lawyer Can Help You
The complexities of having an Arizona state criminal case involving an arrest under Proposition 314 (or state border crimes in general) mean that the interplay between the state court system and the federal immigration laws involved can complicate things greatly. To navigate this, you need an experienced Pima County defense attorney.
Here are some ways we at Lerner and Rowe Law Group can help you if you’ve been arrested under Arizona Prop 314:
- Challenging the arrest itself. One of the requirements of Prop 314 is that there must be probable cause for an arrest. If the police officer didn’t have enough information to justify an arrest, or if the arrest was based on racial profiling, then we can challenge the validity of the arrest.
- Finding constitutional violations. Everyone, whether or not they are in the country legally, has constitutional rights under the Fourth and Fifth Amendments. Illegal search and seizure, coercion during interrogation, and failure to give the individual their rights are all grounds to challenge state criminal charges.
- Working through state and federal interaction. When faced with a criminal complaint based on Prop 314, there may be important repercussions for federal immigration cases in the future. We advocate for you in state court, always mindful of the larger implications.
- Seeking to dismiss or reduce charges. Where a first offense, affirmative defense, or lawful federal status is an issue, we seek any and all ways to minimize your exposure or get the charges dismissed altogether.
Here to Help with State Border Crime Defense in Tucson
Proposition 314 is now law. Legislation providing funding is currently before the Arizona State Legislature. Litigation has begun in the courts, but they can’t stop the implementation, nor can they provide protection for everyone. Border counties, like Pima County where Tucson is located, must prepare for Prop 314.
Whatever your reason for reaching out, we’re here for you, and our staff speaks both English and Spanish. Our Tucson firm represents clients all around Pima County. We know how to create a tough, evidence-based strategy that will protect your liberty and your future. Your first consultation is always free.
Contact Lerner and Rowe Law Group now by giving us a call, filling out our online contact form, or using our LiveChat service. The sooner you speak with a Tucson criminal defense attorney, the sooner we can get to work on your case.
The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.