Border Security Act funding remains a concern for sheriffs

PHOENIX — Some Arizona sheriffs are expressing concerns about the Secure the Border Act's unfunded mandates, but a prominent Republican lawmaker says they shouldn't worry.

If voters approve the measure, aka HCR2060, it would be a state crime for noncitizens to enter Arizona through Mexico at any location other than a port of entry.

The Border Security Act would also make the sale of fentanyl resulting in the death of a person a felony punishable by up to 10 years in prison, and it contains a provision requiring certain government agencies to use the federal E-Verify database to confirm a non-citizen's eligibility for benefits. .

However, it is the part of the proposal relating to illegal entry that has been controversial, with opponents comparing it to SB1070, Arizona's controversial “show me your papers” law that was partially struck down by the Court Supreme Court of the United States after being adopted in 2010.

HCR2060 would allow state and local law enforcement, including county sheriff's departments, to arrest people caught crossing into Arizona illegally from Mexico.

The measure is modeled in part on a Texas law that faces legal challenges. The Secure the Border Act contains a clause stating that the border crossing element can only take effect if the courts approve Texas SB4.

Why are Arizona sheriffs concerned about Secure the Border Act funding?

Aside from legal issues that might arise, there is no mechanism to cover the costs of monitoring the border and housing detainees arrested for illegal crossing.

“Our primary concern is that this ballot initiative contains no funding for local law enforcement, and no funding has been appropriated, and no funding has been designated,” the county sheriff said of Yavapai, David Rhodes, president of the Arizona Sheriffs' Association. The Mike Broomhead Show from KTAR News 92.3 FM Wednesday.

Cochise County Sheriff Mark Dannels echoed Rhodes' concerns about funding, even though he supports the content of the border security law.

“We understand the frustration, the intent and the spirit behind the bill, we really do. And we think the state is going to adopt it,” Dannels said. The Arizona Morning News from KTAR News Wednesday. “Here’s the problem, and this is why we’re warning people: This is an unfunded mandate for sheriffs and law enforcement.”

Rhodes called on Gov. Katie Hobbs, a Democrat, and the Republican-led Legislature, which passed HCR2060 on a party-line vote, to step up their efforts and provide funding if voters approve the measure.

“You have to honor the will of the majority and you have to dedicate adequate resources to make it happen, because the people of the state are telling you that they are fed up with this problem and they want action taken.” That’s what this is about,” the Yavapai County Sheriff said.

House Speaker says funding will be addressed if necessary

However, House Speaker Ben Toma said there is no reason to address funding until voters pass the measure and the courts greenlight Texas' SB4.

“For us to take ownership of something before something happens makes no sense,” he said. The Mike Broomhead Show Wednesday.

Additionally, Toma assured the sheriffs that funding would not be an issue if it got to that point.

“What I would say is this: the resources are there. The Republican caucus is committed to ensuring that sheriffs have all the tools they need to accomplish this, and this is intended to be another tool in the toolbox,” he said.

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