A measure creating new criminal statutes barring illegal border crossings and enhancing drug offenses to include the sale of “lethal fentanyl” was cleared to go to voters by the Arizona Supreme Court Tuesday. 

In a unanimous decision, the state high court found Proposition 314 did not violate the single subject rule of the Arizona Constitution, affirming an earlier ruling from Maricopa County Superior Court. The order allows the measure to be printed on the 2024 ballot. 

House Concurrent Resolution 2060, passed by the Republican majorities in both chambers, augments state criminal code and creates a law barring illegal entry from a foreign nation and deeming it a class 1 misdemeanor and enacts a new criminal statute making it a low-level felony for individuals in the country illegally to knowingly apply for public benefits using false documents. 

The act also designates the sale of “lethal fentanyl” produced outside the U.S. as a criminal offense. 

Following its passage, immigration advocacy and legal groups filed suit. 

Living United for Change in Arizona, Victory Pac and assistant minority leader Oscar De Los Santos first sued for violation of the single subject rule and were later joined by a separate, but similar, legal challenge from Poder in Action, Phoenix Legal Action Network and Florence IMmigrant and Refugee Rights Project. 

All five groups sought to see the measure struck down and claimed the various provisions changing criminal code in the realm of immigration, drugs and public benefits were fractured from each other and could not be logically held together by the “border security” umbrella claimed by the legislature.

Maricopa County Superior Court judge Scott Minder, an appointee of the former Gov. Doug Ducey, found all provisions of HCR2060 did relate to one general subject, “responses to harms related to an unsecured border.” 

“The subject is broad,” Minder wrote in his July ruling. “But it is not ‘foolishly’ so.”

On appeal, the Arizona Supreme Court affirmed Minder’s ruling. 

“The Court unanimously agrees with the superior court that Appellants have not met their burden to overcome the strong presumption that HCR 2060 is constitutional. Specifically, the Court concludes that HCR 2060 satisfies the single subject rule. HCR 2060’s subject is ‘responses to harms relating to an unsecured border,’ and all components of the proposed law are ‘reasonably related’ to that,” Chief Justice Ann Timmer, an appointee of the former Gov. Jan Brewer wrote. “It is not necessary that the components have a free-standing relationship to each other.” 

In the order, Timmer did clarify the sole issue raised is the single subject rule. 

“We were not asked to address, nor could we address, the constitutionality of any individual

provision in HCR 2060,” Timmer wrote, referring to case law which provides constitutional challenges to legislation or measures must follow enactment to avoid interfering with the legislative or initiative process. 

Timmer noted, having rejected the single subject claim, that HCR 2060 will appear on the ballot and ultimately be decided by voters. 

LUCHA executive director Alejandra Gomez said in a written statement that LUCHA would continue to fight against the measure’s passage.

“LUCHA will not stand by and allow this unjust referendum to go unchallenged. We are committed to knocking on more than 1 million doors across the state to inform and mobilize voters against Prop 314. This will be a major motivator for Latinos and all Arizonans who value justice, freedom, fairness, and dignity,” Gomez said. “We will not rest until Prop 314 is defeated.”

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