Know Your Rights under Proposition 314

IMPORTANT: Parts of Proposition 314 are not enforceable, but this could change. We will regularly update this page with the latest information about Proposition 314 and your rights. 

This content is intended to serve as general information; it is not legal advice nor intended as legal advice. Last date updated on November 25, 2024.

Proposition 314, titled the "Immigration and Border Law Enforcement Measure" and also known as the "Secure the Border Act," was passed by the Arizona State Legislature and approved by voters in the 2024 election. Parts of the law are now in effect, but other parts cannot go into effect because similar laws in other states are blocked by the courts.

1. NOT CURRENTLY ENFORCEABLE: Illegal entry from Mexico
   If Prop 314 ever goes into full effect, entering Arizona without legal immigration status would become a state crime. It is already a federal crime to enter the U.S. without legal immigration status. This part of Prop 314 would allow local police and sheriffs to make arrests in addition to federal immigration officers who enforce federal law. These arrests could happen anywhere in the state, including schools, hospitals, and churches. This part of the law could even apply to people seeking asylum who have been allowed into the country by the federal government. Arizona police and judges could order deportations under this law.
2. IN EFFECT: Document verification for public benefits
   Prop 314 requires state and local agencies that provide benefits like Medicaid (AHCCSS), food stamps, and unemployment to verify the immigration status of people receiving those benefits. Agencies will be responsible for submitting recipient information to U.S. Citizenship and Immigration Services (USCIS), a federal immigration agency.
3. IN EFFECT: False identification
   Prop 314 makes it a crime for people without immigration status to apply for government benefits with false information. People who submit fake identification to their jobs to check immigration status under E-Verify can also be punished under this law.
4. IN EFFECT: Sale of foreign-made fentanyl
   Prop 314 adds strict new punishments for selling fentanyl in Arizona that was made outside the United States.

• Since the “Illegal Entry” part of Proposition 314 is not currently in effect, Arizona state and local law enforcement cannot arrest someone they suspect has crossed the border.
• If you are detained or arrested by any law enforcement officials, you have the right to remain silent and the right to speak to an attorney. You do not have to provide information about where you were born, how you entered the U.S. or how long you have been here.

KNOW YOUR RIGHTS WITH POLICE OR IMMIGRATION AGENTS

While most of Prop 314 are in effect, it is unclear when state and local agencies will begin to verify the immigration status of recipients through USCIS. Undocumented individuals receiving state or local benefits should monitor agency announcements and consult community-specific resources or independent legal advice.

The part of Prop 314 that allows Arizona police to arrest people without legal immigration status is on hold. That means that police in Arizona cannot arrest people without legal status just for crossing the U.S.-Mexico border. This “illegal entry” provision cannot go into effect until a similar law in another state is in effect for 60 days. For now, those laws have been temporarily blocked by federal courts.

We will regularly update this page regarding the status of any agency benefit guidance and legal challenges.