Know Your Rights under Proposition 314

This information is not intended as legal advice. Consult with an attorney if you have specific questions about your situation.

Proposition 314 was passed by the Arizona State Legislature and approved by voters in the 2024 election. It contained three key sections establishing new requirements related to immigration in Arizona law.

• 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.
• 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.

• Adds strict punishments for selling fentanyl in Arizona that was made outside the United States.

Section 5 is only enforceable if a similar law in another state has been in effect for 60 days; July 14, 2026, marked 60 days since SB4 in Texas became enforceable. Importantly, this portion of the law cannot be enforced retroactively.

• Creates a state criminal offense titled “Illegal entry from foreign nation.” This state crime makes it unlawful for a person without U.S. citizenship to enter Arizona from a foreign nation outside of a U.S. port of entry.
• Establishes an “Order to Return to Foreign Nation,” which authorizes state courts to deport individuals from the United States.
• Gives state or local law enforcement the authority to transport an individual out of Arizona for their deportation, or to turn them over to ICE or Border Patrol.
• Creates a felony offense, for “Refusal to comply with order to return to a foreign nation,” which is punishable with prison time.
• If a local or county jail does not have capacity to hold someone arrested, the Arizona Department of Corrections can detain people in any state prison with space.
• Provides civil immunity for state and local public entities that enforce the provision, meaning that people whose rights have been violated may not be able to sue for damages to seek accountability through the courts.

• Ask if you are free to leave. If so, you may calmly walk away.
• You have the right to remain silent. If you wish to exercise that right, it is recommended to say, “I am invoking my right to remain silent, and I am not speaking to anyone without a lawyer."
• You have the right to refuse consent to a search.
• You have the right to remain silent. 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.
• If you have valid immigration documents, you should show them. Never provide fake documents.
• If you are detained or arrested, you have the right to remain silent and the right to speak to an attorney. In Arizona, if you are detained by state or local police, you must provide your full name upon request, but you are not required to give your name to ICE or CBP agents.

• You do not have to open the door.
• Ask what they are there for (and ask for an interpreter if you need one).
• If they ask to enter, ask if they have a warrant signed by a judge and if so, ask to see it through a window or slipped under the door.
• If they do not have a warrant signed by a judge, you may refuse to let them in.
• If they force their way in, do not resist. Tell everyone in the residence to remain silent.