‘Sending a message:’ LUCHA files lawsuit to dismantle Secure the Border Act

Living United for Change in Arizona (LUCHA) filed a lawsuit against the state of Arizona to challenge the constitutionality of the voter-approved Proposition 314, which makes it a state crime for migrants to cross the Arizona-Mexico border illegally. 

LUCHA, a progressive grassroots organization that builds power with Arizona’s working families, was one of the most vocal opponents of Prop 314, known as the Secure Border Act, when it was being rushed to the ballot by the Republican-controlled state Legislature last year.

“Let me be clear, this law will not make anyone safer. If the people in our neighborhoods are too afraid to call the police, that makes everyone less safe,” said Martin Hernandez, an organizer with the United Food and Commercial Workers Local 99 and plaintiff in the lawsuit.

The group has been at the forefront of the fight against anti-immigrant laws for over a decade, and previously sued to keep Prop 314 off the ballot—but the case was dismissed by a judge. 

“We have lived through this before. We remember the trauma of SB 1070,” said Alejandra Gomez, executive director of LUCHA, during a press conference outside the Superior Court of Arizona on April 2 just hours after the lawsuit was filed. 

Stricter penalties for immigrants

Prop 314 was passed by 63% of Arizona voters in the 2024 election. It created a series of new state crimes designed to target immigrants who already live in Arizona and those coming into the state. 

“Prop. 314, or any of these other bills we see in this session, are not just a single policy. They are a pattern, a pattern of coordinated extremist agenda to bring Trump’s mass deportation plan to life and Arizona is being used as a proving ground,” said Democratic Rep. Priya Sundareshan at a press conference.

The law makes it a felony to use false documentation to apply for benefits or jobs–requiring the use of E-verify, which is already a federal crime. It also created an entirely new class of felony for people convicted of selling fentanyl that later results in someone else’s death.  

The most controversial provision of the law makes it a misdemeanor to cross the state’s southern border without authorization anywhere but at an official port of entry—empowering local police officers to arrest migrants suspected of violating that law, and authorizing state judges to issue deportation orders.

READ MORE: Bill to allow for immigration raids at schools, libraries, and other public spaces advances in Legislature

It is not guaranteed that the border-crossing provision in Prop 314 will be enforceable any time soon, as a provision written into the law puts this portion on pause until a similar anti-immigration law in Texas has been in effect for 60 days. That law, known as Senate Bill 4, is currently being challenged in court for conflicting with federal immigration law.

“We won’t back down as a community, and it’s [the lawsuit] a response to the attacks that we’re seeing,” said Karime Rodriguez, empowerment services manager for LUCHA, told The Copper Courier. 

Prop 314 is one of the centerpieces of the MAGA extremist agenda, and it’s not an isolated policy—this lawsuit is about the bigger picture, Cesar Fierros, a spokesperson for LUCHA, said in an interview with The Copper Courier prior to the filing of the suit.

“The MAGA extremist agenda isn’t hypothetical, it’s already underway across the country,” Gomez said. “It is not a warning about what could happen. It’s the reality we are living in.”

Thirteen other anti-immigration laws have been proposed by Arizona Republicans in this year’s legislative session to expedite Trump’s mass deportation plan.

What is LUCHA suing for? 

The lawsuit challenges Prop 314 for being “plainly unconstitutional” on three counts. 

The first count claims Prop 314 violates the ‘Revenue Source Rule’ of Arizona’s Constitution—which requires all ballot measures that result in any government spending to identify a funding source that can’t come from Arizona’s general fund. 

Preliminary estimates by the Joint Legislative Budget Committee found the law would have a hefty fiscal impact onset by increased state and local law enforcement spending, and a reduced tax base due to lower levels of immigration. Prop 314 is expected to cost the state prison system alone over $250 million by 2030, none of which is funded in the voter-approved law.

“[The lawsuit] has to do with fiscal irresponsibility, and if you think about it, that is a hallmark of the MAGA agenda is recklessness when it comes to public finances,” said Jim Barton, the lawyer representing LUCHA.  

Not only will costs go up, but Barton argued that enforcing Prop 314  will cut down state revenue as well, putting further strain on an already thinly-stretched state budget.

“When you chase people away, guess what, they’re not paying sales tax anymore,” Barton said in an interview with The Copper Courier. 

The second count claims that Prop 314 violates the separation of powers clause of the Arizona Constitution when the Legislature tried to define probable cause in the legislation, a power the judicial branch holds.

The third count claims that delegating powers to another state legislature is unconstitutional—and the border-crossing provision of Prop 314 can only be enforced if Texas’ SB4, which Prop 314 was modeled after, goes into effect. 

“I think it’s another part of how history is being made in this moment of people fighting back,” Greisa Martínez Rosas, executive director of United We Dream Action, told The Copper Courier.