Proposition 314, also called the “Secure the Border Act,” is an Arizona law that voters approved in November 2024. The Arizona Legislature put it on the ballot (it started as bill HCR 2060). It creates new state crimes related to immigration, public benefits, and fentanyl.

Is it in effect?

Yes. Most of the law took effect after the 2024 election. The border-crossing part (Section 5) was on hold until July 14, 2026, and is now being enforced. The ACLU and ACLU of Arizona filed a lawsuit to stop Section 5, but the law is in full effect right now.

What does the law do?

Checks on public benefits (Section 3)

State and local agencies that give out benefits like AHCCCS (Medicaid), food stamps (SNAP), and unemployment must check the immigration status of people who apply.

Tougher fentanyl penalties (Section 4)

A person who knowingly sells foreign-made fentanyl that causes someone’s death can face a more serious felony charge and a longer prison sentence.

New state crime for crossing the border (Section 5)

Prop 314 creates a new state-level enforcement and deportation system. It is now a state crime for a person who is not a U.S. citizen to enter Arizona directly from another country anywhere other than an official port of entry. Arizona state and local police, not just federal agents, can make arrests for it.

When can police arrest someone under this section?

Police need probable cause, meaning a good, fact-based reason to believe the person broke this law. It can come from:

• An officer seeing the person cross the border
• A video or other recording of the crossing
• Other evidence that meets constitutional standards

State judges must order people to leave the U.S. (Section 5)

If someone is convicted, an Arizona judge must order them to return to the country they entered from or their country of origin. If the person is also sentenced to jail or prison, the order takes effect after they finish serving that time.

Important to know

• It does not apply to the past. No one can be charged under Section 5 for anything that happened before July 14, 2026.
• You still have rights. Everyone in the U.S. has constitutional rights, whatever their immigration status.
• Get help. If you or someone you know is affected, contact an immigration attorney.