Arizona Latino Advocates Ready to Fight Anti-immigrant Proposition
The state once tried and failed to criminalize immigrants without papers. The decision is again in the hands of voters. Community advocates vow to defeat Prop. 314 at the ballot box or in the courthouse.
Editor’s note: “El Voto Latino 2024: In Search of the 36 Million” began as an exploration by three NAHJ Latina journalists to understand the people behind this rapidly growing voting bloc. In their own words: “We aim to examine what this vote means at the macro level and what it says about the enfranchisement and political influence asserted by this demographic. At the regional level, more specifically in swing states, what does this vote and community represent for the political identity of that state? One cannot see, read, or hear about the election and those toss-up states without noticing Nevada and Arizona in particular. The Latino electorate in these two states has grown dramatically during the past 10 years.
Additionally, in a year marked by mass layoffs in news, with fewer Latinos in newsrooms, we want to ensure that we are highlighting why it matters editorially to have Latinos in the newsroom and the type of exploration that is needed when one covers the Latino vote and community.”
This coverage was made possible by a grant through the URL Collective, a nonprofit supporting local, diverse media. palabra and URL Collective have partnered to bring you election reporting from grassroots media. |
During a hot afternoon in Phoenix, Salvador Reza listened to the voices echoing through the streets from community members, leaders, families and activists chanting in Spanish from inside a building, “No a la 314, no a la 314,” “No to Prop 314.”
The proposition on the Nov. 5 ballot sent there by Arizona’s conservative legislature would expand considerably the role of state and local authorities in immigration enforcement.
For Reza, 72, this is a real threat to Arizona’s immigrant community and is part of a struggle he has been waging nearly all his life as a human rights activist who migrated from Chihuahua, Mexico, at the age of 10.
During the protest, he watched as cars went in procession to the polls for early voting, honking in solidarity, greeted by the lively sounds of a mariachi band before entering the parking lot of the Maricopa County Tabulation and Election Center. Excitement, cheers and tears filled the air. However, it all brought back dark memories from 2010, when SB 1070, known as “the show me your papers law,” turned Arizona into one of the most hostile states in the nation for immigrants without documents.
“Overnight, a father could disappear after a traffic stop, or a mother could be picked up from work, tearing families apart. It was painful to watch,” he recalled.
Community members, organization leaders, and activists unite in Phoenix, Arizona, gathering for a demonstration to say no to Prop. 314 before heading out together to cast their ballots. Photo by Cora Cervantes for palabra
The Arizona law, largely declared unconstitutional in federal courts and by the U.S. Supreme Court, inspired a wave of copycat legislation nationwide. It resulted in an exodus from Arizona of mixed-status families. According to the libertarian Cato Institute, approximately 200,000 people left the state in the year following the passage of SB 1070, in connection to the measure and a law that imposed on employers mandatory verifications of their workers’ status. The economic impact was felt differently; at the school level, schools reported a loss in funding, resulting in job cuts due to decreased enrollment. The financial toll was also felt through boycotts, with $141 million from the cancellation of meetings and larger events. Arizona’s tourism suffered a major blow. The impact on the industry in the first year included an estimated $253 million loss in economic output, $9.4 million in lost tax revenues and 3,000 jobs disappearing. Arizona became the target of a nationwide economic boycott joined by musicians who canceled concerts in the state in protest.
Moreover, SB 1070 also sparked a movement to organize immigrant communities and empower Latinos to achieve more political representation and oust the politicians behind the discriminatory laws. Fears of racial profiling, economic consequences and community displacement are resurfacing with Prop. 314. Arizona organizers are drawing on those hard-earned lessons, mobilizing voters and preparing for possible legal battles. For many, this election represents a defensive stance and is a reflection of Arizona’s ongoing struggle over immigration, community rights and political representation.
Reza is with TONATIERRA Barrio Defense Committees, an advocacy group that promotes the rights of Indigenous People and immigrants. The group was instrumental in launching boycotts in 2007 just ahead of SB 1070’s passage and led marches against one of the people pushing for that provision, then-Sheriff Joe Arpaio.
“After 14 years, they’re coming back with the same stuff that we thought we had left behind. I couldn’t believe it,” he said.
Raquel Terán, a community organizer and former state legislator, knows that fight all too well. For her, Prop. 314 feels like déjá vu. As a former chair of the Arizona Democratic Party, Terán vividly remembers the feeling that SB 1070 instilled in her community over a decade ago. “How? How are we here again?” she asks, reflecting on the current battle.
Republicans hold a slim majority in Arizona’s state House and Senate and initially tried to pass the measure as the “Border Invasion Act,” but faced a veto from Democratic Governor Katie Hobbs earlier this year. They then opted to bypass the governor by moving it to the ballot box with a new name, the “Secure the Border Act.” This measure is now one of 13 legislative proposals on this year’s ballot.
“Part of me wanted to believe that this was going to be stopped at the state legislature because we all know the consequence of these types of extreme legislation,” Terán says. Now, as she leads the efforts to oppose Prop. 314, she insists that the most powerful way for the community to resist is through their ballot, urging voters to make their voices heard.
Raquel Terán, community organizer and former Arizona Democratic Party chair, after casting her ballot in the Arizona election. Photo by Carmen Valencia for palabra
If passed, Prop. 314 would make it a state crime for non-citizens to enter Arizona unauthorized, allow state courts to issue deportation orders and enable local law enforcement to arrest individuals for unlawful border crossings. Entering the country through an unauthorized port of entry is not a federal crime, but considered an administrative violation. So making it a state crime would give unprecedented authority to state enforcement and state courts to operate as immigration enforcement entities. The proposition additionally protects law-enforcement from racial profiling lawsuits. Opponents of the ballot measure argue that it would place significant pressure on workers operating in the shadows, as they would face an added enforcement layer, potentially expedited deportations and no federal due process. Non-immigrants impacted by racial profiling would be left with no legal recourse and would need to carry documents with personal information to verify their legal status in the event they are questioned. Daniel Ortega, a 72-year-old attorney in Arizona who fought SB 1070, says Prop. 314 would disproportionately target Latino and immigrant communities.
“Not just for those who are undocumented, the law will stymie immigration as a whole because of the fear it creates,” Ortega explains. “Even people who are here legally or are U.S. citizens could be subject to racial profiling. This law allows local law enforcement to detain or even arrest individuals if they suspect (they) entered the country illegally. They could decide to turn you over to immigration services, the Border Patrol or even take you to the border to self-deport.”
In addition to enforcement aspects, the legislation would criminalize at the state level those who apply for public benefits if they submit false documents or provide inaccurate information about their work authorization to employers.. This would not only limit workers’ ability to navigate a hiring process, but also place a strain on labor demand. The American Immigration Council found that there are more than 250,000 immigrants without documents living in the state, most of whom are of working age.
Moreover, organizations like Aliento Arizona argue that Prop. 314 would make it increasingly difficult for workers to seek support and thrive within the community at large due to the impact on their income and ability to navigate and access support. People would be less likely to seek assistance at a medical facility. In the case of mixed-status households, it impacts a parent’s contact point with their child’s school or nutrition or transportation programs offered at the local and state levels. Additionally, based on previous legislation like SB 1070, it would hinder people from interacting with the police to report a crime or seek help.
Daniel Ortega, a longtime Arizona attorney and advocate, with a community member ready to ‘Roll to the Poll’ and cast their ballots in Phoenix, Arizona. Photo by Carmen Valencia for palabra
SB 1070 mandated law enforcement to check the immigration status of individuals suspected of being undocumented — during even routine traffic stops — leading to widespread concerns about racial profiling and civil rights violations. Similarly to Prop. 314, SB 1070 made it a state misdemeanor crime for a person to be in Arizona without legal documents. But that provision was rejected by federal courts. It is unclear what action the higher courts might take regarding Prop. 314’s authority. In the case of SB 1070, the U.S. Supreme Court struck three provisions, but left aspects of the law in place that were later dismantled by lower courts. The composition of the Supreme Court has changed since its 2012 decision in Arizona v The United States. Since then, states have also been given more authority, as seen in the battle over reproductive rights.
Organizers combating Prop. 314, like Abril Gallardo Cervera, a 33-year-old with LUCHA, a Phoenix-based organization founded in response to the passing of SB 1070 and now advocating for social, racial and economic justice for Latinos — are bracing for renewed uncertainty. “The difference now is that, under Prop 314, law enforcement officers have immunity. With SB 1070, people could hold officers accountable for racial profiling. But now, if you’re brown and they suspect you’re undocumented — even if you’re a U.S. citizen — you can be pulled over and go through the process without recourse,” she adds.
Abril Gallardo Cervera, a 33-year-old activist with LUCHA, after casting her vote in the 2024 elections. Photo by Carmen Valencia for palabra
Including Prop. 314 and SB 1070, Arizona has a long history of passing anti-immigrant laws, beginning with Prop. 200 in 2004, which required proof of citizenship for voter registration, and restricted public benefits for undocumented immigrants. Proposition 300 in 2006, denied state-funded scholarships, in-state tuition and financial aid to undocumented students even if they graduated from an Arizona high school. That same year, HB 2281 banned ethnic studies programs, specifically targeting Mexican-American studies.
As organizations like LUCHA work to combat the proposition, advocates remember their 2016 success in defeating Arpaio, whose racial profiling strategies included conducting raids in businesses and conducting sweeps in Latino neighborhoods.
A recent poll finds that voters across the state overwhelmingly support the ballot measure. Noble Predictive Insights says that nearly two-thirds (63%) of Arizona voters are in favor. Only 16% are opposed, while 6% said they would abstain from voting on that measure. Just days before the election, the remaining 16% said they were undecided.
With the bill gaining so much support, people like Ortega say the community is ready to fight back. “If passed, (Prop 314) will be challenged. There are plenty of groups, plenty of lawyers who are waiting in the wings. If it passes, lawsuits will be filed.”
At the Phoenix Park ‘N Swap, a busy weekend spot for Latino families, many voters hadn’t heard of the measure and had their eyes on the Lake/Gallego U.S. Senate race. José Salazar, 46, out shopping with his family, said he plans to vote for former President Donald Trump because of his views on the economy, security and jobs. On Prop. 314, Salazar admitted, “No, I would have to read into it,” adding that he also plans to vote for Republican Kari Lake for U.S. Senate. Lake has taken a strong border enforcement approach.
Nely García, 68, who didn’t want to share whom she’s voting for, also hadn't heard about Prop. 314. “I believe that’s not right (Prop. 314). That’s why there’s immigration officials — the police are another entity.” Meanwhile, Veronica Caro, 48, plans to vote for Vice President Kamala Harris, citing immigration as a key issue for her. When palabra told her about Prop. 314, she said, “No, oh, no, that’s really bad. I always read up on the propositions on the ballot before voting,” adding that she’ll also be voting for Democrat Rubén Gallego.
At an outdoor market in Tucson, Yvette Serino, president and co-chair of Latinos for Lake, runs Latino voter engagement for Lake and says this about immigrants without documents crossing the southern border: “If there is a better process of immigration to help people not go absolutely that route, maybe a quick route…. It is truly hurting the real asylum seeker.”
Yvette Serino, president and co-chair of Latinos for Lake. Photo by Cora Cervantes for palabra
In statements on Lake’s campaign website, her immigration focus is on enforcement. Priority actions in Lake’s platform include a border wall, enhanced border surveillance technology and an emphasis on a deterrence policy by enforcement and changes to asylum laws. When asked about Prop. 314, Serino said she wasn’t aware of it, adding, “We really haven’t discussed it; no one has brought it up to us.” She mentioned that when talking about immigration, “There’s gotta be solutions in a humanitarian way.”
During a debate with Rep. Rubén Gallego, Lake said, “President Trump, my good friend, has called me ‘Border Kari Lake,’ and I love that nickname, and I am going to go there to D.C. to build the border wall and secure the border.” Gallego’s campaign has not issued a statement regarding Prop. 314. On his website, his stance concerning immigration is, “As the proud son of immigrants, Rubén knows that for millions of Arizonans, immigration is not just a political issue, but a personal one, as our border communities benefit every day from sustained economic and cultural exchange.”
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But while our border communities are not the war zones that news stations often portray them as,” Gallego’s message continues, “they are facing a serious crisis. We need smart ways to keep our border secure, allow for a prosperous cross-border economy, reform a broken immigration system and stop the flow of fentanyl into our communities.” Current polls show Gallego leading Lake 49.4% to 44.3%. The Arizona member of Congress has leaned heavily on Latino voter support and has, in contrast to Lake, secured key Latino leadership and institutional endorsements, like LUCHA.
Latino voters will play a key role in Arizona’s election results, including the possible passage of Prop 314. According to UCLA’s Latino Policy & Politics Institute, Arizona has the fourth-largest population of eligible Latino voters in the nation, totaling around 1.3 million. Almost one in five of these eligible voters is a naturalized citizen. The population has more than doubled since 2000, currently comprising 25% of the state’s electorate. In the presidential race, FiveThirtyEight’s polls on the national level show Trump and Harris neck-and-neck, with Harris leading at 48% and Trump close at 46.8%, a margin of 1.2%. In Arizona, the same poll shows that Trump is leading with 48.8%, and Harris with 46.7%, a margin of 2.1%. Among Latino voters in Arizona, a recent poll by Arizona State University showed that 51% of Latino voters support Harris and 32% support a second term for Trump. When it came to Prop. 314, the ASU poll found that the proposition had support from Latino registered voters. “They were at roughly 45% somewhat or strongly in support,” the survey said.
With just three days until the election, organizers are intensifying efforts to mobilize voters about Prop 314. Rudy Cartagena, a 22-year-old community organizer with the activist group Aliento Arizona, highlighted their approach: “Our two biggest (strategies) are phone banking and canvassing. We’re door-to-door, educating people on the bill.”
Rudy Cartagena, a 22-year-old community organizer with Aliento Arizona, prepares to cast his ballot. Photo by Carmen Valencia for palabra
At events like Roll to the Polls, groups such as LUCHA and Aliento Arizona are bringing this message directly to voters, urging them to reject a measure they believe threatens their communities. As Terán dropped off her ballot, she choked up. “We’re at our ballot box and this vote is for our families. And because we continue to fight. We fight and don’t give up.”
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Carmen Márquez, is a Mexican American independent reporter based in Los Angeles. She has focused on indigenous and undocumented communities and has previously worked as an anchor/reporter in Telemundo 52/NBC4 Los Angeles. During the 2020 election, Márquez covered the young Latino demographic in the USA for Telemundo and NBC and is currently producing an audio documentary on Latinas and ADHD for LWC Studios. @carmenmarqueztv
Carmen Valencia, is a Latina independent journalist based in San Diego and a two-time Emmy Award and Associated Press winner. Growing up along the U.S.-Mexico border profoundly shaped her personal and professional journey. She previously worked at Spectrum News Network in Los Angeles and served as an immigration video correspondent for Yahoo News. Carmen’s reporting covers immigration, politics and social justice, with a focus on elevating voices of Latino and underrepresented communities. Committed to holding power accountable, she brings a deep passion for empathetic, non-extractive and compassionate storytelling. @carmenvalencianews
Cora Cervantes is an independent journalist in Los Angeles reporting about politics, immigration, climate change, race and justice and culture with an equity lens. She has a network television and cable news production background at NBC News and MSNBC. She has produced digital stories for multimedia outlets, including NBC News, Al-Jazeera, NPR’s Latino USA, High Country News and Narratively. Cora is a graduate of Columbia University and holds a Master’s degree from New York University’s Arthur L. Carter Journalism Institute. She currently serves as a board member of NAHJ’s Los Angeles Chapter. @cora_cervantes
Patricia Guadalupe raised in Puerto Rico, is a bilingual multimedia journalist based in Washington, D.C. She has been covering the capital for both English- and Spanish-language media outlets since the mid-1990s. She previously worked as a reporter in New York City. She’s been an editor at Hispanic Link News Service, a reporter at WTOP Radio (CBS Washington affiliate), a contributing reporter for CBS Radio network and has written for NBC News.com and Latino Magazine, among others. She is a graduate of Michigan State University and has a Master’s degree from the Graduate School of Political Management at George Washington University. She specializes in business news and politics and cultural issues. She is the former president of the Washington, D.C. chapter of NAHJ and is an adjunct professor at American University in the nation’s capital and the Washington semester program of Florida International University. @PatriciagDC