'Prepared to fight': Arizona immigrant rights activists take HCR 2060 to court. What to know
Corrections & Clarifications: A previous version of this article misspelled the name of lawyer James Barton, who is representing LUCHA.
Local advocacy group Living United for Change in Arizona filed a lawsuit on Wednesday in an effort to prevent a Republican-led measure, which would make crossing the border illegally a state crime, from reaching the November ballot.
The legal action, which claims the measure to be unconstitutional, comes a day after the Arizona House of Representatives approved House Concurrent Resolution 2060, or HCR 2060, in a 31-29 vote following weeks of debate on both House and Senate floors. The Tuesday vote gave the measure a clear path to be considered by voters during the general election.
HCR 2060, a collection of initiatives that would target undocumented immigrants in the state, has been referred to as "SB 1070 2.0," considered an even more aggressive approach to the controversial 2010 "show me your papers" law.
SB 1070 podcasts: Listen to the full season of 'Rediscovering: SB 1070'
The measure will have voters decide whether to make illegally crossing the southern border a state crime, allow for state officials to deport immigrants suspected of having crossed illegally, enhance penalties when fentanyl sales result in death and boost verification of employees’ immigration status.
On the footsteps of the Arizona State Supreme Court building, Alejandra Gomez, executive director of LUCHA, said "This is not 2010 anymore. This is 2024 and we are prepared to fight back and win."
Republicans advanced the measure through the Legislature after unsuccessfully pushing three similar immigration bills this session.
"Arizonans have had enough and want change. HCR 2060 empowers Arizona voters to have their will heard, and that is clearly panicking liberal leaders and their activist allies who fiercely oppose any efforts to secure the border," Ben Toma, speaker of the State House of Representatives and sponsor of the measure, said in an email statement.
HCR 2060 and similar proposals have seen a wave of opposition from Democrats and various immigration and civil rights organizations such as ACLU of Arizona, Aliento, Chispa Arizona, Puente Human Rights Movement and Fuerte Arts Movement.
“If the goal of HCR 2060’s proponents was to frighten communities of color across the state, threaten the separation and incarceration of families at the border, and otherwise cast Arizona as a deeply unwelcoming place for immigrants, they may well have succeeded," Noah Schramm, border policy strategist for the ACLU of Arizona, said in an email statement.
Filed Wednesday morning following the news conference, the lawsuit names Secretary of State Adrian Fontes and the State of Arizona.
In addition to LUCHA and Gomez, the plaintiffs in the lawsuit also include Rep. Oscar De Los Santos, the assistant minority leader of the House, and Victory PAC, an Arizona political action committee.
James Barton, the lawyer representing LUCHA in the lawsuit, said during the conference the lawsuit was filed on the basis that the measure violates the single-subject rule, making it unconstitutional and liable to be thrown out of the ballot.
In order to pass the state Legislature, the single-subject rule requires all bills and legislation to be about one topic. The lawsuit alleges HCR 2060 includes several subjects.
According to the lawsuit, HCR 2060 touches on several subjects, at least four of which were taken from previous individual attempts during the legislative session:
Enhance sentencing for fentanyl dealing (HB 2820)
Strengthen the federal E-Verify program
Prevent the submittal of false documents for public benefits
Make it a state crime to cross the border illegally (SB 1231 and HB 2748)
"We stand here to say no to hate, no to division and no to HCR 2060. We stand here to defend ourselves, our communities and our future," Gomez said.
Gina Mendez, the organizing director of LUCHA said LUCHA also plans on mobilizing their teams of canvassers across the state and knocking on one million doors.
Reach La Voz reporter David Ulloa Jr. at [email protected].
This article originally appeared on Arizona Republic: LUCHA files lawsuit against HCR 2060. Here's what that means