PHOENIX (CN) — Arizona state Representative Teresa Martinez on Monday defended her bill that would require state and local governments to cooperate with and enforce all federal immigration action, regardless of constitutionality or local priorities.
“This bill provides clarity,” the Republican from Casa Grande told Arizona’s Senate Committee on Military Affairs and Border Security of House Bill 2099 Monday afternoon. “You will support the Trump administration’s immigration law.”
Since U.S. President Donald Trump began his mass deportation plan in January, the administration has deported undocumented migrants at a slower rate than Biden did in the same two-month span last year, mostly due to the reduction of illegal crossings since then. However, reports suggest that U.S. citizens — including members of the Navajo Nation and veterans — have been inadvertently swept up in immigration raids.
Martinez, who said Monday that she doesn’t believe such reports, said in an Arizona House committee meeting in January that there “will be some collateral deportations,” that come with Trump’s aggressive plan.
“What exactly did you mean by that?” state Senator Catherine Miranda, a Democrat from Phoenix, asked Martinez Monday afternoon.
Martinez explained that if ICE or local law enforcement raids the home of a violent offender without legal presence, and other undocumented immigrants are present, those individuals would be deported, as well, regardless of their own criminal history or lack thereof.
“If you are illegally here, I’m sorry but you have to go,” Martinez said.
Martinez referred in the House committee meeting to people complaining that their “nonnas and abuelas” would be swept up in raids.
“Did you talk to your abuela and warn her that you support her getting maybe detained pending deportation?” Miranda asked.
Martinez responded with a question of her own.
“Do you believe that somebody in this country illegally has a fundamental right to stay?” she asked. “I don’t think so.”
Though Martinez repeatedly stated “worst should go first,” referring to the idea that violent offenders should be prioritized for deportation, the White House clarified in January that it will treat all undocumented immigrants as criminals, and will not prioritize violent offenders.
While crossing the border without permission is a federal misdemeanor, illegal presence is only a civil infraction. Because most unauthorized immigrants simply overstayed a visa or never returned from a vacation, most haven’t committed a federal crime by being in the U.S.
Martinez leaned on ideology over legality.
“They have still committed a crime in my eyes,” she said.
State Senator Janae Shamp agreed.
“It doesn’t matter whether a crime is civil or criminal,” the Republican from Surprise said. “A crime is a crime. Breaking the law is breaking the law.”
The bill, which includes no exceptions under which the state could defy federal immigration orders, would expire in January 2029, at the end of Trump’s presidency. Martinez said she hopes the situation would be resolved by then, but opponents labeled the expiration as evidence of partisan motivation.
“It is not a serious proposal to change the law, but rather a surrender of state and local authority in service of a single administration’s political agenda,” said Harrison Redman, a lobbyist for the American Civil Liberties Union.
Redman warned that the bill’s passage would mean giving up local authority and conceding Arizona’s independent sovereignty.
“This bill is not about law and order, it’s about control and fear,” Redman said. “It is nothing but a compliant, bend-of-the-knee policy handout to the Trump administration and their racist policies.”
The ACLU opposed the bill in the House as well, though members voted along party lines to pass it to the Senate. The Senate Military Affairs committee voted 4-2 in favor of the legislation. It now heads to the Senate floor for a vote there.
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