President Petersen Intervenes to Defend Arizona's Secure the Border Act Against Federal Court Challenge by Radical Activists

ARIZONA, July 20 - FOR IMMEDIATE RELEASE
Monday, July 20, 2026

PHOENIX, ARIZONA—Senate President Warren Petersen and House Speaker Steve Montenegro are intervening in federal court to defend Arizona’s Secure the Border Act after a radical open-borders advocacy group sued to strike down one of the law's most important border security provisions.

Approved by more than 62 percent of Arizona voters in 2024, Proposition 314 gives state and local law enforcement additional tools to address illegal immigration, strengthens penalties for fentanyl traffickers whose crimes result in death, and requires state agencies to verify eligibility for certain public benefits using the federal SAVE system. The lawsuit targets the provision authorizing law enforcement, under specified circumstances, to arrest individuals who unlawfully enter Arizona between ports of entry. The provision gives state and local police the authority to detain illegal border crossers, disrupt cartel smuggling networks, and keep deadly fentanyl out of Arizona neighborhoods when the federal government fails to secure the border.

While Attorney General Kris Mayes is participating in the case, her defense has focused on procedural issues. She publicly opposed Proposition 314 before it was approved by voters, and her office has previously stated that defending the lawsuit should not be interpreted as an endorsement of the law's policies. Arizona law and Proposition 314 expressly authorize legislative leaders to intervene to defend the constitutionality, validity, and enforceability of the measure.

"Arizona families have already paid too high a price for weak border policies. Parents have buried children killed by fentanyl that crossed our border. Sheriffs have watched cartels turn parts of our state into smuggling corridors. Proposition 314 gives Arizona another line of defense when the federal government fails to secure the border," said President Petersen. "We are intervening because we cannot count on Kris Mayes to fully defend this law. She opposed it from the beginning and has dismissed it as an unfunded mandate. While President Trump has restored order at the border, no one can guarantee the next administration won't bring back Biden 2.0 border policies that fueled record illegal immigration, empowered the cartels, and flooded our communities with fentanyl. Proposition 314 is a critical hedge against that possibility, ensuring Arizona has lawful tools to protect its citizens if Washington fails again. If activists succeed in stripping away these protections, Arizona communities will be less safe. We will vigorously defend the law Arizona voters overwhelmingly approved."

A hearing on the plaintiffs' request for a temporary restraining order is scheduled for July 24.

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For more information, contact:

Kim Quintero

Director of Communications | Arizona State Senate Republican Caucus

kquintero@azleg.gov

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