Arizona Gov. Hobbs vetoes legislation that would make criminals out of people who serve undocumented immigrants

By Howard Fischer
Capitol Media Services
PHOENIX -- Gov. Katie Hobbs vetoed legislation Tuesday she said could make criminals out of some who aid undocumented migrants.
The proposal by Sen. Justine Wadsack was among 15 measures approved by the Republican-controlled Legislature -- many on party-line votes -- that the governor concluded Tuesday were unacceptable. Others range from harsher sentences for certain fentanyl related offenses to barring certain "critical infrastructure'' purchases from citizens of certain countries.
And Hobbs also rejected a bid to tell social media platforms who they cannot keep from posting.
The original proposal Wadsack pushed through the Senate would have made it a Class 2 felony to use a telephone or computer program or application to assist in any human smuggling. That carries a presumptive sentence of five years in state prison.
But by the time the Tucson Republican got the bill to the House she agreed to add some language to narrow the focus. That Class 2 felony would apply only if the person using the electronic device was intending to conceal that person from a peace officer or assisting that person in fleeing.
"The criminals have figured out how to use encrypted apps,'' Matthew Thomas, the chief deputy of the Pinal County Sheriff's Department, told lawmakers during hearings on the measure. He said SB 1408 would give law enforcement and prosecutors an additional tool "so we can get these criminals and keep them behind bars.''
But Marilyn Rodriguez of the American Civil Liberties Union called even the scaled-back version overinclusive. She said it even would target those aid those who have crossed the border illegally but surrendered themselves to Border Patrol to seek asylum.
"This could strengthen the suggestion that anyone providing humanitarian or legal services are assisting in 'the smuggling of human beings,' '' Rodriguez said, quoting from the language of SB 1408. "The language is broad enough to pose a serious concern for service providers who interact with migrants on a regular basis and use mobile phones or computer applications in their day-to-day operations.''
Rep. Analise Ortiz, D-Phoenix, told of working with a nun and others with the Catholic Church in Texas to provide showers, food and clothing for border crossers.
"I'm wondering if it's your intention to lock up at Catholic nun,'' she asked Wadsack.
"In my opinion, if somebody is trafficking or harboring somebody, they're trafficking and harboring,'' Wadsack responded. "It shouldn't matter if they're a clergyman or an ex-convict or somebody who works in a Walmart.''
Hobbs did not agree.
"This bill is yet another attempt by the majority to criminalize organizations and individuals who aim to support immigrants and refugees,'' she wrote in her veto message. "I implore the majority party to work with stakeholders to provide real solutions for our border communities.''
The governor also rejected HB 2802, a bid by Rep. Matt Gress, R-Phoenix, to impose a presumptive 10-year prison term for anyone who sells, attempts or intends to sell even a single pill that contains two or more milligrams of fentanyl. Gress said the penalty is appropriate.
"If someone takes that drug you intend to sell, they will die,'' he told colleagues. "It's a known fact, it's indisputable, if you ingest more than two milligrams of fentanyl, you will die.''
Ortiz questioned the hard-and-fast rule, saying the offender not only may not know the dose but also may be selling the drug to a friend solely to support his or her own habit.
Rep. Melody Hernandez, D-Phoenix, said all the legislation would do is put more Arizonans behind bars. She said the state has a higher incarceration rate than not just many other states but also El Salvador, Rawanda and Cuba.
Hobbs had her own problems with the legislation.
"This bill will criminalize substance abuse disorder,'' she wrote in vetoing HB 2802. "Instead of locking people up who are suffering from the effects of the opioid epidemic, we must prioritize treatment and risk reduction.''
The governor also rejected a bid by Sen. Wendy Rogers, R-Flagstaff, to regulate how national and international social media platforms operate in Arizona.
Her SB 1106 would have put into state law that once people become candidates for any public office, they could not have their posting rights taken away -- pretty much no matter what they say, truthful or otherwise. Only violations of the federal Communications Decency Act would result in loss of privileges.
Rogers, in testifying for her bill, said that special treatment for candidates is merited.
"This legislation seeks to reinforce the First Amendment, especially for political speech,'' she said.
Hobbs said she found no merit in the measure.
"This bill does not attempt to solve any of the real problems social media platforms create,'' the governor wrote.
Hobbs also rejected another Rogers proposal which would have barred any governmental entity or even private business from entering into any agreement for "critical infrastructure'' with a company owned by citizens of China, North Korea, Iran or Russia. These already are defined elsewhere in state law any any system or asset that is so vital to the state or the county that its incapacitation "would have a debilitating impact on security, economic security, public health or safety.''
That led Rep. Keith Seaman, D-Casa Grande, to ask if there actually have been problems in Arizona that this legislation would resolve.
Rogers said she did not have specific examples other than China being involved in computer production. But she said there have been "disasters occurring that are inexplicable,'' like the derailing of freight trains in March in northwest Arizona, incidents for which no cause has yet been provided.
Hobbs, for her part, objecting to creating "a presumption that all citizens of certain countries are enemies of the state.'' And she said there are practical concerns, like disqualifying many Arizonans who may have dual citizenship.
"Moreover, the bill's broad language would jeopardize businesses entering the Arizona market, a significant tailwind in our economy as the U.S.'s top state for foreign-direct investment,'' the governor said. And she even raised the question of whether this would bar investment from Taiwan which China claims as its own.
Hobbs also vetoed measures to:
- Require that more people convicted of certain crimes be listed on a sex-offender website maintained by the Department of Public Safety. The governor said existing law already requires posting of the names of "the most dangerous.''
- Eliminate the requirement that attorneys be members of the State Bar of Arizona which would have left all discipline solely to the Arizona Supreme Court. The governor said the Bar is best equipped to do the job and the justices oppose the measure.
- Set up new procedures for parents to file complaints if they believe schools are violating their parental rights and collecting it on a statewide level. Hobbs called it "an unnecessary mandate on school districts.''
- Mandate a head-to-head test of hand counts versus machine counts of ballots, all in the wake of continued claims by failed candidates that machine counting is inherently suspect and susceptible to fraud and hacking. "The 2022 election is settled,'' Hobbs wrote, telling lawmakers it is "time to move on'' and start addressing real problems.
- Put a warning on early ballot envelopes that if people do not get them returned to county offices by the Friday before the election that it may delay results because of the time needed for the signature verification process. "I am concerned that this bill could have the effect of discouraging voter participation,'' the governor wrote.
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