Voters may decide how much power local police have to enforce immigration laws

April 8, 2008 - 5:28PM

BY HOWARD FISCHER, CAPITOL MEDIA SERVICES

PHOENIX - The state House voted Tuesday to ask Arizona voters to let state and local police arrest people who are in this country illegally.

HCR 2039 would expand the state crime of trespass to include anyone on public or private property who is in violation of federal immigration laws. Police officers could either refer the individuals for prosecution or simply turn them over to Immigration and Customs Enforcement.

The measure also would bar the state or local governments from having any policies, official or otherwise, that prohibit police officers from asking those they stop about their immigration status. In fact, it specifically requires officers to question anyone arrested on any other law about whether they entered the country legally.

Tuesday's preliminary vote is not the end of the matter. The measure still requires final House action and Senate approval.