By Howard Fischer | Capitol Media Services
Calling the voter-approved measure legally flawed, a Hispanic immigrant rights group is asking a judge to block Proposition 314 from taking effect.
Legal papers filed April 2 in Maricopa County Superior Court point out the key provision of the measure — allowing police to arrest those who cross the border at anything other than an official port of entry — effectively and illegally delegates the question of whether it can be enforced to what happens to a similar law in Texas that is itself being challenged. Attorney Jim Barton said if Arizona legislators want to make a law, they have to decide that themselves, not make it contingent on what happens elsewhere.
That, he said, is just part of the problem.
