Arizona Legislature Advances Bill Allowing Property Owners to Use Deadly Force Against Trespassers
A controversial bill is making its way through the Arizona Legislature, proposing that property owners in the state should have the right to kill or threaten individuals crossing their land illegally. While the bill, sponsored by Republican Rep. Justin Heap, doesn’t explicitly mention immigrants, Heap clarified during a committee hearing that the aim is to address a perceived loophole and provide support to ranchers dealing with trespassers on any part of their property.
The proposed legislation seeks to amend the existing Castle Doctrine in Arizona, allowing property owners to use deadly force to prevent criminal trespassing on their premises. Currently, deadly force is only permitted for self-defense or the protection of others, with the law considering structures for residency, whether occupied or not, as part of the property.
This move has sparked strong opposition within the state, historically known for its stringent immigration laws. Critics argue that it could lead to extrajudicial killings and exacerbate tensions around immigration issues. The bill comes in the wake of an Arizona rancher, George Kelly, facing second-degree murder charges for the shooting death of Gabriel Cuen-Butimea, an individual who entered the country illegally. Kelly claims to have fired warning shots and has pleaded not guilty.
Democratic lawmakers, such as Rep. Analise Ortiz, condemn the bill as “disgusting and inhumane,” expressing concerns that it could create an “open season on migrants.” The Democratic Legislative Campaign Committee warns that approving the bill would be a step towards “legalizing murder.”
Some speculate that Governor Katie Hobbs would likely veto the bill if it passes the Senate. Hobbs has previously expressed her intention to veto legislation allowing state police to arrest those entering the country illegally. The bill mirrors a Texas law that faced legal challenges.
As the debate unfolds, the Arizona bill is expected to become a central issue in the upcoming elections. Arizona has a history of contentious anti-immigration legislation, with the Latino community playing a pivotal role in flipping the state for President Biden in 2020. Critics argue that attempts to replicate past tactics could face strong opposition from an informed and mobilized Latino electorate.