Arizona voters passed Proposition 314 this week. The measure would make border crossing between ports of entry a national crime and give local police powers to make immigration-related arrests.

Santa Cruz County Sheriff David Hathaway said the measure is causing anxiety in the Nogales County seat, which has a 95% Hispanic population.

“This is not an ‘invasion’ as some rhetoric calls it. This is just the natural historical makeup of my community,” he said. “This can create tension between us and the local community, and people are encouraged to report to their local police if violence occurs or if they are robbed and law enforcement is needed. You may be hesitant.”

Hathaway said that in his small county, where federal law enforcement outnumbers local officers 30 to 1, enforcing Prop. 314 would require far more manpower, prisons and prisons than his 40-person department. He said it would require additional space, training and funding. And it’s not even allowed to go into effect, he says.

“The text actually says this law will not go into effect until a similar law in Texas, Texas Senate Bill 4, is decided in court,” he said.

SB 4 has been blocked for several months until an appeals court decides whether the law is unconstitutional. Both laws have been compared to Arizona’s infamous SB 1070, which was largely struck down by the Supreme Court more than a decade ago.

Hathaway believes that having agents carry out these arrests could open them up to racial profiling lawsuits. Many questions remain about how it will work, and we’re already hearing from members of Nogales’ binational community that families who have spent generations in Nogales could be targeted. he says.

“Here in my predominantly Hispanic community, there is a fear that everyone will be targeted regardless of their status. What is the process to enforce this? “Is there any additional training?” he asked. “In my opinion, it would take the Arizona attorney general, and my local county attorney, to issue a legal opinion that would provide guidance for all law enforcement agencies in Arizona.”