NOGALES, Ariz. (KGUN) — Santa Cruz County Sheriff David Hathaway said he had hoped Congress would pass immigration reforms, but President Biden has had to rely on executive orders instead.

The sheriff says immigrants don't come here to live as criminals, they come to work in the U.S. He believes there needs to be a guest worker program so immigrants can work legally.

On a related border issue, he is frustrated that the Arizona Legislature put a question on the November ballot that would allow voters to cross the border illegally in violation of state law and then have local sheriffs and police enforce that law.

He says, “Santa Cruz County is the smallest county in Arizona. We deal with the basics of law enforcement, violent crime, property crime. There are 30 times as many federal agents in my area as we do. There are 30 federal agents for every local officer, so it doesn't make sense to have us take on a federal function. I don't want to go after people who look Hispanic and ask for their papers in a town that is already 95% Hispanic.”

Crossing the border illegally is already a federal offense.

Sheriff Hathaway said if voters approve a state law on illegal border crossings, he won't enforce it. He said he's not worried it would lead to lawsuits or reduced fines from the state.