Arizona bill would make shooting and killing migrants on property legal
A Democrat Latina lawmaker opposed to the legislation said it would "allow open season on migrants."
Feb. 29, 2024
By Suzanne Gamboa
Under a bill advancing in the Arizona Legislature, a property owner would be able to kill or threaten to kill people who cross their property to illegally enter the U.S.
Although the bill does not mention immigrants, its sponsor, Republican Rep. Justin Heap, said in a committee hearing that his bill was intended to close a loophole to assist ranchers who may witness someone trespassing any section of their land, not just within a mile of their home.
The bill would modify the state's existing Castle Doctrine, which allows home and property owners to threaten to use deadly force to stop someone from criminally trespassing into or on their property. They can use deadly force only to defend themselves or another person. The law considers property to be structures for residency, occupied or not.
The proposal has drawn fierce opposition in the state, where in the past hard-line immigration laws have galvanized opponents, particularly Latinos, to beat back the laws and help erode the Republican grip in the state.
It comes as an Arizona rancher, George Kelly, faces trial next month on second-degree murder charges in the January 2023 shooting death of Gabriel Cuen-Butimea, who had entered the country illegally and was found dead on Kelly's property. Kelly has pleaded not guilty and said he only fired warning shots.
Rep. Analise Ortiz, a Phoenix-area Democrat, called the bill disgusting and inhumane and would allow "open season on migrants".
"It's terrifying. It would give people free rein to execute somebody and it would broaden extrajudicial killings," Ortiz told NBC News. "This is part of a broader anti-immigrant movement that we've seen coming from the right, which aims to dehumanize and vilify people who are coming to this country seeking asylum."
NBC News has reached out to Heap's office.
Democratic Legislative Campaign Committee spokesperson Abhi Rahman said the approval of the Arizona bill would mean the GOP is "one step closer to legalizing murder."
"Make no mistake, this bill encourages Arizonians to shoot first and ask questions later," he said.
Ortiz said she is certain that Gov. Katie Hobbs would veto the bill if it is approved by the Senate.
Hobbs has said she would veto a bill approved by Arizona lawmakers that would allow state police to arrest people who enter the country illegally. The bill is similar to one in Texas that was scheduled to go into effect next month but that was blocked by a federal court on Thursday.
NBC News has reached out to Hobbs.
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