Arizona’s Prop 314 Took Effect July 14. A TRO Just Failed.
Arizona’s Secure the Border Act is now enforcing state criminal penalties for unauthorized border crossings, and a federal court declined on July 31, 2026 to temporarily block it. The Florence Immigrant and Refugee Rights Project and the ACLU asked the court for a temporary restraining order (TRO). The judge rejected that request.
The law, which Arizona voters approved as Proposition 314 in 2024, makes crossing the state’s southern border outside an official port of entry a class 1 misdemeanor, punishable by up to six months in jail.
61% of Arizona voters approved Prop 314 in November 2024.
That margin gave the law broad political support, but opponents argue it oversteps state authority into federal immigration enforcement. Under Prop 314, local police can arrest people they suspect of unauthorized crossings, and Arizona state judges can issue deportation orders, bypassing the federal immigration system entirely.
Why the Fight Is Not Over
A TRO lasts only 14 days. The bigger legal fight is over a preliminary injunction, which can pause a law for the full length of a lawsuit. That question has not yet been decided.
The court scheduled a hearing for August 11, 2026, at which point the judge will set a date to hear arguments on the preliminary injunction. Until that injunction is granted or denied, Prop 314 remains active and enforceable.
The ACLU argued the law exposes the Florence Project’s clients to discriminatory policing and disrupts the nonprofit’s legal defense work. Arizona Attorney General Kris Mayes, who is defending the law, said only people who crossed on or after July 14 can be prosecuted under it.
The law’s implementation was tied to a similar Texas statute, which a federal appeals court recently revived. That connection delayed Arizona’s enforcement until this month.
What you can do now
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Contact your Arizona state legislators and tell them to support any legislative effort to repeal or amend Prop 314. Find your legislators at azleg.gov/find-my-legislator. Ask them specifically to oppose state-level deportation authority that bypasses federal immigration courts.
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Call Arizona Attorney General Kris Mayes’s office at (602) 542-5025 and urge her office to consider the discriminatory policing risks the ACLU documented, even while she defends the law in court.
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Support the Florence Project’s legal defense fund directly at firrp.org. The organization provides free legal representation to immigrants in Arizona detention and is a named plaintiff in this lawsuit.
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Track the August 11 scheduling hearing and share updates from the Arizona Mirror’s coverage with your networks. The preliminary injunction decision will determine whether anyone crossing Arizona’s southern border faces state criminal prosecution for the months ahead.
Sources
Arizona Mirror: Bid to Freeze Arizona Secure the Border Act Fails
ACLU: Florence Project v. Arizona Prop 314 Legal Challenge
Florence Immigrant and Refugee Rights Project: About the Organization
Arizona Secretary of State: Proposition 314 Official Results 2024
KFF: State Immigration Enforcement Laws and Federal Preemption Overview