House Engrossed drug cartels; terrorist organizations State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HOUSE CONCURRENT RESOLUTION 2055 A CONCURRENT RESOLUTION enacting and ordering the submission to the people of a measure relating to the Arizona department of homeland security. (TEXT OF BILL BEGINS ON NEXT PAGE)
House Engrossed drug cartels; terrorist organizations
State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
HOUSE CONCURRENT RESOLUTION 2055
House Engrossed
drug cartels; terrorist organizations
State of Arizona
House of Representatives
Fifty-seventh Legislature
First Regular Session
2025
HOUSE CONCURRENT RESOLUTION 2055
A CONCURRENT RESOLUTION
enacting and ordering the submission to the people of a measure relating to the Arizona department of homeland security.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring: 1. Under the power of the referendum, as vested in the Legislature, the following measure, relating to the Arizona department of homeland security, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor: AN ACT Amending title 41, chapter 41, article 1, Arizona Revised Statutes, by adding section 41-4256; RELATING to the Arizona department of homeland security. Be it enacted by the Legislature of the State of Arizona: Section 1. Title 41, chapter 41, article 1, Arizona Revised Statutes, is amended by adding section 41-4256, to read: START_STATUTE41-4256. Drug cartels; terrorist organizations; definitions A. This state declares that drug cartels are terrorist organizations. The department shall do everything within its authority to address the threat posed by drug cartels. B. Nothing in this section supports an alien's claim for asylum under federal law. c. For the purposes of this section: 1. "Drug cartel" means an ongoing formal or informal association of persons in which members or associates individually or collectively engage in any of the following: (a) Human smuggling. (b) drug trafficking for profit. (c) Any act of terrorism defined in section 13-2301. 2. "Threat" means anything designed to disturb, violate or cause harm to individual rights guaranteed under the state and federal constitutions or to the public safety, health or general welfare of the people. END_STATUTE Sec. 2. Legislative findings The legislature finds: 1. Arizona voters overwhelmingly passed the Secure the Border Act, proposition 314, at the 2024 general election. 2. When voters passed proposition 314, the voters found that "[d]ue to weaknesses in immigration enforcement, a public safety crisis is occurring in Arizona, caused by transnational cartels engaging in rampant human trafficking and drug smuggling across this states southern border". 3. The voters further found that "[f]rom 2021 to 2023, United States customs and border protection encountered two hundred eighty-two individuals on the terrorist watchlist illegally entering the southwest border between ports of entry" and that "[t]his is a 3033% increase over the prior three years when only nine such individuals were encountered". 4. The voters further found that "[f]rom 2021 to 2023, the amount of fentanyl seized at the southwest border almost tripled, amounting to billions of doses of fentanyl", that illicit fentanyl "is primarily produced in foreign nations and smuggled across the southwest border" and that "[t]ransnational cartels fund their operations by trafficking this deadly drug across the southwest border". 5. Based on the findings listed in paragraphs 1 through 4 of this section and other substantial evidence, the voters concluded that the state of Arizona is being "actually invaded" as defined in article I, section 10 of the United States Constitution. 6. According to the United States drug enforcement administration's 2024 national drug threat assessment, synthetic drugs have transformed not only the drug landscape in the United States with deadly consequences to public health and safety, synthetic drugs have also transformed the criminal landscape in the United States, as the drug cartels that make these drugs reap huge profits from their sale. 7. The council on foreign relations, a nonpartisan, independent national membership organization, has concluded that transnational criminal organizations dominate the import and distribution of cocaine, fentanyl, heroin, marijuana and methamphetamine in the United States. 8. This legislation is necessary to address the public safety crisis at Arizona's border, to fulfill voters' intent as expressed in proposition 314 and to empower the Arizona department of homeland security to do everything within its authority consistent with this state's declaration that drug cartels are terrorist organizations for purposes of Arizona law. 2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article IV, part 1, section 1, Constitution of Arizona.
Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:
1. Under the power of the referendum, as vested in the Legislature, the following measure, relating to the Arizona department of homeland security, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor:
AN ACT
Amending title 41, chapter 41, article 1, Arizona Revised Statutes, by adding section 41-4256; RELATING to the Arizona department of homeland security.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, chapter 41, article 1, Arizona Revised Statutes, is amended by adding section 41-4256, to read:
START_STATUTE41-4256. Drug cartels; terrorist organizations; definitions
A. This state declares that drug cartels are terrorist organizations. The department shall do everything within its authority to address the threat posed by drug cartels.
B. Nothing in this section supports an alien's claim for asylum under federal law.
c. For the purposes of this section:
1. "Drug cartel" means an ongoing formal or informal association of persons in which members or associates individually or collectively engage in any of the following:
(a) Human smuggling.
(b) drug trafficking for profit.
(c) Any act of terrorism defined in section 13-2301.
2. "Threat" means anything designed to disturb, violate or cause harm to individual rights guaranteed under the state and federal constitutions or to the public safety, health or general welfare of the people. END_STATUTE
Sec. 2. Legislative findings
The legislature finds:
1. Arizona voters overwhelmingly passed the Secure the Border Act, proposition 314, at the 2024 general election.
2. When voters passed proposition 314, the voters found that "[d]ue to weaknesses in immigration enforcement, a public safety crisis is occurring in Arizona, caused by transnational cartels engaging in rampant human trafficking and drug smuggling across this states southern border".
3. The voters further found that "[f]rom 2021 to 2023, United States customs and border protection encountered two hundred eighty-two individuals on the terrorist watchlist illegally entering the southwest border between ports of entry" and that "[t]his is a 3033% increase over the prior three years when only nine such individuals were encountered".
4. The voters further found that "[f]rom 2021 to 2023, the amount of fentanyl seized at the southwest border almost tripled, amounting to billions of doses of fentanyl", that illicit fentanyl "is primarily produced in foreign nations and smuggled across the southwest border" and that "[t]ransnational cartels fund their operations by trafficking this deadly drug across the southwest border".
5. Based on the findings listed in paragraphs 1 through 4 of this section and other substantial evidence, the voters concluded that the state of Arizona is being "actually invaded" as defined in article I, section 10 of the United States Constitution.
6. According to the United States drug enforcement administration's 2024 national drug threat assessment, synthetic drugs have transformed not only the drug landscape in the United States with deadly consequences to public health and safety, synthetic drugs have also transformed the criminal landscape in the United States, as the drug cartels that make these drugs reap huge profits from their sale.
7. The council on foreign relations, a nonpartisan, independent national membership organization, has concluded that transnational criminal organizations dominate the import and distribution of cocaine, fentanyl, heroin, marijuana and methamphetamine in the United States.
8. This legislation is necessary to address the public safety crisis at Arizona's border, to fulfill voters' intent as expressed in proposition 314 and to empower the Arizona department of homeland security to do everything within its authority consistent with this state's declaration that drug cartels are terrorist organizations for purposes of Arizona law.
2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article IV, part 1, section 1, Constitution of Arizona.