PHOENIX (AZFamily) – Arizona residents voted to pass Prop 314: an immigration reform measure also known as the “Secure the Border Act.”

The proposal is based on a Texas law (SB 4) that the US Supreme Court is currently reviewing for constitutionality. Even though voters in Arizona passed the law, portions of the bill will not take effect until the bill is declared constitutional in Texas.

Under Prop 314, it is a misdemeanor for noncitizens to enter Arizona at any location other than an official port of entry.

As of 1:15 a.m., the yes vote increased 61.8% to 38.2%, with nearly 50.5% of votes counted.

Illegal entry and re-entry is already a federal crime punishable by a fine and/or prison time.

Once official, the ballot measure will allow local police to arrest those crossing the border illegally and give state judges the ability to order deportations.

Additionally, it is a minor offense for those who submit false information or documents for employment or public benefits. Prop 314 also makes the sale of fentanyl a Class 2 felony if the person knowingly sold the drug and another person dies as a result of the substance.

A nonpartisan poll commissioned by Arizona's Family found that a majority of Arizona voters supported the measure to reform the state's immigration system before Election Day.

The poll found that 58% of voters would vote “yes,” while 37% “definitely” voted for the measure. About a quarter of voters are against the proposal, with 14% voting “definitely” against it.

While officials across the state agree there are problems with the immigration system, they have been unable to agree on solutions.

Critics say Prop 314 is similar to SB 1070, a controversial 2010 law that allowed police to require proof of citizenship if a person was suspected of being in the state illegally.

However, supporters of the bill argue the opposite.

“Under SB 1070, all they needed was reasonable suspicion to make the initial stop. Under this law, you always have to have a higher level of probable cause, which means the evidence is more likely to violate the law,” said state Republican Sen. John Kavanagh. “Another provision of this proposal would increase the penalty for someone who knowingly sells fentanyl, and doing so would cause someone’s death.”

According to the U.S. Department of Homeland Security, more than 90% of fentanyl is stopped at ports of entry.

It is unclear what the outcome of the Texas bill will be. If SB 4 is declared constitutional, Prop 314 should be able to take effect shortly thereafter. However, if it is declared unlawful, it is unclear what would happen to Prop 314 in Arizona.

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