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Despite a significant decline in migration from Mexico since 2007, unauthorized migrants continue to face perilous journeys along the US-Mexico border, especially in southern Arizona. As per a Sage Pub journal, Conservative estimates from the US Border Patrol indicate that around 6,029 migrants perished while attempting to cross the border between October 1, 1997, and September 30, 2013. However, the true number remains unknown. These tragic deaths underscore the ongoing humanitarian crisis and challenges faced by migrants seeking a better life in the United States.
Trial for an Arizona rancher accused of fatally shooting a migrant on his property near the border
In a courtroom trial started Friday last week, Arizona rancher George Alan Kelly faces charges of second-degree murder for the Jan. 30, 2023, shooting of Gabriel Cuen-Buitimea near Nogales, Mexico. Kelly rejected a plea deal for reduced charges. Prosecutors allege Kelly recklessly fired an AK-47 at unarmed migrants on his 170-acre ranch, with Cuen-Buitimea among them. Chief Deputy Attorney Kim Hunley emphasized Cuen-Buitimea’s humanity to jurors.
Kelly also faces aggravated assault charges for injuring Daniel Ramirez. Kelly’s defense claims he shot into the air, fearing for his safety and that of his wife and property. The shooting reignited border security debates, reminiscent of a West Texas incident in September 2022 involving twin brothers Michael and Mark Sheppard, who were charged with manslaughter for shooting migrants.
The case underscores ongoing tensions surrounding immigration and border policies, coinciding with the presidential election. According to Courthouse News, Border security remains a central issue, with Trump and Biden recently visiting the Texas-Mexico border in late February.
Bill Regarding This Issue
In Arizona, a controversial bill is advancing through the state legislature, proposing significant changes to the Castle Doctrine, which allows property owners to defend against intruders with deadly force. Sponsored by Republican Rep. Justin Heap, the bill aims to empower property owners, particularly ranchers, to address illegal crossings on their land as reported by NBC News. Notably, the bill does not explicitly mention immigrants, but Heap clarified in a committee hearing that it seeks to assist ranchers in protecting their property from trespassers, regardless of their immigration status.
If passed, the bill would expand the Castle Doctrine to permit property owners to kill or threaten to kill individuals trespassing on their land, not just within a certain distance from their homes. The legislation follows a recent high-profile case involving Arizona rancher George Kelly, who faces second-degree murder charges for the shooting death of Gabriel Cuen-Butimea, an undocumented immigrant found on Kelly’s property. Kelly maintains that he fired warning shots and pleaded not guilty.
Opposition to the bill has been intense, with critics condemning it as inhumane and dangerous. Democratic Rep. Analise Ortiz labeled the proposal as “disgusting” and warned of the potential for extrajudicial killings, emphasizing the broader anti-immigrant sentiment driving such legislation. The Democratic Legislative Campaign Committee echoed these concerns, accusing the GOP of moving closer to legalizing murder and promoting a shoot-first mentality.
Governor Katie Hobbs, a Democrat, has signaled her opposition to the bill, indicating that she would veto it if it passes the Senate. Hobbs has previously voiced her objections to similar anti-immigrant measures, such as a bill authorizing state police to arrest individuals entering the country illegally. The bill’s fate rests on further legislative proceedings and potential gubernatorial action, amidst ongoing debates over immigration policy and public safety in Arizona.
Details of the House Bill 2843
HB 2843, introduced in the Arizona Legislature, pertains to the defense of premises and the use of physical force.
Here are the specifics of the bill:
Amendment of Section 13-407
The bill proposes an amendment to Section 13-407 of the Arizona Revised Statutes, which deals with justification for the use of physical force in defense of premises.
Justification for Use of Force
The bill establishes that a person or their agent in lawful possession or control of premises is justified in threatening or using physical force against another if they reasonably believe it is immediately necessary to prevent or terminate the commission of criminal trespass on the premises.
This provision empowers individuals to defend their property from trespassers by threatening or using force as deemed necessary under the circumstances.
Use of Deadly Physical Force
Deadly physical force may be used in defense of premises only to protect oneself or third persons, as outlined in sections 13-405 and 13-406 of the Arizona Revised Statutes.
This restriction ensures that the use of deadly force is limited to situations where there is an imminent threat of harm to oneself or others.
Definition of “Premises”
The bill clarifies that “premises” refer to any real property or structure, whether permanent or temporary, adapted for human residence or lodging, regardless of occupancy.
This definition encompasses a broad range of properties, including both residential and commercial structures.
HB 2843 aims to provide legal clarity and justification for individuals to defend their premises against criminal trespass through the use of physical force, including deadly force if necessary. The bill underscores the importance of protecting property rights while ensuring that the use of force remains proportionate to the threat posed by trespassers.
What Is the Response to This Bill?
Criminal defense attorney Jack Litwak criticized the proposed legislation by Rep. Justin Heap, arguing that it extends the Castle Doctrine to justify violent force beyond immediate threats. Litwak expressed concern that the bill could lead to more extrajudicial killings, referencing a recent murder case. Rep. Analise Ortiz echoed these sentiments, highlighting the potential dangers of broadening self-defense laws.
The comments come amid debates over Heap’s bill, which aims to expand the scope of the permissible force in defending premises. Litwak and Ortiz caution against approving such legislation, emphasizing the need for careful consideration of its implications.
“I do not think there is any sense in giving a green light to more extrajudicial killings”.
(Rep. Analise Ortiz, D-Phoenix)
The proposed legislation HB2843, aiming to expand the Castle Doctrine, has stirred heated debate. The bill removes the duty to retreat before resorting to violent action, setting Arizona apart from states with explicit “Stand Your Ground” laws. This legislation has sparked national discussions since the acquittal of George Zimmerman in 2012 and recent incidents like the shooting of 16-year-old Ralph Yarl and 20-year-old Kaylin Gillis. Critics, including Rep. Analise Ortiz, express concern that broadening self-defense laws may lead to more extrajudicial killings, especially given the potential implications highlighted by a 2022 JAMA Network study. Conversely, supporters like Rep.
Alex Kolodin argues that the bill safeguards individuals facing accusations of excessive force. Despite opposition from Democrats, the bill passed the state House on Feb. 22, with Republicans in favor. Its fate now rests with the Senate, where further consideration is imminent. This development underscores ongoing tensions surrounding gun legislation and self-defense laws in Arizona.