Opponents say Arizona bill to expand castle doctrine could lead to the deaths of migrants

By Jill Ryan
Howard Fischer, Capitol Media Services
Published: Thursday, April 4, 2024 - 1:00pm
Updated: Thursday, April 4, 2024 - 1:04pm

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Gage Skidmore/CC BY 2.0
Arizona state Rep. Justin Heap in 2023.

Sitting before Arizona Gov. Katie Hobbs is a bill that could vastly expand Arizona’s castle doctrine. Current law allows a property owner who feels their life is threatened to use deadly force against trespassers. Opponents say the new bill could authorize the killing of migrants.

Currently, castle doctrine is limited to inside the home and in the immediate yard. This bill would expand the area to the full property. For ranchers and farmers, that could potentially mean hundreds or thousands of acres.

Democrats claim the bill would legalize the shooting of migrants, but Republicans, including bill sponsor state Rep. Justin Heap, disagree.

“This bill has nothing to do with migrants. And it doesn't actually change any of our current state laws. It just makes it clear to judges under what circumstances you can raise a defense in court," Heap said.

Democratic state Sen. Anna Hernandez said when when Heap described the bill to a House committee, he specifically mentioned migrants. 

"We’ve had several cases and unfortunately, an increasing number of cases as we’re seeing increasingly larger numbers of migrants or human traffickers moving across farm and ranch land," Heap said in March. 

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