Republicans in the Arizona Legislature have moved to approve an amendment to HB 2843 that, if approved, would allow the state's ranchers to use lethal force against immigrants who trespass on private property.
The measure originating in the state House of Representatives, which
is expected to receive a veto from the state's Democratic governor
, Katie Hobbs, would implement changes to an existing law known as the Castle
Doctrine
, which allows Arizona residents use lethal force against people who invade their home, reports local newspaper AZMirror.
The law especially targets undocumented people who sometimes cross private land that is located on the state's border with Mexico, according to Democratic legislators and activists cited by Axios.
Photo of the border between Nogales, Arizona (right) and Mexico on March 2, 2019. Associated Press
Justin Heap, R-Mesa, testified before the state House Judiciary Committee on Feb. 14 that his legislation seeks to close a loophole that, he claims, has allowed "an increasing number of migrants or traffickers of people move through agricultural and livestock lands.
"The idea of 'The Castle Doctrine' is that you can defend your house and home. [...] But [the new proposal] seems to expand it to say that you can
shoot someone who is on the property
," he commented Jack Litwak, criminal defense attorney, quoted by AZMirror.
The proposal comes after a farmer in the state was accused of killing an unarmed migrant who he shot in 2023 while passing by his property, located near the US-Mexico border.
George Alan Kelly on Wednesday, January 3, rejected a plea deal offered by the prosecution and which, if accepted, would have reduced the charges against him to one for negligent homicide, according to a report in the Arizona Republic newspaper.
Kelly's trial is scheduled to begin March 21 in Santa Cruz County Supreme Court and last three weeks.
Kelly, 75, was arrested and charged with second-degree murder and aggravated assault for shooting and killing Gabriel Cuen-Buitimea, 48, on Jan. 30, 2023.
The deceased migrant
was a native of Nogales
, Mexico.
[For the first time since 2019, immigration is the first concern of Americans]
According to authorities, Kelly opened fire on a group of unarmed migrants who were walking by his 170-acre (69-hectare) cattle ranch in the Kino Springs area.
According to the prosecution, the rancher recklessly fired an AK-47 rifle at the migrants, who were about 90 meters (100 yards) from his position.
Kelly's attorney has claimed that Kelly fired shots into the air to warn migrants because he feared for his and his wife's safety, as well as his property.
The other migrants who were part of the group were not injured and managed to escape back to Mexico.
Cuen-Buitimea had entered the United States
illegally several times and had been convicted and deported, the last time in 2016, according to court records.