PROP 317Drug cartels as terrorist organizations
The measure would declare drug cartels to be terrorist organizations under Arizona law and direct the Department of Homeland Security to use its existing lawful authority against their threats.
The law, with a human translation.
A.R.S. § 41-4256(A) · Declaration and instruction
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.
The state designation is paired with a direction to the Arizona Department of Homeland Security, limited to action within its existing authority.
A.R.S. § 41-4256(B) · Federal asylum
B. Nothing in this section supports an alien's claim for asylum under federal law.
The state statute expressly disclaims support for a noncitizen’s federal claim.
A.R.S. § 41-4256(C) · Definitions
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.
The definitions cover formal and informal associations and three categories of conduct. “Threat” is defined broadly around constitutional rights and public safety, health, or welfare.
Measure § 2(1)–(5) · Findings tied to Proposition 314
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 state’s 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.
Findings 1–5 incorporate Proposition 314’s border and fentanyl claims and its constitutional conclusion. Legislative findings state reasons for the measure; they are distinct from the operative command in § 41-4256.
Measure § 2(6)–(8) · Drug-threat findings and stated purpose
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.
Findings 6–8 cite a federal threat assessment and the Council on Foreign Relations, then state the Legislature’s purpose for the designation and agency instruction.
Resolution ¶ 2 · Submission to voters
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.
The resolution refers the proposed statute to voters.
The phrase “within its authority” limits the instruction to powers the department already has; the measure does not spell out a new enforcement program or budget.
Calling a group a terrorist organization under state law is not the same as a federal foreign-terrorist designation.
The measure includes extensive legislative findings and political conclusions that do not themselves create separate crimes or penalties.
Read every word for yourself.
This is the complete adopted or enrolled document, reproduced from the official government source. Page and part labels follow the source file.
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)
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1 Be it resolved by the House of Representatives of the State of Arizona, the
2 Senate concurring:
3 1. Under the power of the referendum, as vested in the Legislature,
4 the following measure, relating to the Arizona department of homeland
5 security, is enacted to become valid as a law if approved by the voters and
6 on proclamation of the Governor:
7 AN ACT
8 AMENDING TITLE 41, CHAPTER 41, ARTICLE 1, ARIZONA REVISED
9 STATUTES, BY ADDING SECTION 41-4256; RELATING TO THE ARIZONA
10 DEPARTMENT OF HOMELAND SECURITY.
11 Be it enacted by the Legislature of the State of Arizona:
12 Section 1. Title 41, chapter 41, article 1, Arizona
13 Revised Statutes, is amended by adding section 41-4256, to read:
14 41-4256. Drug cartels; terrorist organizations;
15 definitions
16 A. THIS STATE DECLARES THAT DRUG CARTELS ARE TERRORIST
17 ORGANIZATIONS. THE DEPARTMENT SHALL DO EVERYTHING WITHIN ITS
18 AUTHORITY TO ADDRESS THE THREAT POSED BY DRUG CARTELS.
19 B. NOTHING IN THIS SECTION SUPPORTS AN ALIEN'S CLAIM FOR
20 ASYLUM UNDER FEDERAL LAW.
21 C. FOR THE PURPOSES OF THIS SECTION:
22 1. "DRUG CARTEL" MEANS AN ONGOING FORMAL OR INFORMAL
23 ASSOCIATION OF PERSONS IN WHICH MEMBERS OR ASSOCIATES
24 INDIVIDUALLY OR COLLECTIVELY ENGAGE IN ANY OF THE FOLLOWING:
25 (a) HUMAN SMUGGLING.
26 (b) DRUG TRAFFICKING FOR PROFIT.
27 (c) ANY ACT OF TERRORISM DEFINED IN SECTION 13-2301.
28 2. "THREAT" MEANS ANYTHING DESIGNED TO DISTURB, VIOLATE
29 OR CAUSE HARM TO INDIVIDUAL RIGHTS GUARANTEED UNDER THE STATE
30 AND FEDERAL CONSTITUTIONS OR TO THE PUBLIC SAFETY, HEALTH OR
31 GENERAL WELFARE OF THE PEOPLE.
32 Sec. 2. Legislative findings
33 The legislature finds:
34 1. Arizona voters overwhelmingly passed the Secure the
35 Border Act, proposition 314, at the 2024 general election.
36 2. When voters passed proposition 314, the voters found
37 that "[d]ue to weaknesses in immigration enforcement, a public
38 safety crisis is occurring in Arizona, caused by transnational
39 cartels engaging in rampant human trafficking and drug smuggling
40 across this state’s southern border".
41 3. The voters further found that "[f]rom 2021 to 2023,
42 United States customs and border protection encountered two
43 hundred eighty-two individuals on the terrorist watchlist
44 illegally entering the southwest border between ports of entry"
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1 and that "[t]his is a 3033% increase over the prior three years
2 when only nine such individuals were encountered".
3 4. The voters further found that "[f]rom 2021 to 2023,
4 the amount of fentanyl seized at the southwest border almost
5 tripled, amounting to billions of doses of fentanyl", that
6 illicit fentanyl "is primarily produced in foreign nations and
7 smuggled across the southwest border" and that "[t]ransnational
8 cartels fund their operations by trafficking this deadly drug
9 across the southwest border".
10 5. Based on the findings listed in paragraphs 1 through 4
11 of this section and other substantial evidence, the voters
12 concluded that the state of Arizona is being "actually invaded"
13 as defined in article I, section 10 of the United States
14 Constitution.
15 6. According to the United States drug enforcement
16 administration's 2024 national drug threat assessment,
17 synthetic drugs have transformed not only the drug landscape in
18 the United States with deadly consequences to public health and
19 safety, synthetic drugs have also transformed the criminal
20 landscape in the United States, as the drug cartels that make
21 these drugs reap huge profits from their sale.
22 7. The council on foreign relations, a nonpartisan,
23 independent national membership organization, has concluded
24 that transnational criminal organizations dominate the import
25 and distribution of cocaine, fentanyl, heroin, marijuana and
26 methamphetamine in the United States.
27 8. This legislation is necessary to address the public
28 safety crisis at Arizona's border, to fulfill voters' intent as
29 expressed in proposition 314 and to empower the Arizona
30 department of homeland security to do everything within its
31 authority consistent with this state's declaration that drug
32 cartels are terrorist organizations for purposes of Arizona law.
33 2. The Secretary of State shall submit this proposition to the voters
34 at the next general election as provided by article IV, part 1, section 1,
35 Constitution of Arizona.
PASSED BY THE HOUSE FEBRUARY 26, 2025.
PASSED BY THE SENATE JUNE 27, 2025.
FILED IN THE OFFICE OF THE SECRETARY OF STATE JUNE 27, 2025.
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