Sally Reed
Arizona Republicans are pushing a bill that would legalize killing any individual who is accused of attempting to trespass or who actively trespasses on private property. The proposed legislation is likely to face a veto if it reaches Arizona’s Democratic governor. If the legislation comes into effect, it would permit the use of lethal force against undocumented immigrants.
Many immigrants cross through ranches that are located along the Arizona-Mexico border.
No Explicit Reference to Immigrants
While the bill doesn’t explicitly refer to immigrants, State Representative Mesa Republican Justin Heap made it clear to the House Judiciary Committee that House Bill 2843 aims to close a loophole that is currently being exploited by migrants illegally entering the U.S.
Heap said the bill will address the loophole being used by “increasingly larger numbers of migrants or human traffickers moving across farm and ranch land.”
Modification of Castle Doctrine
If the bill gets passed, it would lead to a modification of Arizona’s existing Castle Doctrine law.
Castle Doctrine permits individuals to utilize force, including lethal force whenever necessary, to defend themselves, their families, and their property if anyone attempts to unlawfully enter their home.
Expansion of Castle Doctrine
Inside the bill “premises” is pertains to any property or structure, irrespective of whether it is “occupied or not.”
This new bill seeks to broaden the scope of Castle Doctrine from protecting against home intrusions to encompassing intrusions onto one’s property as well.
The Case of George Alan Kelly
George Alan Kelly, a 75-year-old rancher in Arizona, has been accused of killing a migrant, Gabriel Cuen Buitimea.
It is alleged that Kelly killed Buitimea on January 30, 2023 when the latter walked through Kelly’s 170-acre property in Kino Springs.
Kelly Shot at A Group of Migrants
Kelly allegedly fired shots at a group of unarmed migrants while they were walking through his Kino Springs cattle ranch. Gabriel Cuen Buitimea was part of the group.
Kelly’s attorney has stated that his client had only fired warning shots above the group of migrants that were crossing through his property.
Heap Is Seeking to Change How Castle Doctrine Law is Applied
Currently, the Castle Doctrine law requires that the alleged intruder has to be physically present on the premises and inside a residence or another structure that has been exclusively designed for habitation.
Heap said, “Language like ‘and’ ‘or’ ‘either’…that one word can completely change the meaning of how this law is then applied.”
Limitations of Castle Doctrine Law
Considering the scope of Castle Doctrine law, there are several limitations to how it can be applied currently.
Commenting on some of the limitations and how the amendment will fix things, Heap said, “If a farmer owns 10,000 acres of farmland, his home may be a half a mile away from where he is, and if he sees someone on his land, can he approach them and (remove) them from his property? This is an amendment to fix that.”
Alterations in Language Will Broaden the Defense for Individuals Utilizing Deadly Force
If the bill gets approved, alterations to the language of Castle Doctrine, by changing “and” to “or,” will massively change the scope of defense available to people using deadly force.
Criminal Defense Attorney, Jack Litwak, explained that the modification would imply that the property would need to meet only some of the requirements instead of all of them to justify the utilization of force.
Potential Issues With the Amendment
Explaining the purview of Castle Doctrine, Litwak said, “The idea with the Castle Doctrine is that you are supposed to be able to defend house and home.”
Talking about the proposed bill, Litwak added, “This seems to broaden it to say you can shoot someone that’s just on your actual property.”
Litwak Arguded Heap’s Legislation Can Extend Self-Defense to Cases Like Cuen-Buitimea’s Murder
Litwak explained that Heap’s proposed legislation can potentially expand self-defense statutes to justify the utilization of violent and lethal force in circumstances akin to the one surrounding Cuen-Buitimea killing.
Arizona is one of around 30 states that have laws eliminating the obligation to retreat before resorting to violent action.
Currently 10 States Have “Stand Your Ground” Laws
States like Louisiana and Florida are among 10 U.S. states that have explicit “Stand Your Ground” laws.
“Stand Your Ground” laws permit individuals to use violent force if they are feeling threatened.
Subject of National Debate
“Stand Your Ground” laws sparked a huge debate in 2012 when George Zimmerman, a Florida neighborhood watch volunteer, was charged with the murder of 17-year-old Trayvon Martin who was visiting his father.
Zimmerman claimed that he shot Martin in self-defense.
The Debate Resurfaced Last Year
The debate around these highly controversial laws resurfaced last year when an 84-year-old homeowner shot 6-year-old Ralph Yarl in the head and arm for ringing his doorbell.
People were worried that the shooter would be shielded by Missouri state’s “Stand Your Ground” law.
Potential for Increase in Violence
Incidents like the ones highlighted above are not isolated cases. According to a study conducted in 2022 by JAMA Network, “Stand Your Ground” laws are responsible for or have a link to at least 8-11% rise in monthly rates of firearm homicide and homicide. Researchers have concludes that “Stand Your Ground” and other legislations similar to it have a major role to play in the surge of violent an preventable fatalities.
Recent polls show that immigration is now seen as one of the most pressing issues in the United States. Heap has not responded to requests for comment on his bill.
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