An Arizona lawmaker has introduced a bill to revise the state's statutes on organized crime and fraud by defining "domestic terrorism" in such a way that members of the Minuteman Project or other border-patrol groups could be prosecuted and forced to serve a minimum six-month jail term.
Rep. Kyrsten Sinema, D-Phoenix, introduced HB 2286 in the Arizona House on Thursday.
Sinema, formerly of the Green Party, had earlier submitted a bill asking the legislature to make changes to a law used to prosecute customers of immigrant smugglers as conspirators under Arizona's human trafficking law.
Sinema is targeting border-security groups like the Minutemen with new legislation that would define anyone not formally affiliated with law enforcement, who patrolled in search of illegal activity while armed, as a domestic terrorist. If it becomes law, the bill would impose a mandatory minimum jail sentence, even if prosecutors recommend probation.
HB 2286 reads:
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Sec. 2. Title 13, chapter 23, Arizona Revised Statutes, is amended by adding section 13-2320, to read:
13-2320. Domestic terrorism; classification
A. An individual or group of individuals commits domestic terrorism if the individual or group of individuals are not affiliated with a local, state or federal law enforcement entity and associate with another individual or group of individuals as an organization, group, corporation or company for the purpose of patrolling to detect alleged illegal activity or to individually patrol for the purpose of detecting alleged illegal activity and if the individual or group of individuals is armed with a firearm or other weapon.
B. Any city, town or county that suffers injury arising out of a violation of this section may maintain an action in superior court for the recovery of damages or for an injunction, or both. The court may award the successful party reasonable attorney fees.
C. If the court sentences the defendant to a term of probation, the court shall order that as an initial condition of probation the defendant be imprisoned in the county jail for a period of not less than six months. This jail term of incarceration shall not be deferred, deleted or otherwise suspended and shall commence on the date of sentencing. This subsection does not apply to persons who are sentenced to serve a period of incarceration in the state department of corrections.
D. A violation of this section is a class 5 felony.
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A leader of the violent, terror-connected Latin American gang Mara Salvatruchas, Ebner Anivel Rivera-Paz, had reportedly issued orders from federal prison to members of his international criminal organization to teach a lesson to the group of Americans taking border control into their own hands.
The Mara Salvatruchas, founded in Los Angeles, has become one of the most violent and widespread gangs throughout South America, the U.S. and even Canada. Many of its members and leaders have been deported from the U.S., but the group is said to be deeply involved in cross-border arms-running and drug-smuggling operations, according to U.S. law enforcement sources.
Under Sinema's bill, volunteers who still want to assist law enforcement by being eyes and ears along the border will have to do so unarmed.
