PHOENIX (AZFamille) — Arizonans voted to pass Proposition 314: an immigration reform measure also known as the Secure the Border Act.

The proposal is modeled on a Texas law (SB4) the constitutionality of which is being examined by the United States Supreme Court. Even though Arizona voters passed the law, parts of the bill won’t take effect until the Texas bill is declared constitutional.

Prop 314 makes it one misdemeanor for non-citizens to enter Arizona anywhere other than an official port of entry.

From 1:15 a.m., the vote “yes” is up from 61.8% to 38.2%, with almost 50.5% of the votes counted.

Illegal entry and reentry is already a federal crime, punishable by a fine and/or prison time.

Once official, the ballot measure will allow local police to arrest those crossing the border illegally and state judges to order expulsions.

Additionally, this makes it a minor offense for those who submit false information or documents for employment or public benefits. Proposition 314 also makes selling fentanyl a Class 2 felony if the person knowingly sold the drug and another person dies from the substance.

A non-partisan poll commissioned by Arizona’s Family showed a majority of Arizona voters supported the measure to reform the state’s immigration system ahead of Election Day.

The poll found that 58% of voters said they would vote yes, and 37% would “definitely” vote for the measure. About a quarter of voters oppose the proposal, with 14 percent voting “definitely” no.

As officials across the state I agree that there are problems with immigration system, they could not reach agreement on solutions.

Critics say Proposition 314 is similar to SB 1070, a controversial bill passed in 2010 that allowed police to request proof of citizenship if a person was suspected of being in the state illegally.

However, supporters of the bill argue otherwise.

“Under SB 1070, all they needed was reasonable suspicion to make the first stop. Under this bill, you still have to have a higher level of probable cause, meaning it’s more likely than not that they’re breaking the law,” the Republican state senator said, John Kavanagh. “Another provision of this proposal would increase the penalty for someone who knowingly sells fentanyl, and that causes someone to die.”

According to the U.S. Department of Homeland Security, more than 90 percent of fentanyl is stopped at ports of entry.

It’s unclear what the ruling will be on the Texas bill. If SB 4 is found constitutional, Proposition 314 should be able to take effect shortly thereafter. However, if this is deemed illegal, it’s unclear what exactly would happen to Proposition 314 in Arizona.

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