Paul Bender

Professor and Dean Emeritus Paul Bender was included in a Nov. 24 article in the Arizona Capitol Times about an Arizona lawmaker’s idea to deploy a state-run civilian force on the U.S.-Mexico border.

In “Harper proposes state-sanctioned militia to patrol border,” reporter Luige del Puerto wrote that Sen. Jack Harper, R-Surprise, plans to introduce legislation next session that would create an armed force to observe illegal activity and report it to law enforcement.

Bender said such a militia would not be allowed to stop illegal immigrants from crossing the border because that authority is reserved for the federal government. To do otherwise may violate the U.S. Constitution, he said.

“If Senator Harper really wants to do this, then he ought to propose asking the federal government for its cooperation and authorization in doing this and see what happens,” Bender said. “To just go off on your own and say,’ we are going to guard the border’ – I don’t think states can do that.”

To read the full article click here.

Bender teaches courses on U.S. and Arizona constitutional law. He has written extensively about constitutional law, intellectual property and Indian law, and is coauthor of the two-volume casebook/treatise, Political and Civil Rights in the United States. Bender has argued more than 20 cases before the U.S. Supreme Court, and actively participates in constitutional litigation in federal and state courts.