Bill Text: AZ SB1164 | 2025 | Fifty-seventh Legislature 1st Regular | Introduced
Bill Title: Immigration laws; local enforcement
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced) 2025-01-23 - Assigned to Senate RULES Committee [SB1164 Detail]
Download: Arizona-2025-SB1164-Introduced.html
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REFERENCE TITLE: immigration laws; local enforcement |
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State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025
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SB 1164 |
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Introduced by Senators Petersen: Shope
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AN ACT
amending title 11, chapter 7, article 8, arizona revised statutes, by adding sections 11-1052, 11-1053, 11-1054 and 11-1055; appropriating monies; relating to enforcement of immigration laws.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 11, chapter 7, article 8, Arizona Revised Statutes, is amended by adding sections 11-1052, 11-1053, 11-1054 and 11-1055, to read:
11-1052. Federal immigration authorities; state cooperation; written agreement; training requirements; report; definitions
A. EACH LAW ENFORCEMENT AGENCY SHALL USE its BEST EFFORTS TO SUPPORT THE ENFORCEMENT OF FEDERAL IMMIgration laws. THIS SECTION APPLIES TO A law enforcement agency OFFICIAL, REPRESENTATIVE, AGENT OR EMPLOYEE ONLY WHEN the official, representative, agent or employee IS ACTING WITHIN THE SCOPE OF the person's OFFICIAL DUTIES OR WITHIN THE SCOPE OF the person's EMPLOYMENT.
B. OFFICIALs OR AGENCies OF THIS STATE or a county, city, town or OTHER POLITICAL SUBDIVISION OF THIS STATE may ENTER INTO MEMORANDUMS OF AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE, THE United States DEPARTMENT OF HOMELAND SECURITY OR ANY OTHER FEDERAL AGENCY FOR THE PURPOSE OF ENFORCING FEDERAL IMMIGRATION LAWS, INCLUDING 8 United States Code SECTION 1357(g) OR A SIMILAR FEDERAL PROGRAM.
C. On or before JANUARY 1, 2026, EACH LAW ENFORCEMENT AGENCY shall ENTER INTO A memorandum of AGREEMENT WITH THE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT TO PARTICIPATE IN THE IMMIGRATION PROGRAM ESTABLISHED UNDER 8 United States Code SECTION 1357(g). THE TERMS OF THE AGREEMENT must SUPPORT THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS. THE AGREEMENT entered into PURSUANT TO 8 United States Code SECTION 1357(g) OR A SIMILAR FEDERAL PROGRAM shall do all of the following:
1. BE ENTERED INTO IN ACCORDANCE WITH FEDERAL LAW.
2. include participation by the law enforcement agency in all applicable programs that are available.
3. ALLOW FOR THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO THE FULL EXTENT allowED UNDER FEDERAL LAW.
D. WHEN A LAW ENFORCEMENT AGENCY ENTERS INTO A MEMORANDUM OF AGREEMENT PURSUANT TO SUBSECTION C of this section, written NOTICE OF THE memorandum of AGREEMENT shall be submitted within thirty days after execution TO THE GOVERNOR, THE ATTORNEY GENERAL, the secretary of state, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE. ANY RENEWAL, MODIFICATION OR TERMINATION OF A MEMORANDUM OF AGREEMENT shall BE REPORTED TO THE GOVERNOR, THE ATTORNEY GENERAL, the secretary of state, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE WITHIN THIRTY DAYS OF THE RENEWAL, MODIFICATION OR TERMINATION.
E. On or before OCTOBER 1, 2025 AND continuing quarterly UNTIL THE LAW ENFORCEMENT AGENCY ENTERS INTO THE memorandum of AGREEMENT REQUIRED pursuant to SUBSECTION C of this section, EACH LAW ENFORCEMENT AGENCY shall NOTIFY THE GOVERNOR, THE ATTORNEY GENERAL, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE OF THE STATUS OF the written agreement AND the reasons FOR NONCOMPLIANCE WITH THIS SECTION.
f. A law enforcement agency shall ensure that at least ten percent of the law enforcement officers employed by the law enforcement agency are trained in accordance with the terms of any memorandum of AGREEMENT entered into with the United States immigration and customs enforcement pursuant to this section.
G. On or before JANUARY 31 OF EACH YEAR, EACH LAW ENFORCEMENT AGENCY shall SUBMIT A REPORT TO THE GOVERNOR, THE ATTORNEY GENERAL, the secretary of state, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE THAT IDENTIFIES both of the following:
1. THE NUMBER OF law ENFORCEMENT OFFICERS ELIGIBLE for training PURSUANT TO SUBSECTION F of this section DURING THE PREVIOUS CALENDAR YEAR.
2. THE NUMBER OF law ENFORCEMENT OFFICERS TRAINED PURSUANT TO SUBSECTION F of this section DURING THE PREVIOUS CALENDAR YEAR.
H. EXCEPT AS PROVIDED BY FEDERAL LAW, an OFFICIAL OR AGENCy OF THIS STATE or a county, city, town or OTHER POLITICAL SUBDIVISION OF THIS STATE MAY NOT BE PROHIBITED FROM UsING AVAILABLE FEDERAL RESOURCES, INCLUDING DATABASES, EQUIPMENT, GRANT monieS, TRAINING OR PARTICIPATION IN INCENTIVE PROGRAMS FOR ANY PUBLIC SAFETY PURPOSE RELATED TO THE ENFORCEMENT OF STATE AND FEDERAL IMMIGRATION LAWS.
I. WHEN REASONABLY POSSIBLE, APPLICABLE STATE AGENCIES SHALL CONSIDER INCENTIVE PROGRAMS AND GRANT FUNDING FOR THE PURPOSE OF ASSISTING AND ENCOURAGING an official or agency OF THIS STATE or a county, city, town or OTHER POLITICAL SUBDIVISION OF THIS STATE TO ENTER INTO AGREEMENTS WITH FEDERAL ENTITIES AND TO UsE FEDERAL RESOURCES CONSISTENT WITH THIS SECTION.
J. THIS SECTION OR ANY MEMORANDUM OF AGREEMENT AUTHORIZED BY THIS SECTION does not PREVENT ANY LAW ENFORCEMENT AGENCY, COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE FROM ENFORCING IMMIGRATION LAWS AS AUTHORIZED PURSUANT TO FEDERAL LAWS AND THE LAWS OF THIS STATE.
K. For the purposes of this section:
1. "law enforcement agency" means:
(a) A county sheriff's office.
(b) THE State department of corrections.
2. "law enforcement officer" means an officer in the employment of a law enforcement agency.
11-1053. Immigration detainer requests; duties; responsibilities; definition
A. A LAW ENFORCEMENT AGENCY THAT HAS CUSTODY OF A PERSON SUBJECT TO AN IMMIGRATION DETAINER REQUEST ISSUED BY the UNITED STATEs immigration and customs ENFORCEMENT SHALL do all of the following:
1. PROVIDE notice TO THE JUDGE AUTHORIZED TO GRANT OR DENY THE PERSON'S RELEASE ON BAIL UNDER TITLE 13, CHAPTER 38, ARTICLE 12 THAT THE PERSON IS SUBJECT TO AN IMMIGRATION DETAINER.
2. RECORD IN THE PERSON'S CASE FILE THAT THE PERSON IS SUBJECT TO AN IMMIGRATION DETAINER.
3. On DETERMINING THAT THE IMMIGRATION DETAINER meets the requirements of SUBSECTIOns b and c of this section, COMPLY WITH, HONOR AND FULFILL ANY REQUEST MADE IN THE immigration DETAINER REQUEST PROVIDED BY the United States immigration and customs enforcement.
4. INFORM THE PERSON THAT THE PERSON IS BEING HELD PURSUANT TO AN IMMIGRATION DETAINER REQUEST ISSUED BY UNITED STATES immigration and customs ENFORCEMENT.
B. The immigration detainer request issued pursuant to subsection a of this section shall Be a FACIALLY SUFFICIENT WRITTEN OR ELECTRONIC REQUEST ISSUED BY the united states immigration and customs enforcement USING THAT AGENCY'S OFFICIAL FORM TO REQUEST THAT ANOTHER LAW ENFORCEMENT AGENCY DETAIN A PERSON BASED ON PROBABLE CAUSE TO BELIEVE THAT THE PERSON TO BE DETAINED IS A REMOVABLE ALIEN UNDER FEDERAL IMMIGRATION LAWs, INCLUDING immigration DETAINERS ISSUED PURSUANT TO 8 United States Code SECTIONS 1226 AND 1357 ALONG WITH A WARRANT described in subsection c, paragraph 2 of this section.
C. AN IMMIGRATION DETAINER request issued pursuant to subsection a of this section IS DEEMED FACIALLY SUFFICIENT IF either of the following applies:
1. THE United States immigration and customs enforcement OFFICIAL FORM IS COMPLETE AND INDICATES ON ITS FACE THAT THE FEDERAL IMMIGRATION OFFICIAL HAS PROBABLE CAUSE TO BELIEVE THAT THE PERSON TO BE DETAINED IS A REMOVABLE ALIEN UNDER FEDERAL IMMIGRATION LAW.
2. THE United States immigration and customs enforcement OFFICIAL FORM IS INCOMPLETE AND FAILS TO INDICATE ON ITS FACE THAT THE FEDERAL IMMIGRATION OFFICIAL HAS PROBABLE CAUSE TO BELIEVE THAT THE PERSON TO BE DETAINED IS A REMOVABLE ALIEN UNDER FEDERAL IMMIGRATION LAW, BUT IS SUPPORTED BY AN AFFIDAVIT, ORDER OR OTHER OFFICIAL DOCUMENTATION THAT INDICATES THAT THE United States immigration and customs enforcement HAS PROBABLE CAUSE TO BELIEVE THAT THE PERSON TO BE DETAINED IS A REMOVABLE ALIEN UNDER FEDERAL IMMIGRATION LAW and United States immigration and customs enforcement supplies WITH the DETENTION REQUEST A United States department of homeland security FORM I-200 WARRANT FOR ARREST OF ALIEN OR A United States immigration and customs enforcement FORM I-205 WARRANT OF REMOVAL/DEPORTATION, OR A SUCCESSOR WARRANT, OR OTHER WARRANT AUTHORIZED BY FEDERAL LAW.
D. A LAW ENFORCEMENT AGENCY IS NOT REQUIRED TO PERFORM A DUTY IMPOSED BY SUBSECTION A of this section WITH RESPECT TO A PERSON WHO HAS PROVIDED PROOF THAT THE PERSON IS A CITIZEN OF THE UNITED STATES OR THAT THE PERSON HAS LAWFUL IMMIGRATION STATUS IN THE UNITED STATES. Proof that the person is a citizen of the united states includes a DRIVER LICENSE issued by this state OR a SIMILAR GOVERNMENT-ISSUED IDENTIFICATION.
E. A LAW ENFORCEMENT AGENCY IS NOT REQUIRED TO PERFORM a DUTY IMPOSED BY SUBSECTION a, paragraph 1, 2 or 4 of this section WITH RESPECT TO A PERSON WHO IS TRANSFERRED TO THE CUSTODY OF THE AGENCY BY ANOTHER LAW ENFORCEMENT AGENCY IF THE TRANSFERRING AGENCY PERFORMED the DUTy imposed by subsection a, paragraph 1, 2 or 4 BEFORE THE TRANSFER of the person.
F. A JUDGE WHO RECEIVES NOTICE THAT A PERSON IS SUBJECT TO AN IMMIGRATION DETAINER SHALL CAUSE THE FACT TO BE RECORDED IN THE COURT RECORD WHETHER or not THE NOTICE IS RECEIVED BEFORE OR AFTER A JUDGMENT is entered IN THE CASE.
G. FOR PURPOSES OF THIS SECTION, "Law enforcement agency" has the same meaning prescribed in section 11-1052.
11-1054. Correctional facilities; agreements; reimbursement of costs; definition
A. The director of EACH CORRECTIONAL FACILITY SHALL ENTER INTO AN AGREEMENT OR AGREEMENTS WITH the United States immigration and customs enforcement FOR TEMPORARy HOUSING of PERSONS WHO ARE THE SUBJECT of IMMIGRATION DETAINERS AND FOR THE PAYMENT of THE COSTS OF HOUSING AND DETAINING PERSONS who are subject to immigration detainers. Subject to available monies, the director of a correctional facility shall house persons who are the subject of immigration detainers.
B. The agreement required pursuant to subsection a of this section MAY INCLUDE any of the following:
1. ANY CONTRACT BETWEEN the director of A CORRECTIONAL FACILITY AND the United States immigration and customs enforcement FOR HOUSING OR DETAINING PERSONS SUBJECT TO IMMIGRATION DETAINERs, including BASIC ORDERING AGREEMENTS IN EFFECT ON OR AFTER JANUARY 20, 2025.
2. AGREEMENTS AUTHORIZED BY 8 UNITED STATES Code SECTION 1357 OR SUCCESSOR AGREEMENTS.
3. Any OTHER SIMILAR AGREEMENTS AUTHORIZED BY FEDERAL LAW.
C. Lawful transportation or movement incidental to correctional facility confinement pursuant to SUBSECTION D, paragraphs 1, 2 and 3 of this section is within the control of a correctional facility.
D. For the purposes of this section, "correctional facility" means any place used by a law enforcement agency as defined in section 11-1052 for the confinement or control of a person for one of the following reasons:
1. The person is Charged with or convicted of an OFFENSE.
2. The person is being Held for extradition.
3. Pursuant to an order of court for law enforcement purposes.
11-1055. Enforcement; definitions
A. THE ATTORNEY GENERAL MAY BRING AN ACTION TO ENFORCE SECTIONs 11-1052, 11-1053 and 11-1054 FOR APPROPRIATE INJUNCTIVE RELIEF TO BRING A LAW ENFORCEMENT AGENCY OR the director of a CORRECTIONAL FACILITY INTO COMPLIANCE. THE ACTION MAY BE BROUGHT IN THE SUPERIOR COURT OF THE COUNTY IN WHICH THE DEFENDANT IS LOCATED.
B. A TAXPAYER OF THIS STATE MAY REQUEST, IN WRITING, that THE ATTORNEY GENERAL INSTITUTE AN ACTION PURSUANT TO SUBSECTION A of this section. A REQUEST MAY BE MADE ONLY BY A TAXPAYER OF THE COUNTY OF THE LAW ENFORCEMENT AGENCY OR CORRECTIONAL FACILITY THAT IS THE SUBJECT OF THE REQUEST. IF THE ATTORNEY GENERAL FAILS TO INSTITUTE AN ACTION AS PROVIDED IN SUBSECTION A of this section SIXTY DAYS AFTER THE REQUEST is MADE BY THE TAXPAYER IN WRITING, THE TAXPAYER WHO MADE THE REQUEST MAY INSTITUTE THE ACTION IN THE TAXPAYER'S OWN NAME AND AT THE TAXPAYER'S OWN expense WITH THE SAME EFFECT AS IF BROUGHT BY THE ATTORNEY GENERAL.
C. The court may award REASONABLE costs INCURRED IN OBTAINING RELIEF UNDER SUBSECTION A or B of this section to the ATTORNEY GENERAL OR TAXPAYER BRINGING THE ACTION, INCLUDING COURT COSTS, REASONABLE ATTORNEY FEES, INVESTIGATIVE COSTS, WITNESS FEES AND DEPOSITION COSTS.
D. For the purposes of this section:
1. "Correctional facility" has the same meaning prescribed in section 11-1054.
2. "Law enforcement agency" has the same meaning prescribed in section 11-1052.
Sec. 2. Appropriations; state treasurer; state department of corrections; enforcement of federal immigration and detention laws; exemption
A. The sum of $____________ is appropriated from the state general fund in fiscal year 2025-2026 to the state treasurer to distribute to county sheriffs' offices for the purposes of administering this act.
B. The sum of $____________ is appropriated from the state general fund in fiscal year 2025-2026 to the state department of corrections for the purposes of administering this act.
C. The appropriation made in subsections A and B of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.
Sec. 3. Legislative findings
The legislature finds:
1. That enforcement of our nation's immigration laws is critically important to the safety and security of Arizona and the United States.
2. That illegal immigration to America has surged since 2021. During the past four years, the United States customs and border protection recorded more than eight million five hundred thousand encounters at the southwest border of the United States. Border Crisis Startling Stats: The Biden-Harris Border Crisis Continues as Nationwide Encounters Reach Over 11 Million Since FY2021, U.S. House Committee on Homeland Security (Jan. 3, 2025). "Shockingly, this number does not include the reported 2.2 million known gotaways who have evaded Border Patrol between ports of entry since FY2021."
https://homeland.house.gov/wp-content/uploads/2025/01/November-24-SS.pdf.
3. That the safety and security of Arizona families is threatened by the illegal immigration that has occurred since 2021. In just four years, the border patrol arrested more than fifty-seven thousand aliens with criminal convictions or outstanding warrants. Border Crisis Startling Stats: The Biden-Harris Border Crisis Continues as Nationwide Encounters Reach Over 11 Million Since FY2021, U.S. House Committee on Homeland Security (Jan. 3, 2025).
https://homeland.house.gov/wp-content/uploads/2025/01/November-24-SS.pdf.
Other aliens who have entered the country include:
(a) Suspected ISIS terrorists. Stepheny Price et al., Authorities nab 8 suspected terrorists with ties to ISIS in multi-city sting operation, Fox News, (June 11, 2024). https://www.foxnews.com/us/authorities-nab-8-suspected-terrorists-ties isis-multi-city-sting-operation.
(b) Murderers. Jennie Taer, Migrant charged with Laken Riley's murder easily entered US despite links to bloodthirsty gang, bombshell Post probe reveals, New York Post (Mar. 8, 2024). https://nypost.com/2024/03/08/us-news/migrant-charged-with-murdering-laken-rileys-easy-path-to-us/.
(c) Dangerous gang members. Julia Ainsley, DHS is seeking more than 600 migrants for possible ties to Venezuelan gang, NBC News, (Oct. 23, 2024). https://www.nbcnews.com/news/dhs-identified-600-migrants-possible-ties-venezuelan-gang-rcna176020.
(d) Individuals on the terrorist watchlist. Border Crisis Startling Stats: CBP Records More Than 140,000 Encounters Nationwide to Start FY2025, U.S. House Committee on Homeland Security (Nov. 20, 2024). https://homeland.house.gov/wp-content/uploads/2024/11/October-FY25-Startling-Stats.pdf.
4. That Arizona taxpayers also are affected by illegal immigration. A recent report estimated that the four hundred fifty-three thousand aliens who are unlawfully present in Arizona in 2023 cost Arizona taxpayers $3,190,000.000 that year. The Fiscal Burden of Illegal Immigration on United States Taxpayers 2023, Federation for American Immigration Reform, (Mar. 8, 2023). https://www.fairus.org/sites/default/files/2023-03/arizona2023_0.pdf.
5. That it is an important state interest to cooperate and assist the federal government in the enforcement of federal immigration laws within this state.
6. That it is the intent of the legislature to require Arizona law enforcement officials to work in conjunction with federal immigration authorities and to use all resources made available by the federal government to assist state and local law enforcement officers in the enforcement of the laws of this state and of the immigration laws of the United States.
7. That because the matters contained in this act have important statewide ramifications for compliance with and enforcement of federal immigration laws and for the welfare of all citizens in this state, these matters are of statewide concern.
8. That allowing aliens who are unlawfully present in the United States to reside within Arizona undermines federal immigration laws and state laws allocating available resources.
9. That all appropriate state officials and law enforcement agencies are to vigorously pursue all federal moneys to which the state may be entitled for the reimbursement of moneys spent to comply with federal immigration laws.
Sec. 4. Retroactivity
This act applies retroactively to from and after December 31, 2024.
Sec. 5. Severability
If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
Sec. 6. Short title
This act may be cited as the "Arizona Immigration, Cooperation and Enforcement Act or the Arizona ICE Act".
