Bill Text: AZ SB1233 | 2021 | Fifty-fifth Legislature 1st Regular | Introduced


Bill Title: Immigration enforcement; limits; state policy

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2021-01-21 - Senate read second time [SB1233 Detail]

Download: Arizona-2021-SB1233-Introduced.html

 

 

 

REFERENCE TITLE: immigration enforcement; limits; state policy

 

 

 

 

State of Arizona

Senate

Fifty-fifth Legislature

First Regular Session

2021

 

 

 

SB 1233

 

Introduced by

Senators Quezada: Alston, Mendez; Representative Cano

 

 

AN ACT

 

Amending title 41, chapter 1, article 5, Arizona Revised Statutes, by adding section 41‑200; amending title 41, chapter 10, article 1, Arizona Revised Statutes, by adding section 41‑1513; amending title 41, Arizona Revised Statutes, by adding chapter 56; relating to immigration.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 41, chapter 1, article 5, Arizona Revised Statutes, is amended by adding section 41-200, to read:

START_STATUTE41-200.  Immigration enforcement; model policy

A.  The attorney general, in consultation with appropriate stakeholders, shall publish a model policy within twelve months after the effective date of this section for limiting immigration enforcement to the fullest extent possible consistent with federal and state law at public schools, health facilities that are operated by this state or a political subdivision of this state, courthouses and shelters to ensure these facilities remain safe and accessible to all residents of this state, regardless of immigration or citizenship status.  All public schools, health facilities that are operated by this state or a political subdivision of this state and courthouses shall:

1.  Adopt necessary changes to policies that are consistent with the model policy.

2.  Notify the attorney general when the public school, health facility or courthouse is not adopting the changes to its policies that are consistent with the model policy, state the reasons that the public school, health facility or courthouse is not adopting the changes and provide the attorney general with a copy of the public school's, health facility's or courthouse's policies.

B.  All other organizations and entities that provide services related to physical or mental health and wellness, education or access to justice are encouraged to adopt the model policy.

C.  Implementation of any policy under this section must be in accordance with state and federal law, policies, grants, waivers or other requirements that are necessary to maintain funding or other agreements that are related to the operation and functions of the organization, including databases within the organization. END_STATUTE

Sec. 2.  Title 41, chapter 10, article 1, Arizona Revised Statutes, is amended by adding section 41-1513, to read:

START_STATUTE41-1513.  Keep Arizona working statewide work group; membership; duties; reports; work group termination

A.  The keep Arizona working statewide work group is established within the authority consisting of eleven members who are appointed by the governor and who represent geographically diverse immigrant advocacy groups, professional associations that represent business, labor organizations with a statewide presence, agriculture and immigrant legal interest groups, faith‑based community nonprofit organizations, legal advocacy groups that focus on immigration and criminal justice, academic institutions and law enforcement. The term of the appointed members is three years.  The terms of the members must be staggered.  Members of the work group shall select a chairperson from among the membership. The work group shall meet at least four times a year and hold meetings in various locations throughout this state.

B.  The work group shall:

1.  Develop strategies with private sector businesses, labor and immigrant advocacy organizations to support current and future industries across this state.

2.  Conduct research on methods to strengthen career pathways for immigrants and create and enhance partnerships with projected growth industries.

3.  Support business and agriculture leadership, civic groups, government and immigrant advocacy organizations in a statewide effort to provide predictability and stability to the workforce in the agriculture industry.

4.  Recommend approaches to improve this state's ability to attract and retain immigrant business owners that provide new business and trade opportunities.

C.  The work group shall submit to the authority a report on the work group's activities after each meeting. On or before December 1 of each year, the authority shall submit a report on the work group's activities and findings to the governor, the president of the senate and the speaker of the house of representatives and provide a copy of this report to the secretary of state.

D.  The work group established by this section ends on July 1, 2029 pursuant to section 41-3103.END_STATUTE

Sec. 3.  Title 41, Arizona Revised Statutes, is amended by adding chapter 56, to read:

CHAPTER 56

IMMIGRANTS ‑ STATEWIDE POLICY

ARTICLE 1.  GENERAL PROVISIONS

START_STATUTE41-5701.  Definitions

In this chapter, unless the context otherwise requires:

1.  "Civil immigration warrant" means any warrant for a violation of federal civil immigration law that is issued by a federal immigration authority.

2.  "Federal immigration authority" means any officer, employee or person who is otherwise paid by or acting as an agent of the United States department of homeland security.

3.  "Hold request" or "immigration detainer request" means a request from a federal immigration authority, without a court order, to a state or local law enforcement agency to maintain custody of a person currently in its custody beyond the time the person would otherwise be eligible for release in order to facilitate transfer to a federal immigration authority.

4.  "Immigration detention agreement" means any contract, agreement, intergovernmental service agreement or memorandum of understanding that allows a state or local law enforcement agency to house or detain persons for federal civil immigration violations.

5.  "Notification request" means a request from a federal immigration authority to a state or local law enforcement agency to inform the federal immigration authority of the release date and time in advance of the release of a person in its custody.

6.  "State agency" has the same meaning prescribed in section 41‑3101. END_STATUTE

START_STATUTE41-5702.  Immigrants; statewide policy

A.  A state agency, including law enforcement, may not use agency monies, facilities, property, equipment or personnel to investigate,  enforce, cooperate with or assist in the investigation or  enforcement of any federal registration or surveillance program or any other laws, rules or policies that target residents of this state solely on the basis of race, religion, immigration or citizenship status or national or ethnic origin. This subsection does not apply to any program with the primary purpose of providing persons with services or benefits.

B.  The state agencies that are listed in subsections E and F of this section shall review their policies and identify and make any changes necessary to ensure that:

1.  Information that is collected from persons is limited to the minimum necessary to comply with subsection C of this section.

2.  Information that is collected from persons is not disclosed except as necessary to comply with subsection C of this section or as allowed by state or federal law.

3.  Notwithstanding any other law, state agency employees may not condition services or request information or proof regarding a person's immigration or citizenship status or place of birth.

4.  Public services that are available to, and state agency employees shall serve, all residents of this state without regard to immigration or citizenship status.

C.  Subsections A and B of this section do not prohibit collecting, using or disclosing information that is any of the following:

1.  Required to comply with state or federal law.

2.  In response to a lawfully issued court order.

3.  Necessary to perform agency duties, functions or other business, as allowed by statute or rule, conducted by the state agency that is not related to immigration enforcement.

4.  Required to comply with policies, grants, waivers or other requirements necessary to maintain funding.

5.  In the form of deidentified or aggregated data, including census data.

D.  Any changes to state agency policies required by this section must be made as expeditiously as possible, consistent with agency procedures.

E.  The following state agencies shall begin implementing this section within twelve months after the effective date of this section and demonstrating full compliance on or before December 1, 2022:

1.  Arizona commerce authority.

2.  Department of economic security.

3.  Department of revenue.

4.  Department of health services.

5.  Department of child safety.

6.  The superintendent of public instruction.

7.  Department of public safety.

F.  The following state agencies may begin implementation of this section on or before December 1, 2022 and shall demonstrate full compliance on or before December 1, 2024:

1.  Arizona department of agriculture.

2.  Department of insurance and financial institutions.

3.  Arizona game and fish department.

4.  Arizona state retirement system.

5.  Department of transportation. END_STATUTE

START_STATUTE41-5703.  Immigration or citizenship status inquiry or disclosure; immigration detention; limits

A.  A school resource officer, when acting in the official capacity as a school resource officer, may not do any of the following:

1.  Inquire into or collect information about a person's immigration or citizenship status or place of birth.

2.  Provide information pursuant to a notification request from a federal immigration authority for the purposes of civil immigration enforcement, except as required by law.

B.  State and local law enforcement agencies may not do any of the following:

1.  Inquire into or collect information about a person's immigration or citizenship status or place of birth unless there is a connection between the information and an investigation into a violation of state or local criminal law.

2.  Provide information pursuant to a notification request from a federal immigration authority for the purposes of civil immigration enforcement, except as required by law.

C.  State and local law enforcement agencies may not provide nonpublicly available personal information about a person to a federal immigration authority in a noncriminal matter, except as required by state or federal law.

D.  State and local law enforcement agencies may not give a federal immigration authority access to interview a person about a noncriminal matter while the person is in custody, except as required by state or federal law, a court order or subsection E of this section.

E.  Permission may be granted to a federal immigration authority to conduct an interview regarding a federal immigration violation with a person who is in the custody of a state or local law enforcement agency if the person consents in writing to be interviewed. In order to obtain consent, agency staff shall provide the person with an oral explanation and a written consent form that explains the purpose of the interview, that the interview is voluntary and that the person may decline to be interviewed or may choose to be interviewed only with the person's attorney present. The form must state explicitly that the person will not be punished or suffer retaliation for declining to be interviewed. The form must be available at least in English and Spanish and explained orally to a person who is unable to read the form, using, when necessary, an interpreter.

F.  A person may not be detained solely for the purpose of determining the person's immigration status.

G.  A person must not be taken into custody or held in custody, solely for the purposes of determining the person's immigration status or based solely on a civil immigration warrant or an immigration hold request.

H.  To ensure compliance with all treaty obligations, including consular notification, and state and federal laws, on the commitment or detainment of any person, state and local law enforcement agencies shall explain in writing:

1.  The person's right to refuse to disclose the person's nationality, immigration or citizenship status.

2.  That disclosing the person's nationality or immigration or citizenship status may result in civil or criminal immigration enforcement, including removal from the United States.

I.  Compliance under subsection H of this section does not equate to a violation of subsection B of this section.

J.  A state agency, local government or state or local law enforcement agency may not deny services, benefits, privileges or opportunities to a person in custody or on probation status, on the basis of the presence of an immigration detainer request, hold request, notification request or civil immigration warrant, except as required by law or as necessary for classification or placement purposes for a person in the physical custody of the state department of corrections.

K.  A state or local law enforcement officer may not enter into any contract, agreement or arrangement, whether written or oral, that would grant federal civil immigration enforcement authority or powers to state and local law enforcement officers, including agreements that are created under 8 United States Code section 1357(g).

L.  A state agency, local government or state or local law enforcement officer may not enter into an immigration detention agreement. All immigration detention agreements must be terminated not later than one hundred eighty days after the effective date of this section, except as provided in subsection M of this section.

M.  Any immigration detention agreement in effect before January 1, 2022 may remain in effect until the date of completion or December 31, 2024, whichever is earlier.

N.  A state or local law enforcement agency or school resource officer may not enter into or renew a contract for language services from a federal immigration authority or accept any language services from a federal immigration authority for free or otherwise.

O.  The state department of corrections may not give a federal immigration authority access to interview a person about a federal immigration violation while the person is in custody, except as required by state or federal law or by a court order, unless the person consents to be interviewed in writing. Before agreeing to be interviewed, a person must be advised that the person will not be punished or suffer retaliation for declining to be interviewed.

P.  Subsections A, B, C and D of this section do not apply to a person who is in the physical custody of the state department of corrections.

Q.  This section does not prohibit collecting, using or disclosing information that is:

1.  Required to comply with state or federal law.

2.  In response to a lawfully issued court order. END_STATUTE

START_STATUTE41-5704.  Attorney general; model policy; law enforcement

To ensure state and law enforcement agencies are able to foster the community trust necessary to maintain public safety, within twelve months after the effective date of this section, the attorney general, in consultation with appropriate stakeholders, shall develop a model policy, guidance and training recommendations that are consistent with this chapter and state and local law and that are aimed to ensure that state and local law enforcement duties are carried out in a manner that limits, to the fullest extent practicable and consistent with federal and state law, engagement with federal immigration authorities for the purpose of immigration enforcement. All state and local law enforcement agencies shall either:

1.  Adopt policies that are consistent with the attorney general's guidance.

2.  Notify the attorney general that the agency is not adopting the guidance and model policies, state the reasons that the agency is not adopting the model policies and guidance and provide the attorney general with a copy of the agency's policies to ensure compliance with this chapter. END_STATUTE

Sec. 4.  Applicability

This act is not intended to limit or prohibit any state or local agency or officer from:

1.  Sending to, or receiving from, a federal immigration authority the immigration or citizenship status of a person or maintaining such information or exchanging the citizenship or immigration status of a person with any other federal, state or local government agency, in accordance with 8 United States Code section 1373.

2.  Complying with any other state or federal law.

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.  Emergency

This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.

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