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ARIZONA STATE SENATE
Fifty-Fourth Legislature, Second Regular Session
AMENDED
restrictions prohibited; immigration laws; enforcement
Purpose
Subject to voter approval, constitutionally prohibits the state, a county, city, town or political subdivision from declaring itself a sanctuary jurisdiction.
Background
Statute prohibits an official or agency of the state, or a county, city, town or other political subdivision to limit or restrict the enforcement of federal immigration laws to less than the full extent permitted by federal law (A.R.S. § 11-1051(A)). In addition, there are various state-related immigration laws in Arizona. These laws range from prohibiting employers from knowingly employing unauthorized aliens to verifying immigration status in the administration of public benefits (A.R.S. §§ 23-212 and 46-140.01).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits the state, a county, city, town or political subdivision from declaring itself a sanctuary jurisdiction that, through statute, regulation, ordinance, resolution, policy, rule or procedure, prohibits or restricts law enforcement from:
a) sharing, accepting, preserving, coordinating or collaborating with any federal, state or local government entity in order to determine the immigration status of any individual unless it is determined that the action may impede a law enforcement investigation; or
b) complying with a lawful notice, request or order by the U.S. Department of Homeland Security pursuant to the Immigration and Nationality Act.
2. Allows a law enforcement entity to share information with victims of crime regarding federal programs that provide immigration assistance to victims of crime.
3. Contains a legislative intent section.
4. Requires the Secretary of State to submit the proposition to the voters at the next general election.
5. Becomes effective if approved by the voters and on proclamation of the Governor.
Amendments Adopted by Committee
1. Adds the state and political subdivisions as entities that are covered by the constitutional amendment.
2. Specifies that the state, a county, city, town or political subdivision cannot declare itself a sanctuary jurisdiction that prohibits or restricts law enforcement from:
a) taking specified actions with any federal, state or local government entity in order to determine the immigration status of an individual; or
b) complying with a lawful notice, request or order by the U.S. Department of Homeland Security, as specified.
3. Adds a legislative intent section.
Senate Action
JUD 2/13/20 DPA 4-3-0
Prepared by Senate Research
February 14, 2020
JA/kja