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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
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SB 1164: immigration laws; local enforcement
Sponsor: Senator Petersen, LD 14
Committee on Government
Overview
Authorizes state and local officials to cooperate with federal immigration authorities, mandates enforcement of immigration detainers and enables the Attorney General to investigate and enforce compliance with immigration related policies.
History
The United States Attorney General can enter into a written agreement with a state or its political subdivisions to allow qualified officers or individuals of the State to carry out functions of an immigration officer relating to investigation, apprehension or detention of aliens at the expense of the state and to the extent consistent with state and local laws. State officers and employees are subject to the direction and supervision of the U.S. Attorney General and may use federal properties and facilities as outlined by the agreement. State officers and employees working based on the agreement are considered to be acting under the color of federal authority for purposes of determining liability and immunity for civil actions (8 U.S.C. § 1357).
Provisions
Memorandums of Agreement
1. Authorizes officials or agencies of this state and any political subdivisions of this state to enter into memorandums of agreement (MOAs) with any federal agency for the purpose of enforcing federal immigration laws. (Sec. 1)
2. Restricts officials, state agencies and any other political subdivisions of this state from adopting or enforcing any policy or practice that prohibits cooperation with federal immigration authorities. (Sec. 1)
3. States an official or agency of this state or its political subdivisions cannot be prohibited from using available federal resources, except as provided by federal law, for any public safety purpose relating to the enforcement of state and federal immigration laws. (Sec. 1)
4. Instructs applicable state agencies to consider incentive programs and grants to encourage agreements with federal entities and use federal resources as outlined in this measure. (Sec. 1)
5. Clarifies that this measure and any MOA authorized by this measure do not prevent any law enforcement agency or other political subdivision of this state from enforcing any immigration laws as authorized by federal and state law. (Sec. 1)
Attorney General Investigations
6. Directs the Attorney General to investigate, upon a written request from a Legislator, any municipality, county, agency or public entity suspected of adopting an ordinance or practice that restricts cooperation with federal immigration authorities. (Sec. 1)
7. Prescribes additional powers for the Attorney General and allows the Attorney General to file an action in superior court to enforce compliance with any investigative request or demand. (Sec. 1)
8. States actions filed by the attorney general to enforce compliance with investigative requests or demands must be given precedence over all other cases. (Sec. 1)
9. Instructs the Attorney General to make a written report of findings and conclusions within 30 days after the request is made by a Member of the Legislature, excluding time in which an action to enforce an investigation is pending. (Sec. 1)
Immigration Detainers
10. Instructs a law enforcement agency that has custody of a person subject to a immigration detainer request issued by the United States Immigration and Customs Enforcement (US ICE) to:
a) notify the appropriate Judge that the person is subject to an immigration detainer;
b) record in the person's case file that they are subject to an immigration detainer;
c) comply with any request made in the immigration detainer; and
d) inform the person that they are being held due to an immigration detainer request. (Sec. 1)
11. Requires an immigration detainer request to be a facially sufficient written or electronic request issued by the US ICE using the agency's official form to request another law enforcement agency detain a person based on probable cause that the person is a removable alien under federal law along with a warrant. (Sec. 1)
12. Specifies that an immigration detainer request is deemed facially sufficient if:
a) the US ICE form is complete and indicates on its face that the federal immigration official has probable cause to believe that the person is a removable alien; or
b) the US ICE form is incomplete but is supported by an affidavit, order or other official documentation that indicates US ICE has probable cause to believe the person is a removable alien and supplies a US DHS I-200 warrant for arrest of alien or US ICE I-205 warrant of removal or deportation or other warrant authorized by federal law. (Sec. 1)
13. States a law enforcement agency is not required to detain a person as prescribed by this measure if the person provides proof of United States citizenship or that the person has lawful immigration status in the United States. (Sec. 1)
14. Clarifies that proof of citizenship includes a driver license issued by this state or similar government issued identification. (Sec. 1)
15. Clarifies that a law enforcement agency that is transferred the custody of a person is not required to perform the immigration detainer related duties imposed by this measure if such duty was performed by the transferring agency. (Sec. 1)
16. Requires a judge who receives notice that a person is subject to an immigration detainer must record this fact in the court record regardless of whether the notice is received after a judgement is entered in the case. (Sec. 1)
Correctional Facilities
17. Instructs the director of all correctional facilities under the control of the state Department of Corrections or a county sheriff's office to enter into agreements with the US ICE to provide temporary housing to persons subject to immigration detainers and for the payment of the costs of housing and detaining. (Sec. 1)
18. Requires the director of a correctional facility to house persons who are subject to immigration detainers, subject to available monies. (Sec. 1)
19. Outlines the components an agreement between a state correctional facility or county jail may include, such as basic ordering agreements and agreements authorized under the United States Code. (Sec. 1)
Civil Enforcement
20. Authorizes the Attorney General to bring an action to enforce the provisions of this measure for appropriate injunctive relief to bring a law enforcement agency or correctional facility into compliance. (Sec. 1)
21. Specifies a civil action to enforce the provisions of this measure may be brought in the superior court of the county in which the defendant is located. (Sec. 1)
22. Allows a taxpayer of this state to request in writing that the Attorney general initiate an action to enforce the provisions of this measure. (Sec. 1)
23. Clarifies that a taxpayer's request can only be made by a taxpayer of the county the law enforcement agency or correctional facility is located within. (Sec. 1)
24. Allows a taxpayer to initiate their own action and at their own expense, with the same effect as if brought by the Attorney General, if the Attorney General fails to initiate an action within 60 days after the taxpayer request is made. (Sec. 1)
25. Authorizes the court to award reasonable costs incurred in obtaining relief to the Attorney General or a taxpayer brining an action, including court costs, reasonable attorney fees, investigative costs, witness fees and deposition costs. (Sec. 1)
Miscellaneous
26. Defines correctional facility, law enforcement agency and law enforcement officer. (Sec. 1)
27. Contains Legislative findings. (Sec. 2)
28. Contains a retroactivity clause that begins on January 1, 2025. (Sec. 3)
29. Contains a severability clause. (Sec. 4)
30. Entitles this act as the Arizona Immigration, Cooperation and Enforcement Act (Arizona ICE Act). (Sec. 5)
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34. SB 1164
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