ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

Senate: MABS DP 4-2-1-0 | 3rd Read 17-10-3-0

House: PSLE DP 8-6-0-1

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

SB 1610: county detention facilities; arrestees; information

Sponsor: Senator Kavanagh, LD 3

House Engrossed

Overview

Outlines information and requirements a county detention facility must follow on request of the United States (U.S.) Immigration and Customs Enforcement (ICE).

History

Laws relating to the enforcement of immigration must be implemented in a manner consistent with federal laws regulating immigration, protecting the civil rights of all persons and respecting the privileges and immunities of U.S. citizens. If an alien who is unlawfully present in the U.S. is convicted of a violation of state or local law, U.S. ICE or the U.S. Customs and Border Protection must be immediately notified (A.R.S. § 11-1051).

Arizona county, city and town (municipality) and other political subdivision officials and agencies may not be prohibited from sending, receiving or maintaining information relating to the immigration status, lawful or unlawful, of any individual or exchanging that information with any federal, state or local government entity for the following official purposes: 1) determining eligibility for any public benefit, service or license provided by any federal, state, local or other political subdivision of Arizona; 2) verifying any claim of residence if it is required under Arizona laws or a judicial order issued pursuant to a civil or criminal proceeding in Arizona; 3) if the person is an alien, determining whether the person is in compliance with the federal registration laws of the Federal Immigration and Nationality Act; and 4) compliance with federal laws (A.R.S. § 11-1051).

Provisions

1.   Requires a county detention facility, on a daily basis or on request of the U.S. ICE, to transmit the name, address, date of birth, gender and social security number of a person arrested for outlined offenses. (Sec. 1)

2.   Directs a county detention facility, on request of U.S. ICE, to provide:

a)   a photograph and physical description of a person arrested for the outlined offenses; and

b)   access to the person arrested for an interview. (Sec. 1)

3.   Instructs a county detention facility to comply with and honor any requests made by U.S. ICE. (Sec. 1)

4.   Stipulates that this Act does not apply to a county detention facility where a U.S. ICE agent is stationed at or has an approved employee to conduct immigration and customs screening of detained individuals. (Sec. 1)

5.   Defines county detention facility. (Sec. 1)

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8.   ---------- DOCUMENT FOOTER ---------

9.                     SB 1610

10.  Initials MT           Page 0 House Engrossed

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