REVISED
ARIZONA STATE SENATE
RESEARCH STAFF
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ANNA NGUYEN |
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LEGISLATIVE RESEARCH ANALYST GOVERNMENT COMMITTEE Telephone: (602) 926-3171 |
TO: MEMBERS OF THE SENATE
GOVERNMENT COMMITTEE
DATE: February 18, 2025
SUBJECT: Strike everything amendment to S.B.1088, relating to government
Purpose
Requires a city or town, county, state agency and the state (public entity) or an independent contractor of a public entity to comply with all federal laws, rules, regulations or orders that relate to immigration and deportation and cooperate with outlined federal immigration authorities. Outlines penalties for a public entity or independent contractor that violates prescribed federal immigration and deportation compliance requirements.
Background
Federal, state and local government entities and officials may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the U.S. Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or unlawful, of any individual. The Immigration and Nationality Act of 1996 prescribes the powers of immigration officers and employees, including a federal immigration program, commonly referred to as the 287(g) Program, that allows the U.S. Attorney General to enter into agreements with state and local law enforcement agencies. Agreements made under the 287(g) Program authorize qualified state and local law enforcement officers to act as a federal immigration officer and enforce federal immigration laws, including the investigation, apprehension and detention of aliens in the United States (8 U.S.C. §§ 1357 and 1373).
State officials or agencies and counties, cities, towns and other political subdivisions of the state may not be prohibited or restricted in any way from sending, receiving or maintaining information relating to the immigration status, lawful or unlawful, of any individual or exchanging the information with any other federal, state or local governmental entity to: 1) determine eligibility for a public benefit, service or license provided by any federal, state or local municipality; 2) verify any claim of residence or domicile if the determination is required under state laws or a judicial order issued pursuant to a civil or criminal proceeding; 3) if the person is an alien, determining whether the person is in compliance with the federal registration laws prescribed by the federal Immigration and Nationality Act; and 4) comply with federal law (A.R.S. § 11-1051).
There is no anticipated fiscal impact to the state General Fund (state GF) associated with this legislation.
Provisions
2. Requires a public entity and its independent contractors to cooperate with the U.S. Department of Homeland Security, U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement for the purposes of federal immigration and deportation compliance.
3. Requires a contract between a public entity and an independent contractor to contain a provision that voids the contract if the contractor violates the prescribed immigration and deportation compliance requirements.
4. Requires the Attorney General to investigate a city, town or county on the request of a member of the Legislature for an alleged violation of the federal immigration and deportation compliance requirements.
5. Requires a state agency that violates the federal immigration and deportation compliance requirements to deposit 10 percent of the agency's funding for that fiscal year into the state GF within 30 days of the violation.
6. Allows a person to bring a private right of action against a public entity to enforce the immigration and deportation compliance requirements.
7. Defines a state agency, for the purposes of the immigration and deportation compliance, as any department, office, agency, commission, board or other instrumentality of this state that receives, spends or disburses state monies or incurs obligations against the state.
8. Repeals the immigration and deportation compliance requirements on January 1, 2029.
9. Becomes effective on the general effective date.
Revisions
· Corrects the delayed repeal date.