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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
immigration laws; local enforcement
Purpose
Establishes the Arizona Immigration, Cooperation and Enforcement Act (Arizona ICE Act) and prescribes requirements for the state and local enforcement of federal immigration laws.
Background
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 or detention of aliens in the United States (8 U.S.C. § 1357).
A law
enforcement agency is an agency of the United States, a state or a
political subdivision of a state, authorized by law or a government agency to
engage in or supervise the prevention, detection, investigation or prosecution
of any violation of criminal law (34 U.S.C.
§ 10534(c)(2)).
S.B. 1164 appropriates an unspecified amount from the state General Fund in FY 2026 to the Arizona Department of Corrections, Rehabilitation and Reentry (ADCRR) and county sheriff's offices for the administration of the Arizona ICE Act.
Provisions
Cooperating with Federal Immigration Authorities
1. Requires each law enforcement agency (LEA) to use its best efforts to support the enforcement of federal immigration laws.
2. Specifies that the enforcement requirement applies to an LEA official, representative, agent or employee only when the official, representative, agent or employee is acting within the scope of the person's official duties or within the scope of the person's employment.
3. Allows state officials or agencies or a county, city, town or other political subdivision of the state to enter into memorandums of agreement with the U.S. Department of Justice, the U.S. Department of Homeland Security or any other federal agency for the purpose of enforcing federal immigration laws, including the 287(g) Program or a similar federal program.
4. Requires each LEA, by January 1, 2026, to enter into a memorandum of agreement with the U.S. Immigration and Customs Enforcement (U.S. ICE) to participate in the 287(g) Program.
5. Specifies that the terms of the agreement must support the enforcement of federal immigration laws.
6. Requires an agreement to:
a) be entered into in accordance with federal law;
b) include participation by the LEA in all applicable programs that are available; and
c) allow for the enforcement of federal immigration laws to the full extent allowed under federal law.
7. Requires, when an LEA enters into a memorandum of agreement, written notice of the agreement to be submitted within 30 days after execution to the Governor, the Attorney General (AG), the Secretary of State, the Speaker of the House of Representatives and the President of the Senate.
8. Requires any renewal, modification or termination of a memorandum of agreement to be reported to the Governor, the AG, the Secretary of State, the Speaker of the House of Representatives and the President of the Senate within 30 days of the change.
9. Directs each LEA, by October 1, 2025, and continuing quarterly until the LEA enters into a memorandum of agreement as required, to notify the Governor, the AG, the Speaker of the House of Representatives and the President of the Senate of the status of the written agreement and the reasons for noncompliance.
10. Directs an LEA to ensure that at least 10 percent of the LEA's officers are trained in accordance with the terms of any memorandum of agreement entered into with the U.S. ICE.
11. Requires each LEA, by January 31 of each year, to submit a report to the Governor, the AG, the Secretary of State, the Speaker of the House of Representatives and the President of the Senate that identifies:
a) the number of law enforcement officers eligible for training during the previous calendar year; and
b) the number of law enforcement officers trained during the previous calendar year.
12. Immunizes the authority of a state official or agency or a county, city, town or other political subdivision of the state from being prohibited from using available federal resources, including databases, equipment, grant monies, training or participation in incentive programs for any public safety purpose related to the enforcement of state and federal immigration laws, except as provided by federal law.
13. Directs applicable state agencies, when reasonably possible, to consider incentive programs and grant funding for the purpose of assisting and encouraging an official or agency of Arizona or a county, city, town or other political subdivision of the state to enter into agreements with federal entities and to use federal resources.
14. Asserts that the Arizona ICE Act, or any memorandum of agreement authorized by the Act, does not prevent any LEA, county, city, town or other political subdivision in Arizona from enforcing immigration laws as authorized pursuant to federal laws and the laws of Arizona.
15. Defines an LEA as a county sheriff's office and the ADCRR.
16. Defines law enforcement officer as an officer in the employment of an LEA.
Immigration Detainer Requests
17. Requires an LEA that has custody of a person subject to an immigration detainer request issued by U.S. ICE (federal immigration detainer request) must:
a) provide notice to the judge authorized to grant or deny the person's release on bail that the person is subject to an immigration detainer;
b) record in the person's case file that the person is subject to an immigration detainer;
c) on determining that the immigration detainer is facially sufficient, comply with, honor and fulfill any request made in the immigration detainer request; and
d) inform the person that the person is being held pursuant to an immigration detainer request issued by U.S. ICE.
18. Negates the requirement to perform a duty with respect to a person who is transferred to the LEA's custody by another LEA if the transferring LEA performed the duty before the transfer of the person.
19. Requires a federal immigration detainer request to be a facially sufficient written or electronic request issued by U.S. ICE using an official form to request that another LEA detain a person based on probable cause to believe that the person to be detained is a removable alien under federal immigration laws, including federal immigration detainers and specified federal warrants.
20. Deems a federal immigration detainer request as facially sufficient if the U.S. ICE official form is complete and indicates on its face that the federal immigration official has probable cause to believe that the person to be detained is a removable alien under federal immigration law.
21. Deems a federal immigration detainer request as facially sufficient if the U.S. ICE official form is incomplete and fails to indicate on its face that the federal immigration official has probable cause to believe that the person to be detained is a removable alien under federal immigration law, but:
a) is supported by an affidavit, order or other official documentation that indicates that U.S. ICE has probable cause to believe that the person to be detained is a removable alien under federal immigration law; and
b) U.S. ICE supplies with the detention request a U.S. Department of Homeland Security form I-200 warrant for arrest of alien or a U.S. ICE form I-205 warrant of removal/deportation, or a successor warrant, or other warrant authorized by federal law.
22. Exempts an LEA from the requirements for federal immigration detainer requests with respect to a person who provides proof that the person is a U.S. citizen or that the person has lawful immigration status in the United States.
23. Includes, as proof the person is a U.S. citizen, a driver license issued by Arizona or similar government-issued identification.
24. Instructs a judge who receives notice that a person is subject to an immigration detainer to cause the fact to be recorded in the court record whether the notice is received before or after a judgment is entered in the case.
Temporary Housing
25. Requires the director of each correctional facility to enter into an agreement, or agreements, with U.S. ICE for:
a) temporary housing of persons who are the subject of immigration detainers; and
b) the payment of the costs of housing and detaining persons who are subject to immigration detainers.
26. Requires the director of a correctional facility to house persons who are the subject of immigration detainers, subject to available monies.
27. Allows an agreement to include:
a) any contract between the director of a correctional facility and U.S. ICE for housing or detaining persons subject to immigration detainers, including basic ordering agreements in effect on or after January 20, 2025;
b) agreements authorized by the 287(g) Program or successor agreements; and
c) any other similar agreements authorized by federal law.
28. Deems the lawful transportation or movement incidental to correctional facility confinement to be within the control of a correctional facility.
29. Defines a correctional facility as any place used by an LEA for the confinement or control of a person who is charged with or convicted of an offense, is being held for extradition or pursuant to an order of the court for law enforcement purposes.
Enforcement
30. Allows the AG to bring an action to enforce the requirements of the Arizona ICE Act for appropriate injunctive relief to bring an LEA or the director of a correctional facility into compliance.
31. Allows the action to be brought in the superior court of the county in which the defendant is located.
32. Allows an Arizona taxpayer to request, in writing, that the AG institute an action.
33. Specifies that a request may be made only by a taxpayer of the county of the LEA or correctional facility that is the subject of the request.
34. Allows the taxpayer who made the request, if the AG fails to institute an action 60 days after the written request is made, to institute the action in the taxpayer's own name and at the taxpayer's own expense with the same effect as if brought by the AG.
35. Directs the court to award any reasonable costs incurred in obtaining relief to the AG or taxpayer bring the action, including court costs, reasonable attorney fees, investigative costs, witness fees and depositing costs.
Miscellaneous
36. Appropriates an unspecified amount, for the purpose of administering the Arizona ICE Act, from the state General Fund in FY 2026 to:
a) the State Treasurer to distribute to distribute to county sheriff's offices; and
b) the ADCRR.
37. Exempts the appropriations from lapsing.
38. Designates this legislation as the Arizona Immigration, Cooperation and Enforcement Act or the Arizona ICE Act.
39. Contains a statement of legislative findings.
40. Contains a severability clause.
41. Becomes effective on the general effective date, retroactive to January 1, 2025.
Prepared by Senate Research
January 31, 2025
KJA/slp