Assigned to MABS                                                                                              AS PASSED BY COMMITTEE

 


 

 

 


ARIZONA STATE SENATE

Fifty-Seventh Legislature, First Regular Session

 

AMENDED

FACT SHEET FOR h.b. 2099

 

governor; attorney general; duties; immigration

Purpose

Mandates that the Governor, the Attorney General (AG) and each county, city and town must enforce, administer and cooperate with actions, orders and programs that relate to the enforcement of federal immigration laws until January 20, 2029.

Background

The federal Immigration and Nationality Act of 1996 prescribes the powers of immigration officers and employees which includes a federal immigration program, commonly referred to as the 287(g) Program, that allows the U.S. Attorney General to enter into agreements with a state or any political subdivision of the state to authorize qualified state and local employees and officers to act as federal immigration officers to enforce federal immigration laws, including the investigation, apprehension and detention of aliens in the United States (8 U.S.C. § 1357).

State officials and agencies, counties, cities, towns and other political subdivisions of the state may not be prohibited or restricted from sending, receiving or maintaining information relating to immigration status, lawful or unlawful, or from exchanging that information with any other federal, state or local governmental entity to: 1) determine eligibility for a public benefit, service or license; 2) verify any claim of residence or domicile if the determination is required under state law or judicial order; 3) if the person is an alien, determining whether the person is in compliance with prescribed federal registration laws; and 4) comply with federal law (A.R.S.
§ 11-1051
).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Requires the Governor and AG and each city, town and county in Arizona to enforce, administer and cooperate with federal actions, orders and programs that relate to the enforcement of federal immigration laws.

2.   Repeals the requirement to enforce, administer and cooperate with federal immigration laws for counties, cities and towns on January 20, 2029.

3.   Removes, effective January 20, 2029, the requirement that the Governor and AG enforce, administer and cooperate with federal immigration laws.

4.   Contains a statement of legislative findings.

5.   Makes technical and conforming changes.

6.   Becomes effective on the general effective date, with a delayed effective date as noted.

Amendments Adopted by Committee

· Makes technical changes.

House Action                                                           Senate Action

GOV               1/29/25      DP     4-3-0-0                 MABS             3/10/25      DPA     4-2-1

3rd Read          2/18/25                 33-27-0

Prepared by Senate Research

March 11, 2025

KJA/slp