Bill Text: AZ SB1362 | 2025 | Fifty-seventh Legislature 1st Regular | Introduced
Bill Title: Immigration; government agencies; prohibited acts
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-02-04 - Senate read second time [SB1362 Detail]
Download: Arizona-2025-SB1362-Introduced.html
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REFERENCE TITLE: immigration; government agencies; prohibited acts |
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State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025
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SB 1362 |
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Introduced by Senator Ortiz
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An Act
amending title 9, Arizona Revised Statutes, by adding chapter 9; amending title 11, chapter 7, Arizona Revised Statutes, by adding article 9; amending title 41, Arizona Revised Statutes, by adding chapter 20; relating to intergovernmental operations.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 9, Arizona Revised Statutes, is amended by adding chapter 9, to read:
CHAPTER 9
IMMIGRANT INTERACTIONS WITH GOVERNMENT AGENCIES
ARTICLE 1. GENERAL PROVISIONS
9-1001. Prohibited acts; immigration
A. A municipal law enforcement agency or official may not do any of the following:
1. stop, question, arrest, search or detain any person based on actual or suspected citizenship or immigration status or actual or suspected violations of federal civil immigration law.
2. inquire about a person's immigration status, citizenship, place of birth or eligibility for a social security number.
3. make an arrest or detain or prolong the detention of a person based on civil immigration warrants or immigration detainers.
4. use municipal monies, facilities, property, equipment or personnel to investigate, enforce or assist in the investigation or enforcement of any federal program that requires the registration of persons on the basis of race, gender, sexual orientation, religion, immigration status, citizenship or national or ethnic origin.
5. make municipal databases available to any person or entity for the purpose of immigration enforcement or investigation or enforcement of any federal program that requires the registration of persons on the basis of race, gender, sexual orientation, religion, immigration status, citizenship or national or ethnic origin.
b. Any agreements, policies or practices that were made before the effective date of this section and that conflict with subsection a, paragraph 5 of this subsection are void on the effective date of this section.
c. A municipal law enforcement agency or official may not assist federal immigration authorities by doing any of the following:
1. participating in civil immigration enforcement operations.
2. providing to federal immigration authorities any information that identifies, relates to, describes, is reasonably capable of being associated with or could reasonably be linked, directly or indirectly, with a particular person.
3. providing access to any municipal law enforcement equipment, office space, database or property.
4. providing access to a detained person for an interview.
5. facilitating or complying with immigration detainers, civil immigration warrants, notification requests and transfer requests from federal immigration authorities.
6. continuing to detain a person past the time that the person would otherwise be eligible for release from custody based solely on an immigration detainer or civil immigration warrant.
7. entering into, modifying, renewing or extending any agreement to exercise federal immigration authority or conduct immigration enforcement pursuant to section 287(g) of the Immigration and Nationality Act (66 Stat. 163; 8 United states code section 1357(g)) or otherwise exercising federal civil immigration authority or conducting immigration enforcement outside of the purview of section 287(g) of the Immigration and Nationality Act (66 Stat. 163; 8 United states code section 1357(g)).
8. providing or sharing monies, property, equipment, personnel or access to facilities or real property that is not open to the general public for purposes of engaging in, assisting, supporting or facilitating immigration enforcement.
D. On receiving an immigration detainer, notification request, civil immigration warrant or transfer request concerning a person in custody, the receiving municipal law enforcement agency or official shall provide a copy of the document to the person and inform the person whether the municipality or official intends to comply. If the municipality or official intends to comply, the municipality or official shall provide the person in custody with a written explanation that specifies the legal basis for that compliance.
E. This section does not prevent any municipal law enforcement agency from responding to a valid judicial warrant, court order or writ that is issued by a federal justice, judge or magistrate or a justice or judge of this State.
F. This section does not prohibit or in any way restrict any action where the prohibition or restriction would be contrary to federal law.
9-1002. Collection and disclosure of records
A. Municipalities and health care facilities may collect information relating to a person's immigration status, citizenship status, place of birth, social security number and individual taxpayer identification number only when this information is strictly necessary to assess eligibility for or to administer the requested public services, benefits or programs that the municipality or health care facility is charged with administering.
b. A municipality OR AN OFFICER OF A municipality may NOT DISCLOSE ANY RECORD OR ANY INFORMATION, WHETHER WRITTEN OR ORAL, THAT CONCERNS A PERSON AND THAT THE municipality OR OFFICER SOLICITED, MADE OR KEPT FOR THE PURPOSE OF ASSESSING THE PERSON'S ELIGIBILITY FOR, OR FOR ADMINISTERING OR DELIVERING, ANY SERVICES, BENEFITS OR PROGRAMs, EXCEPT THAT THE municipality OR OFFICER may DISCLOSE SUCh INFORMATION AS REQUIRED TO ADMINISTER THE BENEFITS, SERVICES OR PROGRAMS PURSUANT TO THE LAWS OF THIS STATE, FEDERAL LAW OR A VALID COURT ORDER OR WARRANT ISSUED BY A FEDERAL JUSTICE, JUDGE OR MAGISTRATE Or A JUSTICE OR JUDGE OF THIS STATE.
c. This section dOES not prohibit the sharing of records or information IF the subject of that record or information knowingly provideS written consent in the PERSON'S language of choice allowing the record or information to be provided to the person or municipality THAT requesteD the record or information. The written consent shall include all of the following:
1. the exact record or information to be shared.
2. the purpose for sharing the record or information.
3. a statement clarifying that consent is voluntary and declining to consent does not result in discrimination or retaliation by the government agency.
4. a statement clarifying that consent may be revoked, but that revocation does not impact a record or information that was shared before written consent was given pursuant to this section.
5. the person or municipality to receive the record or information.
d. Each municipality shall review their confidentiality policies, guidELINES and rULES and identify any changes that are necessary to ensure compliance with this section. A municipality SHALL MAKE Any necessary changes to those policies, GUIDELINES OR RULES as expeditiously as possible, consistent with municipality procedures, but noT later than one calendar year following the effective date of this SECTION and SHALL prominently POST THE CHANGES on the municipality's website.
e. this section DOES NOT prohibit or in any way restrict any action where the prohibition or restriction would be contrary to federal law.
9-1003. Reports
A. Each municipal law enforcement agency shall submit to the Attorney General within ONE HUNDRED EIGHTY days AFTER the effective date of this SECTION and within THIRTY days after the end of each fiscal year THEREAFTER A REPORT THAT INCLUDES:
1. the number of detainer requests, transfer requests and notification requests THAT ARE made by immigration authorities and the responses of the municipal law enforcement agency. For any request that was granted, the report shall specify any legal basis for granting that request.
2. the number of interviews requested and the number of interviews conducted, either in person or telephonically, by immigration authorities of PERSONS WHO ARE in municipal law enforcement custody. For each interview conducted, the report shall specify any legal basis for granting the interview.
3. any other requests THAT ARE made by immigration authorities for MUNICIPAL LAW ENFORCEMENT agency participation in immigration enforcement, the responses of the municipal law enforcement agency and the legal basis for granting the request.
4. to the extent THAT the MUNICIPAL law enforcement agency has knowledge, any information about municipal databases to which immigration authorities have had access at any time in the course of the year, including all of the following:
(a) the name of the database.
(b) an overview of information THAT IS available on the database.
(c) the purpose for which immigration authorities have access to the database.
(d) the process through which immigration authorities requested access and agencies reviewed this request, if applicable.
(e) any legal basis for providing immigration authorities WITH access to the database.
(f) the frequency with which immigration authorities accessed the database over the course of the year.
b. The Attorney General shall POST ON ITS WEBSITE the information submitted pursuant to SUBSECTION a OF this section within NINETY days AFTER RECEIVING THE INITIAL SUBMISSION and within NINETY days after the end of EACH fiscal year thereafter.
C. The Attorney General shall report annually to the Governor and the Legislature a summary of each municipal law enforcement agency's compliance with this CHAPTER AND shall append the submissions by municipal law enforcement agencies THAT ARE required pursuant to subsection a of this section.
Sec. 2. Title 11, chapter 7, Arizona Revised Statutes, is amended by adding article 9, to read:
ARTICLE 9. IMMIGRANT INTERACTIONS WITH GOVERNMENT AGENCIES
11-1061. Prohibited acts; immigration
A. A county law enforcement agency or official may not do any of the following:
1. stop, question, arrest, search or detain any person based on actual or suspected citizenship or immigration status or actual or suspected violations of federal civil immigration law.
2. inquire about a person's immigration status, citizenship, place of birth or eligibility for a social security number.
3. make an arrest or detain or prolong the detention of a person based on civil immigration warrants or immigration detainers.
4. use county monies, facilities, property, equipment or personnel to investigate, enforce or assist in the investigation or enforcement of any federal program that requires the registration of persons on the basis of race, gender, sexual orientation, religion, immigration status, citizenship or national or ethnic origin.
5. make county databases available to any person or entity for the purpose of immigration enforcement or investigation or enforcement of any federal program that requires the registration of persons on the basis of race, gender, sexual orientation, religion, immigration status, citizenship or national or ethnic origin.
b. Any agreements, policies or practices that were made before the effective date of this section and that conflict with subsection a, paragraph 5 of this subsection are void on the effective date of this section.
c. A county law enforcement agency or official may not assist federal immigration authorities by doing any of the following:
1. participating in civil immigration enforcement operations.
2. providing to federal immigration authorities any information that identifies, relates to, describes, is reasonably capable of being associated with or could reasonably be linked, directly or indirectly, with a particular person.
3. providing access to any county law enforcement equipment, office space, database or property.
4. providing access to a detained person for an interview.
5. facilitating or complying with immigration detainers, civil immigration warrants, notification requests and transfer requests from federal immigration authorities.
6. continuing to detain a person past the time that the person would otherwise be eligible for release from custody based solely on an immigration detainer or civil immigration warrant.
7. entering into, modifying, renewing or extending any agreement to exercise federal immigration authority or conduct immigration enforcement pursuant to section 287(g) of the Immigration and Nationality Act (66 Stat. 163; 8 United states code section 1357(g)) or otherwise exercising federal civil immigration authority or conducting immigration enforcement outside of the purview of section 287(g) of the Immigration and Nationality Act (66 Stat. 163; 8 United states code section 1357(g)).
8. providing or sharing monies, property, equipment, personnel or access to facilities or real property that is not open to the general public for purposes of engaging in, assisting, supporting or facilitating immigration enforcement.
D. On receiving an immigration detainer, notification request, civil immigration warrant or transfer request concerning a person in custody, the receiving county law enforcement agency or official shall provide a copy of the document to the person and inform the person whether the county or official intends to comply. If the county or official intends to comply, the county or official shall provide the person in custody with a written explanation that specifies the legal basis for that compliance.
E. This section does not prevent any county law enforcement agency from responding to a valid judicial warrant, court order or writ that is issued by a federal justice, judge or magistrate or a justice or judge of this State.
F. This section does not prohibit or in any way restrict any action where the prohibition or restriction would be contrary to federal law.
11-1062. Collection and disclosure of records
A. Counties and health care facilities may collect information relating to a person's immigration status, citizenship status, place of birth, social security number and individual taxpayer identification number only when this information is strictly necessary to assess eligibility for or to administer the requested public services, benefits or programs that the county or health care facility is charged with administering.
b. A county OR AN OFFICER OF A county may NOT DISCLOSE ANY RECORD OR ANY INFORMATION, WHETHER WRITTEN OR ORAL, THAT CONCERNS A PERSON AND THAT THE county OR OFFICER SOLICITED, MADE OR KEPT FOR THE PURPOSE OF ASSESSING THE PERSON'S ELIGIBILITY FOR, OR FOR ADMINISTERING OR DELIVERING, ANY SERVICES, BENEFITS OR PROGRAMs, EXCEPT THAT THE county OR OFFICER may DISCLOSE SUCh INFORMATION AS REQUIRED TO ADMINISTER THE BENEFITS, SERVICES OR PROGRAMS PURSUANT TO THE LAWS OF THIS STATE, FEDERAL LAW OR A VALID COURT ORDER OR WARRANT ISSUED BY A FEDERAL JUSTICE, JUDGE OR MAGISTRATE Or A JUSTICE OR JUDGE OF THIS STATE.
c. This section dOES not prohibit the sharing of records or information IF the subject of that record or information knowingly provideS written consent in the PERSON'S language of choice allowing the record or information to be provided to the person or county THAT requesteD the record or information. The written consent shall include all of the following:
1. the exact record or information to be shared.
2. the purpose for sharing the record or information.
3. a statement clarifying that consent is voluntary and declining to consent does not result in discrimination or retaliation by the government agency.
4. a statement clarifying that consent may be revoked, but that revocation does not impact a record or information that was shared before written consent was given pursuant to this section.
5. the person or county to receive the record or information.
d. Each county shall review their confidentiality policies, guidELINES and rULES and identify any changes that are necessary to ensure compliance with this section. A county SHALL MAKE Any necessary changes to those policies, GUIDELINES OR RULES as expeditiously as possible, consistent with county procedures, but noT later than one calendar year following the effective date of this SECTION and SHALL prominently POST THE CHANGES on the county's website.
e. this section DOES NOT prohibit or in any way restrict any action where the prohibition or restriction would be contrary to federal law.
11-1063. Reports
A. Each county law enforcement agency shall submit to the Attorney General within ONE HUNDRED EIGHTY days AFTER the effective date of this SECTION and within THIRTY days after the end of each fiscal year THEREAFTER A REPORT THAT INCLUDES:
1. the number of detainer requests, transfer requests and notification requests THAT ARE made by immigration authorities and the responses of the county law enforcement agency. For any request that was granted, the report shall specify any legal basis for granting that request.
2. the number of interviews requested and the number of interviews conducted, either in person or telephonically, by immigration authorities of PERSONS WHO ARE in county law enforcement custody. For each interview conducted, the report shall specify any legal basis for granting the interview.
3. any other requests THAT ARE made by immigration authorities for COUNTY LAW ENFORCEMENT agency participation in immigration enforcement, the responses of the county law enforcement agency and the legal basis for granting the request.
4. to the extent THAT the COUNTY law enforcement agency has knowledge, any information about county databases to which immigration authorities have had access at any time in the course of the year, including all of the following:
(a) the name of the database.
(b) an overview of information THAT IS available on the database.
(c) the purpose for which immigration authorities have access to the database.
(d) the process through which immigration authorities requested access and agencies reviewed this request, if applicable.
(e) any legal basis for providing immigration authorities WITH access to the database.
(f) the frequency with which immigration authorities accessed the database over the course of the year.
b. The Attorney General shall POST ON ITS WEBSITE the information submitted pursuant to SUBSECTION a OF this section within NINETY days AFTER RECEIVING THE INITIAL SUBMISSION and within NINETY days after the end of EACH fiscal year thereafter.
C. The Attorney General shall report annually to the Governor and the Legislature a summary of each county law enforcement agency's compliance with this CHAPTER AND shall append the submissions by county and law enforcement agencies THAT ARE required pursuant to subsection a of this section.
Sec. 3. Title 41, Arizona Revised Statutes, is amended by adding chapter 20, to read:
CHAPTER 20
IMMIGRANT INTERACTIONS WITH GOVERNMENT AGENCIES
ARTICLE 1. GENERAL PROVISIONS
41-2351. Prohibited acts; immigration
A. A state law enforcement agency or official may not do any of the following:
1. stop, question, arrest, search or detain any person based on actual or suspected citizenship or immigration status or actual or suspected violations of federal civil immigration law.
2. inquire about a person's immigration status, citizenship, place of birth or eligibility for a social security number.
3. make an arrest or detain or prolong the detention of a person based on civil immigration warrants or immigration detainers.
4. use state monies, facilities, property, equipment or personnel to investigate, enforce or assist in the investigation or enforcement of any federal program that requires the registration of persons on the basis of race, gender, sexual orientation, religion, immigration status, citizenship or national or ethnic origin.
5. make state databases available to any person or entity for the purpose of immigration enforcement or investigation or enforcement of any federal program that requires the registration of persons on the basis of race, gender, sexual orientation, religion, immigration status, citizenship or national or ethnic origin.
b. Any agreements, policies or practices that were made before the effective date of this section and that conflict with subsection a, paragraph 5 of this subsection are void on the effective date of this section.
c. A state law enforcement agency or official may not assist federal immigration authorities by doing any of the following:
1. participating in civil immigration enforcement operations.
2. providing to federal immigration authorities any information that identifies, relates to, describes, is reasonably capable of being associated with or could reasonably be linked, directly or indirectly, with a particular person.
3. providing access to any state law enforcement equipment, office space, database or property.
4. providing access to a detained person for an interview.
5. facilitating or complying with immigration detainers, civil immigration warrants, notification requests and transfer requests from federal immigration authorities.
6. continuing to detain a person past the time that the person would otherwise be eligible for release from custody based solely on an immigration detainer or civil immigration warrant.
7. entering into, modifying, renewing or extending any agreement to exercise federal immigration authority or conduct immigration enforcement pursuant to section 287(g) of the Immigration and Nationality Act (66 Stat. 163; 8 United states code section 1357(g)) or otherwise exercising federal civil immigration authority or conducting immigration enforcement outside of the purview of section 287(g) of the Immigration and Nationality Act (66 Stat. 163; 8 United states code section 1357(g)).
8. providing or sharing monies, property, equipment, personnel or access to facilities or real property that is not open to the general public for purposes of engaging in, assisting, supporting or facilitating immigration enforcement.
D. On receiving an immigration detainer, notification request, civil immigration warrant or transfer request concerning a person in custody, the receiving state law enforcement agency or official shall provide a copy of the document to the person and inform the person whether this state or the official intends to comply. If this state or the official intends to comply, this state or the official shall provide the person in custody with a written explanation that specifies the legal basis for that compliance.
E. This section does not prevent any state law enforcement agency from responding to a valid judicial warrant, court order or writ that is issued by a federal justice, judge or magistrate or a justice or judge of this State.
F. This section does not prohibit or in any way restrict any action where the prohibition or restriction would be contrary to federal law.
41-2352. Collection and disclosure of records
A. This state and health care facilities may collect information relating to a person's immigration status, citizenship status, place of birth, social security number and individual taxpayer identification number only when this information is strictly necessary to assess eligibility for or to administer the requested public services, benefits or programs that this state or health care facility is charged with administering.
b. This state OR AN OFFICER OF this state may NOT DISCLOSE ANY RECORD OR ANY INFORMATION, WHETHER WRITTEN OR ORAL, THAT CONCERNS A PERSON AND THAT this state OR the OFFICER SOLICITED, MADE OR KEPT FOR THE PURPOSE OF ASSESSING THE PERSON'S ELIGIBILITY FOR, OR FOR ADMINISTERING OR DELIVERING, ANY SERVICES, BENEFITS OR PROGRAMs, EXCEPT THAT THis state OR OFFICER may DISCLOSE SUCh INFORMATION AS REQUIRED TO ADMINISTER THE BENEFITS, SERVICES OR PROGRAMS PURSUANT TO THE LAWS OF THIS STATE, FEDERAL LAW OR A VALID COURT ORDER OR WARRANT ISSUED BY A FEDERAL JUSTICE, JUDGE OR MAGISTRATE Or A JUSTICE OR JUDGE OF THIS STATE.
c. This section dOES not prohibit the sharing of records or information IF the subject of that record or information knowingly provideS written consent in the PERSON'S language of choice allowing the record or information to be provided to the person or this state THAT requesteD the record or information. The written consent shall include all of the following:
1. the exact record or information to be shared.
2. the purpose for sharing the record or information.
3. a statement clarifying that consent is voluntary and declining to consent does not result in discrimination or retaliation by the government agency.
4. a statement clarifying that consent may be revoked, but that revocation does not impact a record or information that was shared before written consent was given pursuant to this section.
5. the person or this state to receive the record or information.
d. This state shall review their confidentiality policies, guidELINES and rULES and identify any changes that are necessary to ensure compliance with this section. This state SHALL MAKE Any necessary changes to those policies, GUIDELINES OR RULES as expeditiously as possible, consistent with municipality procedures, but noT later than one calendar year following the effective date of this SECTION and SHALL prominently POST THE CHANGES on the department's website.
e. this section DOES NOT prohibit or in any way restrict any action where the prohibition or restriction would be contrary to federal law.
41-2353. Reports
A. This state shall submit to the Attorney General within ONE HUNDRED EIGHTY days AFTER the effective date of this SECTION and within THIRTY days after the end of each fiscal year THEREAFTER A REPORT THAT INCLUDES:
1. the number of detainer requests, transfer requests and notification requests THAT ARE made by immigration authorities and the responses of the state law enforcement agency. For any request that was granted, the report shall specify any legal basis for granting that request.
2. the number of interviews requested and the number of interviews conducted, either in person or telephonically, by immigration authorities of PERSONS WHO ARE in state law enforcement custody. For each interview conducted, the report shall specify any legal basis for granting the interview.
3. any other requests THAT ARE made by immigration authorities for state LAW ENFORCEMENT agency participation in immigration enforcement, the responses of the state law enforcement agency and the legal basis for granting the request.
4. to the extent THAT the state law enforcement agency has knowledge, any information about municipal databases to which immigration authorities have had access at any time in the course of the year, including all of the following:
(a) the name of the database.
(b) an overview of information THAT IS available on the database.
(c) the purpose for which immigration authorities have access to the database.
(d) the process through which immigration authorities requested access and agencies reviewed this request, if applicable.
(e) any legal basis for providing immigration authorities WITH access to the database.
(f) the frequency with which immigration authorities accessed the database over the course of the year.
b. The Attorney General shall POST ON ITS WEBSITE the information submitted pursuant to SUBSECTION a OF this section within NINETY days AFTER RECEIVING THE INITIAL SUBMISSION and within NINETY days after the end of EACH fiscal year thereafter.
C. The Attorney General shall report annually to the Governor and the Legislature a summary of each state law enforcement agency's compliance with this CHAPTER AND shall append the submissions by state law enforcement agencies THAT ARE required pursuant to subsection a of this section.
Sec. 4. Severability
If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
Sec. 5. Short title
This act may be cited as the "Immigrant Trust Act".
