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SB1055 - 572R - S Ver
Senate Engrossed
arrestees; unlawfully
present; reporting
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1055
AN
ACT
amending section 11-1051, arizona
revised statutes; relating to immigration enforcement.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Section 11-1051, Arizona Revised
Statutes, is amended to read:
START_STATUTE
11-1051.
Cooperation and assistance in enforcement of immigration laws;
indemnification
A.
No
an
official or agency of this state or a county, city, town or other political
subdivision of this state may
not
limit or restrict the
enforcement of federal immigration laws to less than the full extent
permitted
allowed
by federal law.
B. For any lawful stop, detention or arrest made by
a law enforcement official or a law enforcement agency of this state or
a law enforcement official or a law enforcement agency
of a
county, city, town or other political subdivision of this state in the
enforcement of any other law or ordinance of a county, city or town or
of
this state where reasonable suspicion exists that the person
is an alien and is unlawfully present in the United States, a reasonable
attempt shall be made, when practicable, to determine the immigration status of
the person, except if the determination may hinder or obstruct an
investigation.� Any person who is arrested shall have the person's immigration
status determined before the person is released.� The person's immigration status
shall be verified with the federal government pursuant to 8 United States Code
section 1373(c).� A law enforcement official or agency of this state or a
county, city, town or other political subdivision of this state may not
consider race, color or national origin in implementing the requirements of
this subsection except to the extent
permitted
allowed
by the United States or Arizona Constitution.� A person
is presumed to not be an alien who is unlawfully present in the United States
if the person provides to the law enforcement officer or agency any of the
following:
1. A valid Arizona driver license.
2. A valid Arizona nonoperating identification
license.
3. A valid tribal enrollment card or other form of
tribal identification.
4. If the entity requires proof of legal presence in
the United States before issuance, any valid United States federal, state or
local government issued identification.
C. If an alien who is unlawfully present in the
United States is convicted of a violation of state or local law, on discharge
from imprisonment or on the assessment of any monetary obligation that is
imposed, the United States immigration and customs enforcement or the United
States customs and border protection shall be immediately notified.
d. If an alien who is unlawfully
present in the United States is arrested by a law enforcement official or law
enforcement agency of this state or of a county, city, town or other political
subdivision of this state for a violation of state or local law, the United
States immigration and customs enforcement or the United States customs and
border protection shall be immediately notified.
D.
e.
Notwithstanding
any other law, a law enforcement agency may securely transport an alien who the
agency has received verification is unlawfully present in the United States and
who is in the agency's custody to a federal facility in this state or to any
other point of transfer into federal custody that is outside the jurisdiction
of the law enforcement agency. A law enforcement agency shall obtain
judicial authorization before securely transporting an alien who is unlawfully
present in the United States to a point of transfer that is outside of this
state.
E.
f.
In
the implementation
implementing
of
this section, an alien's immigration status may be determined by:
1. A law enforcement officer who is authorized by
the federal government to verify or ascertain an alien's immigration status.
2. The United States immigration and customs
enforcement or the United States customs and border protection pursuant to 8
United States Code section 1373(c).
F.
g.
Except
as provided in federal law, officials or agencies of this state and counties,
cities, towns and other political subdivisions of this state may not be
prohibited or in any way be restricted from sending, receiving or maintaining
information relating to the immigration status, lawful or unlawful, of any
individual or exchanging that information with any other federal, state or
local governmental 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 this state.
2. Verifying any claim of residence or domicile if
determination of residence or domicile is required under the laws of this state
or a judicial order issued pursuant to a civil or criminal proceeding in this
state.
3. If the person is an alien, determining whether
the person is in compliance with the federal registration laws prescribed by
title II, chapter 7 of the
federal
immigration and
nationality act.
4. Pursuant to 8 United States Code section 1373 and
8 United States Code section 1644.
G.
H.
This
section does not implement, authorize or establish and shall not be construed
to implement, authorize or establish the REAL ID act of 2005 (P.L. 109-13,
division B; 119 Stat. 302), including the use of a radio frequency identification
chip.
H.
I.
A
person who is a legal resident of this state may bring an action in superior
court to challenge any official or agency of this state or a county, city, town
or other political subdivision of this state that adopts or implements a policy
that limits or restricts the enforcement of federal immigration laws, including
8 United States Code sections 1373 and 1644, to less than the full extent
permitted
allowed
by federal law.� If there is a judicial finding that an entity has violated
this section, the court shall order that the entity pay a civil penalty of
not less than five hundred dollars
at least $500
and
not more than
five thousand dollars
$5,000
for each day that the policy has remained in effect after the filing of an
action pursuant to this subsection.
I.
J.
A
court shall collect the civil penalty prescribed in subsection
H
i
of this section and remit the civil penalty to the state
treasurer for deposit in the gang and immigration intelligence team enforcement
mission fund established by section 41-1724.
J.
k.
The
court may award court costs and reasonable attorney fees to any person or any
official or agency of this state or a county, city, town or other political
subdivision of this state that prevails by an adjudication on the merits in a
proceeding brought pursuant to this section.
K.
l.
Except
in relation to matters in which the officer is adjudged to have acted in bad
faith, a law enforcement officer is indemnified by the law enforcement
officer's agency against reasonable costs and expenses, including attorney
fees, incurred by the officer in connection with any action, suit or proceeding
brought pursuant to this section in which the officer may be a defendant by
reason of the officer being or having been a member of the law enforcement
agency.
L.
m.
This
section shall 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 United States citizens.
END_STATUTE