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SB1342 - 572R - I Ver
REFERENCE TITLE:
immigration; government agencies; prohibited acts
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SB 1342
Introduced by
Senators
Ortiz: Bravo, Diaz, Gabald�n, Hatathlie, Kuby, Miranda, Sundareshan;�
Representatives Aguilar, De Los Santos, Liguori, Sandoval
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
START_STATUTE
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 section 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 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 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.
END_STATUTE
START_STATUTE
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 to ASSESS 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.
END_STATUTE
START_STATUTE
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.
END_STATUTE
Sec. 2. Title 11, chapter 7, Arizona Revised
Statutes, is amended by adding article 9, to read:
ARTICLE 9. IMMIGRANT
INTERACTIONS
WITH GOVERNMENT AGENCIES
START_STATUTE
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 section 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 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 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.
END_STATUTE
START_STATUTE
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 to
assess 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.
END_STATUTE
START_STATUTE
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.
END_STATUTE
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
START_STATUTE
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 section 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 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 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.
END_STATUTE
START_STATUTE
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 to assess 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.
END_STATUTE
START_STATUTE
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.
END_STATUTE
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".