Official Summary Text
SB1474 - 572R - Senate Fact Sheet
Assigned to
MABS���������������������������������������������������������������������������������������������������������������� FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh
Legislature, Second Regular Session
FACT SHEET FOR
S.B. 1474
immigration
laws; local enforcement; training
Purpose
Prescribes
requirements for state and local cooperation with federal immigration
authorities and the enforcement of federal immigration laws that include
training law enforcement and investigating violations.
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
).
Commonly
referred to by the number of the establishing bill, 1487, the Attorney General
(AG) must investigate any alleged violation of the Arizona Constitution or
state law by a governing body of a county or municipality upon the request of a
legislative member. Within 30 days of the request, the AG must make a written
report of investigative findings and conclusions and provide a copy of the
report to the Governor, the Senate President, the Speaker of the House of
Representatives, the legislative member or members making the original request
and the Secretary of State. If the AG concludes that the ordinance, regulation,
order, written policy, written rule or other action under investigation: 1)
violates a provision of state law or the Arizona State Constitution, the AG
must notify the county or municipality of the determination, provide 30 days to
resolve the violation and, if the violation is not resolved, direct the State
Treasurer to withhold and redistribute state share monies from the county or
municipality until the violation is resolved; 2) may violate a provision of
state law or the Constitution of Arizona, the AG must file a special action in
the Arizona Supreme Court to resolve the issue, as prescribed, and the court
must require the county or municipality to post a bond equal to the amount of
state shared revenue paid for the preceding six months; or 3) does not violate
state law or the Arizona Constitution, the AG must take no further action (
A.R.S.
� 41-194.01
).
There is no anticipated fiscal impact to the state
General Fund associated with this legislation.
Provisions
1.
Requires each law enforcement agency (LEA) in the state and each
official or agency of the state or a county, city, town or other political
subdivision of the state to provide immigration enforcement training to all law
enforcement officers and employees to ensure that all immigration enforcement
in Arizona remains consistent with federal law.
2.
Allows an official or agency of the state or a county, city, town or
other political subdivision of the state to enter into memorandums of agreement
(MOAs) 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.
3.
Preempts an official or agency of the state or a city, town, county or
other political subdivision of the state from establishing, adopting or
enforcing any policy, pattern or practice that prohibits or restricts
cooperation with federal immigration authorities in the enforcement of federal
immigration law.
4.
Preempts 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.
5.
Directs applicable state agencies to consider incentive programs and
grant funding for the purpose of assisting and encouraging a state official,
state agency, county, city, town or other political subdivision of the state to
enter into MOAs with federal entities and use federal resources, when
reasonably possible.
6.
Asserts that prescribed requirements for state and local cooperation
with federal immigration authorities and the enforcement of federal immigration
laws does not prevent any LEA, county, city, town or other political
subdivision of the state from enforcing federal immigration laws as authorized
pursuant to state and federal law.
7.
Requires the AG, at the written request of a member of the Legislature,
to investigate any ordinance, regulation, order, policy, pattern or practice of
a city town or county or any agency, department or other entity of a city, town
or county that the legislative member alleges violates the preemption on
prohibiting or restricting cooperation with federal immigration authorities in
the enforcement of federal immigration laws.
8.
Specifies that the AG investigation is in addition to any other causes
of action or remedies available to the AG, a county attorney or any other party
with standing.
9.
Asserts that the AG has prescribed investigative powers and may file an
action in superior court to enforce compliance with any investigative request
or demand.
10.
Requires
an action filed by the AG relating to an investigation to be given precedence
over all other cases.
11.
Requires
the AG, within 30 days after the request of the member of the Legislature
excluding any time in which an action to enforce an investigative request or
demand is pending, to make a written report and follow the prescribed
procedures for any violation or potential violation.
12.
Defines
an
LEA
as the Arizona Department of Corrections, Rehabilitation and
Reentry, county sheriff's offices, the Department of Public Safety and
municipal police departments.
13.
Defines
law enforcement officer
as an officer in the employment of an LEA.
14.
Becomes
effective on the general effective date.
Prepared by Senate Research
February 12, 2026
KJA/ci
Current Bill Text
Read the full stored bill text
SB1474 - 572R - S Ver
Senate Engrossed
immigration laws;
local enforcement; training
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1474
AN
ACT
amending title 11, chapter 7, article 8,
arizona revised statutes, by adding section 11-1052; relating to
enforcement of immigration laws.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be
it enacted by the Legislature of the State of Arizona:
Section 1. Title 11, chapter 7, article 8,
Arizona Revised Statutes, is amended by adding section 11-1052, to read:
START_STATUTE
11-1052.
Federal immigration authorities; agreements; state cooperation;
incentive programs; grant funding; attorney general investigations; definitions
a. an OFFICIAL OR AGENCy OF THIS
STATE or a county, city, town or OTHER POLITICAL SUBDIVISION OF THIS STATE may
ENTER INTO MEMORANDUMS OF AGREEMENT WITH THE UNITED STATES DEPARTMENT OF
JUSTICE, THE United States DEPARTMENT OF HOMELAND SECURITY OR ANY OTHER FEDERAL
AGENCY FOR THE PURPOSE OF ENFORCING FEDERAL IMMIGRATION LAWS, INCLUDING 8
United States Code SECTION 1357(
g
) OR A SIMILAR FEDERAL
PROGRAM.
B. On or before JANUARY 1, 2027, EACH
county sheriff's office shall ENTER INTO A memorandum of AGREEMENT WITH THE
UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT TO PARTICIPATE IN THE
IMMIGRATION PROGRAM ESTABLISHED UNDER 8 United States Code SECTION 1357(
g
).� THE TERMS OF THE AGREEMENT must SUPPORT THE ENFORCEMENT OF FEDERAL
IMMIGRATION LAWS. THE AGREEMENT entered into PURSUANT TO 8 United
States Code SECTION 1357(
g
) OR A SIMILAR FEDERAL PROGRAM
must do all of the following:
1. BE ENTERED INTO IN ACCORDANCE WITH
FEDERAL LAW.
2. include participation by the
county sheriff's office in all applicable programs that are available.
3. ALLOW FOR THE ENFORCEMENT OF
FEDERAL IMMIGRATION LAWS TO THE FULL EXTENT allowED UNDER FEDERAL LAW.
C. An official or agency of this
state or a city, town, county or other political subdivision of this state may
not Establish, adopt or enforce any policy, pattern or practice that prohibits
or restricts cooperation with federal immigration authorities in the
enforcement of federal immigration law.
D. EXCEPT AS PROVIDED BY FEDERAL LAW,
an OFFICIAL OR AGENCy OF THIS STATE or a county, city, town or OTHER POLITICAL
SUBDIVISION OF THIS STATE MAY NOT BE 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.
E. WHEN REASONABLY POSSIBLE,
APPLICABLE STATE AGENCIES SHALL CONSIDER INCENTIVE PROGRAMS AND GRANT FUNDING
FOR THE PURPOSE OF ASSISTING AND ENCOURAGING an official or agency OF THIS
STATE or a county, city, town or OTHER POLITICAL SUBDIVISION OF THIS STATE TO
ENTER INTO AGREEMENTS WITH FEDERAL ENTITIES AND TO UsE FEDERAL RESOURCES
CONSISTENT WITH THIS SECTION.
F. THIS SECTION OR ANY MEMORANDUM OF
AGREEMENT AUTHORIZED BY THIS SECTION does not PREVENT ANY LAW ENFORCEMENT
AGENCY, COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE FROM
ENFORCING IMMIGRATION LAWS AS AUTHORIZED PURSUANT TO FEDERAL LAWS AND THE LAWS
OF THIS STATE.
G. A county sheriff's office shall
ensure that at least ten percent of the law enforcement officers employed by
the county sheriff's office are trained in accordance with the terms of any
memorandum of AGREEmENT entered into with the United States immigration and
customs enforcement pursuant to subsection B of this section.
H. In addition to any other causes of
action or remedies available to the attorney general, a county attorney or any
other party with standing, at the written request of a member of the
legislature, the attorney general shall investigate any ordinance, regulation,
order, policy, pattern or practice of a city, town or county or any agency,
department or other entity of a city, town or county that the member of the
legislature alleges violates subsection
C of this
section. The attorney general shall have the same investigative
powers provided in section 38-431.06, subsection b and may file an action
in superior court to enforce compliance with any investigative request or
demand.� an action filed by the attorney general pursuant to this subsection
shall be given precedence over all OTHER cases.� Within thirty days after the
request of the member of the legislature, excluding any time in which an action
to enforce an investigative request or demand is pending, the attorney general
shall make a written report pursuant to section 41-194.01, subsection b
and shall follow the procedures of section 41-194.01, subsection b for
any violation or potential violation.
I. each Law enforcement agency in
this state and each OFFICIAL OR AGENCy OF THIS STATE or a county, city, town or
OTHER POLITICAL SUBDIVISION OF THIS STATE shall provide immigration enforcement
training to all law ENFORCEMENT officers and employees to ensure that all
immigration enforcement in this state remains consistent with federal law.
J. For the purposes of this section:
1. "law enforcement agency"
means:
(
a
) A county
sheriff's office.
(
b
) THE State
department of corrections.
(
c
) The
DEPARTMENT of public safety.
(
d
) A municipal
police department.
2. "law enforcement
officer" means an officer in the employment of a law enforcement agency.
END_STATUTE