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§ 11-1051(B) |
For any lawful contact 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 THIS STATE where reasonable suspicion exists that the person is an alien who 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. A law enforcement official or agency of this state or a county, city, town or other political subdivision of this state may not solely consider race, color or national origin in implementing the requirements of this subsection except to the extent permitted by the United States or Arizona Constitution. |
- Removes ambiguity about what circumstances trigger law enforcement action.
- Removes ambiguity whether race, color or national original may be considered in implementation.
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| 2 |
§ 11-1051(E) § 13-2928(E)
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NEW
In the implementation of this section, an alien's immigration status may be determined by:
- A law enforcement officer who is authorized by the federal government to verify or ascertain an alien's immigration status.
- The United States Immigration and Customs Enforcement or the United States Customs and Border Protection pursuant to 8 United States Code section 1373(c).
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- Removes ambiguity about who determines immigration status.
- Only federal and federally-authorized AZ law enforcement officers may determine immigration status.
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| 3 |
§ 11-1051(GH) |
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 or practice 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 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 one thousand FIVE HUNDRED dollars and not more than five thousand dollars for each day that the policy has remained in effect after the filing of an action pursuant to this subsection. |
- Strengths link to federal law forbidding state and local officials from prohibiting or restricting communication with ICE and CBP.
- Reduces by half the AZ penalty for violations.
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| 4 |
§ 13-1509(C)
§ 13-2928(D)
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NEW
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 the enforcement of this section except to the extent permitted by the United States or Arizona Constitution.
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- Establishes clear prohibition on "racial profiling."
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| 5 |
§ 13-1509 |
(DE) In addition to any other penalty prescribed by law, the court shall order the person to pay jail costs. and an additional assessment in the following amounts:
- At least five hundred dollars for a first violation.
- Twice the amount specified in paragraph 1 of this subsection if the person was previously subject to an assessment pursuant to this subsection.
(F) A court shall collect the assessments prescribed in subsection D of this section and remit the assessments to the department of public safety, which shall establish a special subaccount for the monies in the account established for the gang and immigration intelligence team enforcement mission appropriation. Monies in the special subaccount are subject to legislative appropriation for distribution for gang and immigration enforcement and for county jail reimbursement costs relating to illegal immigration.
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- Reduces financial penalties for AZ violations.
- Eliminates dedicated assignment of fines to Gang and Immigration Intelligence Team Enforcement Mission Fund (§ 41-1724).
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§ 13-1509(H) |
A violation of this section is a class 1 misdemeanor, except that THE MAXIMUM FINE IS ONE HUNDRED DOLLARS AND FOR a FIRST violation of this section is: THE COURT SHALL NOT SENTENCE THE PERSON TO MORE THAN TWENTY DAYS IN JAIL AND FOR A SECOND OR SUBSEQUENT VIOLATION THE COURT SHALL NOT SENTENCE THE PERSON TO MORE THAN THIRTY DAYS IN JAIL.
A class 3 felony if the person violates this section while in possession of any of the following:
A dangerous drug as defined in section 13-3401.
Precursor chemicals that are used in the manufacturing of methamphetamine in violation of section 13-3404.01.
A deadly weapon or a dangerous instrument, as defined in section 13-105.Property that is used for the purpose of committing an act of terrorism as prescribed in section 13-2308.01.
A class 4 felony if the person either:
Is convicted of a second or subsequent violation of this section.
Within sixty months before the violation, has been removed from the United States pursuant to 8 United States Code section 1229a or has accepted a voluntary removal from the United States pursuant to 8 United States Code section 1229c.
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- Reduces financial penalties for violations.
- Eliminates felony charge for violations involving specified drug crimes and weapon.
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