Assigned to JUD FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
FACT SHEET FOR S.B. 1379
unlawful transporting; harboring; unlawful aliens
Purpose
Increases, from a class 1 misdemeanor to a class 6 felony, the penalty for unlawfully
transporting an alien whose presence in the United States is illegal (undocumented immigrant).
Increases, from a class 4 felony to a class 6 felony, the penalty for unlawfully transporting 2 or
more, rather than 10 or more, undocumented immigrants.
Background
A person who unlawfully transports, moves, conceals, harbors or shields undocumented
immigrants is guilty of a class 1 misdemeanor and is subject to a fine of at least $1,000, except
that a violation involving 10 or more undocumented immigrants is a class 6 felony and the person
is subject to a fine of at least $1,000 for each undocumented immigrant who is involved (A.R.S. §
13-2929).
In Valle del Sol Inc. v Whiting, the Ninth Circuit U.S. Court of Appeals affirmed a
preliminary injunction against A.R.S. § 13-2929 granted by the U.S. District Court of Arizona. In
its ruling, the court concluded that the statute as written is void for vagueness under the Due
Process Clause, and that the statute is preempted by federal law and therefore invalid under the
Supremacy Clause (Valle del Sol Inc. v. Whiting, 732 F.3d 1006 (9th Cir. 2013)).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Specifies that a person need not be in violation of a separate criminal offense in order to be in
violation of unlawfully transporting, moving, concealing, harboring, or shielding of
undocumented immigrants.
2. Increases, from a class 1 misdemeanor to a class 6 felony, the penalty for unlawful transporting,
moving, concealing, harboring or shielding of undocumented immigrants.
3. Increases, from a class 6 felony to a class 4 felony, the penalty for unlawfully transporting,
moving, concealing, harboring or shielding of 2 or more, rather than 10 or more, undocumented
immigrants.
4. Makes technical changes.
5. Becomes effective on the general effective date.
Prepared by Senate Research
February 8, 2022
ZD/HK/sr