Assigned to MAPS AS VETOED
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
REVISED
AMENDED
VETOED
FACT SHEET FOR S.B. 1231
state crime; illegal border crossing
Purpose
An emergency measure that makes it unlawful for a person who is an alien (unlawful
immigrant) to enter Arizona from a foreign nation at any location other than a lawful port of entry.
Outlines penalties for violations of illegally entering Arizona and provides immunity from civil
liability and indemnification for state and local government officials, employees and contractors
who enforce this prohibition.
Background
Any unlawful immigrant must be fined and imprisoned for not more than six months, or
for not more than 2 years for a subsequent offense involving: 1) entering or attempting to enter the
United States at any time or place other than as designated by immigration officers; 2) eluding
examination or inspection by immigration officers; or 3) attempting to enter or obtain entry to the
United States by a willfully false or misleading representation or the willful concealment of a
material fact (8 U.S.C. § 1325). Any unlawful immigrant who is physically present in the United
States or who arrives in the United States, regardless of whether the unlawful immigrant enters
through a designated port of arrival, and including an unlawful immigrant who is brought to the
United States after having been interdicted in international or United States waters, may apply for
asylum. In order to be granted asylum, the unlawful immigrant must demonstrate that they are a
refugee as defined in federal statute, and that race, religion, nationality, membership in a particular
social group or political opinion was or will be at least one central reason for persecuting the
applicant (8 U.S.C. § 1158).
The Deferred Action for Childhood Arrivals (DACA) program allows qualified individuals
without lawful immigration status to defer removal of the individual from the United States.
Deferred action remains in effect for a period of two years, subject to renewal, and provides
recipients with employment authorization. On July 16, 2021, the U.S. District Court for the
Southern District of Texas issued a vacatur and a permanent injunction against the continued
operation of the program, thereby enjoining the U.S. Department of Homeland Security from
granting DACA status for new applicants (U.S. Department of Homeland Security).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
FACT SHEET – Amended/Vetoed/Revised
S.B. 1231
Page 2
Provisions
Illegal Entry
1. Makes it unlawful for a person who is an unlawful immigrant to enter or attempt to enter
Arizona directly from a foreign nation at any location other than a lawful port of entry.
2. Outlines the following as affirmative defenses to illegal entry:
a) the federal government has granted the defendant lawful presence in the United States or
asylum under federal law;
b) the defendant's conduct does not constitute a violation of improper entry by an alien under
federal law; and
c) the defendant was approved for benefits under the DACA program between June 15, 2012,
and July 8, 2021.
3. Stipulates that the following federal programs do not provide an affirmative defense:
a) the Deferred Action for Parents of Americans and Lawful Permanent Residents Program
(DAPA); and
b) any program not enacted by the U.S. Congress that is a successor to or materially similar
to DAPA.
4. Makes it unlawful for a person who is an unlawful immigrant to enter, attempt to enter or be
found at any time in Arizona if:
a) the person has been denied admission to or excluded, deported or removed from the United
States; or
b) the person has departed from the United States while an order of exclusion, deportation or
removal is outstanding.
5. Classifies a violation of illegal entry as a class 1 misdemeanor, except that violation is a class
6 felony if the person has previously been convicted of illegal entry.
6. Classifies a violation of illegal entry as a class 3 felony if the violation includes any of the
following:
a) the defendant's removal was subsequent to a conviction for commission of two or more
misdemeanors involving drugs or crime against a person, or both;
b) the defendant was excluded pursuant to federal law related to exclusion of unlawful
immigrant who have engaged in terrorist activities;
c) the defendant was removed pursuant to federal law governing the removal of unlawful
immigrants who have engaged in terrorist activity; or
d) the defendant was removed pursuant to federal law relating to removal of nonviolent
offenders prior to the completion of imprisonment sentences.
7. Stipulates that a violation of illegal entry is a class 2 felony if the defendant was removed
subsequent to a conviction for the commission of a felony.
8. States that a person convicted of an illegal entry offense is not eligible for community
supervision. FACT SHEET – Amended/Vetoed/Revised
S.B. 1231
Page 3
9. Prohibits the court from abating the prosecution of an illegal entry offense on the basis that a
federal determination regarding the immigration status of the defendant is pending or will be
initiated.
10. Defines removal as it relates to illegal entry to include an order to return to a foreign nation or
any other agreement in which an unlawful immigrant stipulates to removal pursuant to a
criminal proceeding to either federal or state law.
Order to Return to a Foreign Nation
11. Allows a magistrate, during a person's appearance before said magistrate, to order the person
to be released from custody and issue a written order to return to a foreign nation after
determining that probable cause exists for an arrest for an illegal entry offense.
12. Allows a judge, at any time after a person's appearance before the magistrate, to dismiss the
charge pending against the person and issue a written order to return to a foreign nation instead
of continuing the prosecution of the person or entering an adjudication regarding an illegal
entry offense.
13. Requires a person who is issued an order to return to the foreign nation from which the person
entered or attempted to enter and stipulates that the order discharges the person.
14. Allows an order to be issued if:
a) the person agrees to the order;
b) the person has not previously been convicted of an illegal entry offense or previously
obtained a discharge under an order;
c) the person is not charged with another class 1 misdemeanor or any felony offense; and
d) before issuance of the order, the arresting law enforcement agency has collected all
identifying information of the person, including fingerprints and other applicable
photographic and biometric identifiers, and all relevant federal, state and local criminal
databases have been cross-referenced to determine if the person is a threat to national
security.
15. Requires a judge, on conviction of an illegal entry offense, to enter an order that requires the
person to return to the foreign nation from which the person entered or attempted to enter.
16. States that an order takes effect on completion of the person's term of imprisonment.
17. Requires an order to include:
a) the manner of transportation of the person to a port of entry; and
b) the law enforcement officer or state agency that is responsible for monitoring compliance
with the order.
18. Requires an order to be filed with either the county clerk of the county in which the person was
arrested, or the clerk of the court exercising jurisdiction in the case.
19. States that a person commits refusal to comply with an order to return to a foreign nation if:
a) the person is charged with or convicted of an illegal entry offense; FACT SHEET – Amended/Vetoed/Revised
S.B. 1231
Page 4
b) a magistrate or judge issues an order to return to the foreign nation from which the person
entered or attempted to enter; and
c) the person refuses to comply with the order.
20. Classifies a violation of refusal to comply with an order to return to a foreign nation as a class
2 felony.
21. Prohibits a peace officer from arresting or detaining a person for illegal entry offenses if the
person is on the premises or grounds of:
a) a public or private primary or postsecondary educational institution;
b) a church, synagogue or other established place of religious worship; and
c) a specified health care facility, if the person is on the premises or grounds of the facility to
receive medical treatment.
22. Requires the law enforcement officer or state agency required to monitor compliance with the
order to report the issuance of the order to the Department of Public Safety, not less than the
seventh day after the date of order issuance, for inclusion in the central state repository.
23. Requires illegal entry offenses for which an order to return was issued to be included in the
central state repository.
Civil Immunity and Indemnification
24. Indemnifies a local government official, employee or contractor, and an elected or appointed
state official or a state employee or contractor, from civil liability for damages arising from a
cause of action under the laws of Arizona resulting from action taken by the official, employee
or contractor to enforce laws related to illegal entry during the course and scope of the office,
employment or contract.
25. Requires a local government or the state to indemnify an official, employee or contractor for
damages arising from a cause of action under federal law resulting from an action taken by the
official, employee or contractor to enforce laws related to illegal entry during the course and
scope of the office, employment or contract.
26. Caps indemnification payments made for local government officials, employees or contractors
at:
a) $100,000 for any one person or $300,000 for any single occurrence in the case of personal
injury or death; or
b) $10,000 for a single occurrence of property damage.
27. Stipulates that indemnification payments made for state officials, employees or contractors,
notwithstanding any other law, is not subject to indemnification limits under the laws of
Arizona.
28. Stipulates that immunity from civil liability and indemnification do not apply if the court or a
jury determines that the official, employee or contractor acted in bad faith, with conscious
indifference or with recklessness. FACT SHEET – Amended/Vetoed/Revised
S.B. 1231
Page 5
29. Requires a local government or the state to indemnify an official, employee or contractor for
reasonable attorney fees incurred in defense of a criminal prosecution against official,
employee or contractor for outlined actions.
30. Requires the Attorney General to represent a state official, employee or contractor in any action
in which the official, employee or contractor may be entitled to indemnification.
31. Stipulates that provisions related to civil immunity and indemnification do not waive statutory
limits on damages under state law.
32. Requires an appeal of a civil action brought against a person who may be entitled to immunity
or indemnification to be taken to directly to the Arizona Supreme Court.
33. States that immunity and indemnification provisions do not affect a defense, immunity or
jurisdictional bar available to this state or a government official, or an official, employee or
contractor of the state or local government.
Miscellaneous
34. Defines alien as a person who is not a citizen or national of the United States as described in
federal law.
35. Defines port of entry as a port of entry in the United States as defined in federal regulation.
36. Makes conforming changes.
37. Becomes effective on signature of the Governor, if the emergency clause is enacted.
Amendments Adopted by Committee of the Whole
• Makes a technical correction.
Revisions
• Corrects provisions and the purpose statement to reflect that the legislation had an emergency
clause.
Governor's Veto Message
The Governor indicates in her veto message that S.B. 1231 will be harmful for Arizona
communities and businesses, and presents significant constitutional concerns.
Senate Action House Action
MAPS 2/7/24 DP 4-2-1 3
rd
Read 2/28/24 31-28-0-0-1
3
rd
Read 2/21/24 16-13-1 (W/O emergency)
(W/O emergency)
Vetoed by the Governor 3/4/23
Prepared by Senate Research
March 5, 2024
ZD/cs