Arizona 2025 Regular Session

Arizona Senate Bill SB1362 Compare Versions

Only one version of the bill is available at this time.

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1	1	REFERENCE TITLE: immigration; government agencies; prohibited acts State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025 SB 1362 Introduced by Senator Ortiz 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)
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11	11	REFERENCE TITLE: immigration; government agencies; prohibited acts
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70	70	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.
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80	80	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_STATUTE9-1001. 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 subsection 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 section 287(g) of 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 section 287(g) 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_STATUTE9-1002. 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 FOR THE PURPOSE OF ASSESSING 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_STATUTE9-1003. 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_STATUTE11-1061. 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 subsection 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 section 287(g) of 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 section 287(g) 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_STATUTE11-1062. 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 FOR THE PURPOSE OF ASSESSING 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_STATUTE11-1063. 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_STATUTE41-2351. 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 subsection 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 section 287(g) of 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 section 287(g) 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_STATUTE41-2352. 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 FOR THE PURPOSE OF ASSESSING 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_STATUTE41-2353. 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".
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82	82	Be it enacted by the Legislature of the State of Arizona:
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84	84	Section 1. Title 9, Arizona Revised Statutes, is amended by adding chapter 9, to read:
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86	86	CHAPTER 9
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88	88	IMMIGRANT INTERACTIONS WITH GOVERNMENT AGENCIES
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90	90	ARTICLE 1. GENERAL PROVISIONS
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92	92	START_STATUTE9-1001. Prohibited acts; immigration
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94	94	A. A municipal law enforcement agency or official may not do any of the following:
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96	96	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.
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98	98	2. inquire about a person's immigration status, citizenship, place of birth or eligibility for a social security number.
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100	100	3. make an arrest or detain or prolong the detention of a person based on civil immigration warrants or immigration detainers.
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102	102	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.
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104	104	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.
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106	106	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 subsection are void on the effective date of this section.
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108	108	c. A municipal law enforcement agency or official may not assist federal immigration authorities by doing any of the following:
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110	110	1. participating in civil immigration enforcement operations.
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112	112	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.
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114	114	3. providing access to any municipal law enforcement equipment, office space, database or property.
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116	116	4. providing access to a detained person for an interview.
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118	118	5. facilitating or complying with immigration detainers, civil immigration warrants, notification requests and transfer requests from federal immigration authorities.
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120	120	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.
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122	122	7. entering into, modifying, renewing or extending any agreement to exercise federal immigration authority or conduct immigration enforcement pursuant to section 287(g) of 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 section 287(g) of the Immigration and Nationality Act (66 Stat. 163; 8 United states code section 1357(g)).
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124	124	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.
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126	126	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.
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128	128	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.
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130	130	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
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132	132	START_STATUTE9-1002. Collection and disclosure of records
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134	134	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.
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136	136	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 FOR THE PURPOSE OF ASSESSING 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.
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138	138	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:
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140	140	1. the exact record or information to be shared.
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142	142	2. the purpose for sharing the record or information.
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144	144	3. a statement clarifying that consent is voluntary and declining to consent does not result in discrimination or retaliation by the government agency.
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146	146	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.
147	147
148	148	5. the person or municipality to receive the record or information.
149	149
150	150	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.
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152	152	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
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154	154	START_STATUTE9-1003. Reports
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156	156	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:
157	157
158	158	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.
159	159
160	160	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.
161	161
162	162	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.
163	163
164	164	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:
165	165
166	166	(a) the name of the database.
167	167
168	168	(b) an overview of information THAT IS available on the database.
169	169
170	170	(c) the purpose for which immigration authorities have access to the database.
171	171
172	172	(d) the process through which immigration authorities requested access and agencies reviewed this request, if applicable.
173	173
174	174	(e) any legal basis for providing immigration authorities WITH access to the database.
175	175
176	176	(f) the frequency with which immigration authorities accessed the database over the course of the year.
177	177
178	178	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.
179	179
180	180	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
181	181
182	182	Sec. 2. Title 11, chapter 7, Arizona Revised Statutes, is amended by adding article 9, to read:
183	183
184	184	ARTICLE 9. IMMIGRANT INTERACTIONS WITH GOVERNMENT AGENCIES
185	185
186	186	START_STATUTE11-1061. Prohibited acts; immigration
187	187
188	188	A. A county law enforcement agency or official may not do any of the following:
189	189
190	190	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.
191	191
192	192	2. inquire about a person's immigration status, citizenship, place of birth or eligibility for a social security number.
193	193
194	194	3. make an arrest or detain or prolong the detention of a person based on civil immigration warrants or immigration detainers.
195	195
196	196	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.
197	197
198	198	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.
199	199
200	200	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 subsection are void on the effective date of this section.
201	201
202	202	c. A county law enforcement agency or official may not assist federal immigration authorities by doing any of the following:
203	203
204	204	1. participating in civil immigration enforcement operations.
205	205
206	206	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.
207	207
208	208	3. providing access to any county law enforcement equipment, office space, database or property.
209	209
210	210	4. providing access to a detained person for an interview.
211	211
212	212	5. facilitating or complying with immigration detainers, civil immigration warrants, notification requests and transfer requests from federal immigration authorities.
213	213
214	214	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.
215	215
216	216	7. entering into, modifying, renewing or extending any agreement to exercise federal immigration authority or conduct immigration enforcement pursuant to section 287(g) of 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 section 287(g) of the Immigration and Nationality Act (66 Stat. 163; 8 United states code section 1357(g)).
217	217
218	218	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.
219	219
220	220	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.
221	221
222	222	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.
223	223
224	224	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
225	225
226	226	START_STATUTE11-1062. Collection and disclosure of records
227	227
228	228	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.
229	229
230	230	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 FOR THE PURPOSE OF ASSESSING 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.
231	231
232	232	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:
233	233
234	234	1. the exact record or information to be shared.
235	235
236	236	2. the purpose for sharing the record or information.
237	237
238	238	3. a statement clarifying that consent is voluntary and declining to consent does not result in discrimination or retaliation by the government agency.
239	239
240	240	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.
241	241
242	242	5. the person or county to receive the record or information.
243	243
244	244	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.
245	245
246	246	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
247	247
248	248	START_STATUTE11-1063. Reports
249	249
250	250	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:
251	251
252	252	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.
253	253
254	254	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.
255	255
256	256	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.
257	257
258	258	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:
259	259
260	260	(a) the name of the database.
261	261
262	262	(b) an overview of information THAT IS available on the database.
263	263
264	264	(c) the purpose for which immigration authorities have access to the database.
265	265
266	266	(d) the process through which immigration authorities requested access and agencies reviewed this request, if applicable.
267	267
268	268	(e) any legal basis for providing immigration authorities WITH access to the database.
269	269
270	270	(f) the frequency with which immigration authorities accessed the database over the course of the year.
271	271
272	272	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.
273	273
274	274	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
275	275
276	276	Sec. 3. Title 41, Arizona Revised Statutes, is amended by adding chapter 20, to read:
277	277
278	278	CHAPTER 20
279	279
280	280	IMMIGRANT INTERACTIONS WITH GOVERNMENT AGENCIES
281	281
282	282	ARTICLE 1. GENERAL PROVISIONS
283	283
284	284	START_STATUTE41-2351. Prohibited acts; immigration
285	285
286	286	A. A state law enforcement agency or official may not do any of the following:
287	287
288	288	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.
289	289
290	290	2. inquire about a person's immigration status, citizenship, place of birth or eligibility for a social security number.
291	291
292	292	3. make an arrest or detain or prolong the detention of a person based on civil immigration warrants or immigration detainers.
293	293
294	294	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.
295	295
296	296	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.
297	297
298	298	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 subsection are void on the effective date of this section.
299	299
300	300	c. A state law enforcement agency or official may not assist federal immigration authorities by doing any of the following:
301	301
302	302	1. participating in civil immigration enforcement operations.
303	303
304	304	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.
305	305
306	306	3. providing access to any state law enforcement equipment, office space, database or property.
307	307
308	308	4. providing access to a detained person for an interview.
309	309
310	310	5. facilitating or complying with immigration detainers, civil immigration warrants, notification requests and transfer requests from federal immigration authorities.
311	311
312	312	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.
313	313
314	314	7. entering into, modifying, renewing or extending any agreement to exercise federal immigration authority or conduct immigration enforcement pursuant to section 287(g) of 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 section 287(g) of the Immigration and Nationality Act (66 Stat. 163; 8 United states code section 1357(g)).
315	315
316	316	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.
317	317
318	318	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.
319	319
320	320	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.
321	321
322	322	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
323	323
324	324	START_STATUTE41-2352. Collection and disclosure of records
325	325
326	326	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.
327	327
328	328	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 FOR THE PURPOSE OF ASSESSING 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.
329	329
330	330	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:
331	331
332	332	1. the exact record or information to be shared.
333	333
334	334	2. the purpose for sharing the record or information.
335	335
336	336	3. a statement clarifying that consent is voluntary and declining to consent does not result in discrimination or retaliation by the government agency.
337	337
338	338	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.
339	339
340	340	5. the person or this state to receive the record or information.
341	341
342	342	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.
343	343
344	344	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
345	345
346	346	START_STATUTE41-2353. Reports
347	347
348	348	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:
349	349
350	350	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.
351	351
352	352	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.
353	353
354	354	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.
355	355
356	356	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:
357	357
358	358	(a) the name of the database.
359	359
360	360	(b) an overview of information THAT IS available on the database.
361	361
362	362	(c) the purpose for which immigration authorities have access to the database.
363	363
364	364	(d) the process through which immigration authorities requested access and agencies reviewed this request, if applicable.
365	365
366	366	(e) any legal basis for providing immigration authorities WITH access to the database.
367	367
368	368	(f) the frequency with which immigration authorities accessed the database over the course of the year.
369	369
370	370	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.
371	371
372	372	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
373	373
374	374	Sec. 4. Severability
375	375
376	376	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.
377	377
378	378	Sec. 5. Short title
379	379
380	380	This act may be cited as the "Immigrant Trust Act".