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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
VETOED
county detention facilities; arrestees; information
Purpose
Requires county detention facilities to provide personal identifying information and access to a person arrested for an outlined offense on the request of U.S. Immigration and Customs Enforcement (U.S. ICE), except as specified.
Background
Federal, state and local government entities and officials may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the U.S. Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or unlawful, of any individual (8 U.S.C. § 1373).
State officials or agencies and counties, cities, towns and other political subdivisions of the state may not be prohibited or restricted in any way from sending, receiving or maintaining information relating to the immigration status, lawful or unlawful, of any individual or exchanging that information with any other federal, state or local governmental entity to: 1) determine eligibility for a public benefit, service or license provided by any federal, state or local municipality; 2) verify any claim of residence or domicile if the determination is required under state law or a judicial order for a civil or criminal proceeding; 3) if the person is an alien, determine whether the person is in compliance with the registration requirements prescribed by the federal Immigration and Nationality Act; and 4) comply with federal law (A.R.S. § 11-1051).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a county detention facility, on a daily basis or on the request of U.S. ICE, to transmit the name, address, date of birth, gender and social security number of a person arrested for criminal burglary, theft, larceny, shoplifting, aggravated assault on a law enforcement officer or any other offense that results in death or serious bodily injury to another person.
2. Requires, on the request of U.S. ICE, a county detention facility to provide U.S. ICE:
a) with a photograph and any other physical descriptors of a person arrested for any of the outlined offenses; and
b) access to the person for an interview.
3. Stipulates that a county detention facility must comply with and honor any requests made by U.S. ICE.
4. Exempts, from the outlined requirements, a county detention facility:
a) where a U.S. ICE agent is stationed; or
b) that has an employee who is approved by U.S. ICE to conduct immigration and customs screenings of persons who have been detained.
5. Defines a county detention facility as any place used by a county sheriff's office for the confinement or control of a person arrested for criminal burglary, theft, larceny, shoplifting, aggravated assault on a law enforcement officer or any other offense that results in death or serious bodily injury to another person.
6. Becomes effective on the general effective date.
Governor's Veto Message
The Governor indicates in her veto message that she expects state and local governments to uphold the law and work with the federal government to secure the border but S.B. 1610 would place extreme burdens on local law enforcement and state law already bans sanctuary localities.
Senate Action House Action
MABS 2/17/25 DP 4-2-1 PSLE 3/17/25 DP 8-6-0-1
3rd Read 3/10/25 17-10-3 3rd Read 4/16/25 33-25-2
Vetoed by the Governor 5/2/25
Prepared by Senate Research
May 6, 2025
KJA/slp