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REFERENCE TITLE: immigration verification; public benefits; asylum |
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State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
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SB 1152 |
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Introduced by Senators Rogers: Finchem
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AN ACT
amending sections 1-502 and 46-140.01, Arizona Revised Statutes; relating to immigration status.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Subject to the requirements of article IV, part 1, section 1, Constitution of Arizona, section 1-502, Arizona Revised Statutes, is amended to read:
1-502. Eligibility for state or local public benefits; documentation; violation; classification; citizen suits; court costs and attorney fees; definition
A. Notwithstanding any other state law and to the extent allowed by federal law, any agency of this state or a political subdivision of this state that administers any state or local public benefit shall require each natural person who applies for the state or local public benefit to submit at least one of the following documents to the entity that administers the state or local public benefit demonstrating lawful presence in the United States:
1. An Arizona driver license issued after 1996 or an Arizona nonoperating identification license.
2. A birth certificate or delayed birth certificate issued in any state, territory or possession of the United States.
3. A United States certificate of birth abroad.
4. A United States passport.
5. A foreign passport with a United States visa.
6. An I-94 form with a photograph.
7. A United States citizenship and immigration services employment authorization document or refugee travel document.
8. A United States certificate of naturalization.
9. A United States certificate of citizenship.
10. A tribal certificate of Indian blood.
11. A tribal or bureau of Indian affairs affidavit of birth.
B. For the purposes of administering the Arizona health care cost containment system, documentation of citizenship and legal residence shall conform with the requirements of title XIX of the social security act.
C. To the extent allowed by federal law, an agency of this state or political subdivision of this state may allow tribal members, the elderly and persons with disabilities or incapacity of the mind or body to provide documentation as specified in section 6036 of the federal deficit reduction act of 2005 (P.L. 109-171; 120 Stat. 81) and related federal guidance in lieu of the documentation required by this section.
D. Any person who applies for state or local public benefits shall sign a sworn affidavit stating that the documents presented pursuant to subsection A of this section are true under penalty of perjury.
E. Failure to report discovered violations of federal immigration law by an employee of an agency of this state or a political subdivision of this state that administers any state or local public benefit is a class 2 misdemeanor. If that employee's supervisor knew of the failure to report and failed to direct the employee to make the report, the supervisor is guilty of a class 2 misdemeanor.
F. This section shall be enforced without regard to race, color, religion, sex, age, disability or national origin.
G. Any person who is a resident of this state has standing in any court of record to bring suit against any agent or agency of this state or its political subdivisions to remedy any violation of any provision of this section, including an action for mandamus. Courts shall give preference to actions brought under this section over other civil actions or proceedings pending in the court.
H. The court may award court costs and reasonable attorney fees to any person or any official or agency of this state or a county, city, town or other political subdivision of this state that prevails by an adjudication on the merits in a proceeding brought pursuant to this section.
I. A natural person who has a pending asylum application before an immigration court under 8 united states code section 1158 is ineligible to receive any state or local public benefit until an immigration judge issues an order granting asylum.
I. J. For the purposes of this section, "state or local public benefit" has the same meaning prescribed in 8 United States Code section 1621, except that it does not include commercial or professional licenses, postsecondary education, benefits provided by the public retirement systems and plans of this state or services widely available to the general population as a whole.
Sec. 2. Subject to the requirements of article IV, part 1, section 1, Constitution of Arizona, section 46-140.01, Arizona Revised Statutes, is amended to read:
46-140.01. Verifying applicants for public benefits; violation; classification; citizen suits; definition
A. An agency of this state and all of its political subdivisions, including local governments, that are responsible for the administration of state and local public benefits that are not federally mandated shall do all of the following:
1. Verify the identity of each applicant for those benefits and verify that the applicant is eligible for benefits as prescribed by this section.
2. Provide any other employee of this state or any of its political subdivisions with information to verify the immigration status of any applicant for those benefits and assist the employee in obtaining that information from federal immigration authorities.
3. Refuse to accept any identification card issued by the this state or any political subdivision of this state, including a driver license, to establish identity or determine eligibility for those benefits unless the issuing authority has verified the immigration status of the applicant.
4. Require all employees of the this state and its political subdivisions to make a written report to federal immigration authorities for any violation of federal immigration law by any applicant for benefits and that is discovered by the employee.
B. Failure to report discovered violations of federal immigration law by an employee is a class 2 misdemeanor. If that employee's supervisor knew of the failure to report and failed to direct the employee to make the report, the supervisor is guilty of a class 2 misdemeanor.
C. A natural person who has a pending asylum application before an immigration court under 8 united states code section 1158 is ineligible to receive any state or local public benefit until an immigration judge issues an order granting asylum.
C. D. This section shall be enforced without regard to race, religion, gender, ethnicity or national origin. Any person who is a resident of this state shall have standing in any court of record to bring suit against any agent or agency of this state or its political subdivisions to remedy any violation of any provision of this section, including an action for mandamus. Courts shall give preference to actions brought under this section over other civil actions or proceeding pending in the court.
E. For the purposes of this section, "state or local public benefit" has the same meaning prescribed in section 1-502.
Sec. 3. Requirements for enactment; three-fourths vote
Pursuant to article IV, part 1, section 1, Constitution of Arizona, sections 1-502 and 46-140.01, Arizona Revised Statutes, as amended by this act, are effective only on the affirmative vote of at least three-fourths of the members of each house of the legislature.