ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

Senate: MABS DP 4-3-0-0 | Third Read 16-11-3-0-0

SB 1055: arrestees; unlawfully present; reporting

Sponsor: Senator Rogers, LD 7

Committee on Public Safety & Law Enforcement

Overview

Requires the United States Immigration and Customs Enforcement (U.S. ICE) or United States Customs and Border Protection (U.S. CBP) to be notified when a law enforcement official or agency arrests a person who is unlawfully present in the U.S.

History

Statute prohibits a law enforcement official or agency of Arizona or a county, city, town or other political subdivision of Arizona, from limiting or restricting the enforcement of federal immigration laws to less than the full extent permitted by federal law. Furthermore, law enforcement officials or agencies must reasonably attempt to determine the immigration status of a person during any lawful stop, detention or arrest, where reasonable suspicion exists that the person is unlawfully present in the U.S. All individuals who are arrested must have their immigration status determined before release and the status must be verified with the federal Immigration and Naturalization Service. Lastly, law enforcement officials and agencies may not consider race, color or national origin in executing the statutory requirement to reasonably attempt to determine the immigration status of a person suspected to be unlawfully present in the U.S (8 U.S.C. § 1373(c)).

A person is presumed to be lawfully present in the U.S. if the person provides the law enforcement officer or agency any of the following: 1) a valid Arizona driver license; 2) a valid Arizona nonoperating identification license; 3) a valid tribal enrollment card or other form of tribal identification; or 4) if the entity requires proof of legal presence before issuance, any valid federal, state or local government issued identification (A.R.S. § 11-1051).

Entities allowed to determine an alien's immigration status include: 1) law enforcement officers who are authorized by the federal government to verify or ascertain an alien's immigration status; and 2) the U.S. ICE or the U.S. CBP pursuant to federal law (A.R.S. § 11-1051; 8 U.S.C. § 1373(c)).

Provisions

1. Requires the U.S. ICE or U.S. CBP to be immediately notified when a law enforcement official or agency arrests a person who is unlawfully present in the U.S. (Sec. 1)

2. Makes technical changes. (Sec. 1)

5. ---------- DOCUMENT FOOTER ---------

6. Initials NM/AI SB 1055

7. 3/2/2026 Page 0 Public Safety & Law Enforcement

9. ---------- DOCUMENT FOOTER ---------