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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: MABS DPA 4-3-0-0 | Third Read 16-13-1-0-0House: JUD DP 6-2-0-2 |
SB 1213: probation; immigration enforcement; court notification
Sponsor: Senator Shamp, LD 29
Caucus & COW
Overview
Makes an alien who is unlawfully present in the United States, and convicted of a state or local offense, ineligible for probation and requires immediate notification to U.S. Immigration and Customs Enforcement (ICE).
History
A state or local official or agency may not limit enforcement of federal immigration laws to less than the full extent allowed by federal law. For a lawful stop, detention or arrest made in enforcing another law, if reasonable suspicion exists that a person is an alien unlawfully present in the United States, a reasonable attempt must be made to determine immigration status when practicable, and any arrested person’s immigration status must be determined before release and verified with the federal government. Current law also provides that immigration status may be determined either by a law enforcement officer authorized by the federal government to verify or ascertain status, by ICE or by U.S. Customs and Border Protection (CBP) (A.R.S. § 11-1051).
Under current law, if an alien who is unlawfully present in the United States is convicted of a violation of state or local law, ICE or CBP must be immediately notified on the person’s discharge from imprisonment or on the assessment of any monetary obligation that is imposed (A.R.S. § 11-1051).
Provisions
1. Requires the court, if an alien who is unlawfully present in the United States is convicted of a violation of state or local law, to immediately notify ICE. (Sec. 1)
2. Requires the agency of this state or the municipality that discharges such an alien from imprisonment, or assesses a monetary obligation, to immediately notify ICE. (Sec. 1)
3. Removes CBP as an alternative recipient of the aforesaid notification. (Sec. 1)
4. Establishes, notwithstanding any other law, that an alien who is unlawfully present in the United States and who is convicted of a violation of state or local law is not eligible for probation; instead, the court is to immediately notify ICE. (Sec. 2)
5. Makes technical and conforming changes. (Sec. 1)
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9. Initials NM SB 1213
10. 3/26/2026 Page 0 Caucus & COW
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