ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

Senate: GOV DP 4-2-1-0 | Third Read 16-12-2-0-0

House: GOV DP 4-3-0-0

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

SB 1338: state; local public benefits; eligibility

Sponsor: Senator Rogers, LD 7

Caucus & COW

Overview

Lists individuals that are ineligible to receive state or local public benefits.

History

An Arizona agency that administers any state or local public benefit must require each natural person who applies for benefits to submit at least one of the following documents demonstrating lawful presence in the United States (U.S.): 1) an Arizona driver license as outlined; 2) a birth certificate  issued in any state, territory or possession of the U.S.; 3) a U.S. birth certificate of birth abroad; 4) a U.S. passport; 5) a foreign passport with a U.S. visa; 6) an I-94 form with a photograph; 7) a U.S. Citizenship and Immigration Services employment authorization document or refugee travel document; 8) a U.S. certificate of naturalization; 9) a U.S. certificate of citizenship; 10) a travel certificate of Indian blood; or 11) a Tribal or Bureau of Indian Affair affidavit of birth.

State or local public benefit has the same meaning prescribed in federal law except that it does not include commercial or professional licenses, postsecondary education, benefits provided by the public retirement systems and plans of Arizona or services widely available to the generation population as a whole (A.R.S. § 1-502).

Provisions

1.   Makes the following individuals ineligible to receive any state or local public benefits:

a.   an individual whose presence in the U.S. is not authorized by federal law;

b.   a foreign national who is paroled into the U.S. by the U.S. Department of Homeland Security; and

c. a foreign national who has indicated an intention to apply for asylum in the U.S. but whose application has not been adjudicated in the affirmative. (Sec. 1)

2.   Modifies the definition of state or local public benefit. (Sec. 1)

3.   Makes conforming changes. (Sec. 1)

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7.   Initials ML                       SB 1338

8.   3/26/2026  Page 0 Caucus & COW

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